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Minutes 1974Pledge Roll Call MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA Monday, January 7, 1974 - 7 00 P M City Hall PRESENT Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz ABSENT None City Staff PRESENT J H Fitzpatrick, City Clerk, R D Miller, Administrative Officer, A J Shaw, Jr , City Attorney, D Williamson, Assistant Administrative Officer, Parks and Recreation Director W Flory, R A Paul, Water Department Director, E L Rodgers, Police Chief, D F Romero, City Engineer, L Schlobohm, Fire Chief, Pat Gerety, Associate Planner Mayor Schwartz announced that the City Council authorized the appoint- AT the request of the City Council, the City Clerk explained the implications of the change in timing on the water bills, in that the bills would now be due and payable on the 1st of the month and delin- quent on the 1st of the following month, rather than the present procedure of due and payable on the 10th of the month and delinquent on the month following. Otherwise there were no basic changes to the billing procedure Mayor Schwartz declared the public hearing open No one appeared before the Council for or against the proposed ordinance change Mayor Schwartz declared the public hearing closed On motion of Councilman Brown, seconded by Councilman Graham, the ordinance was introduced for final passage on the following roll call vote ' AYES Councilmen Brown, Graham, Gurnee and Norris, and Mayor Schwartz NOES None ABSENT None 2 The request of the San Luis Obispo Transportation Corporation, doing business as San Luis Obispo Yellow Cab, requested Council permis- sion to experiment with a dial -a -ride system at no cost to the taxpayers ment to the Planning Commission of Or Allan Settle, to complete the ' term of Alva Williamson, June 30, 1977 1 City Council considered the final passage of Ordinance No 602, an ordinance of the Council of the City of San Luis Obispo amending the water billing Drocedures in the Municipal Code AT the request of the City Council, the City Clerk explained the implications of the change in timing on the water bills, in that the bills would now be due and payable on the 1st of the month and delin- quent on the 1st of the following month, rather than the present procedure of due and payable on the 10th of the month and delinquent on the month following. Otherwise there were no basic changes to the billing procedure Mayor Schwartz declared the public hearing open No one appeared before the Council for or against the proposed ordinance change Mayor Schwartz declared the public hearing closed On motion of Councilman Brown, seconded by Councilman Graham, the ordinance was introduced for final passage on the following roll call vote ' AYES Councilmen Brown, Graham, Gurnee and Norris, and Mayor Schwartz NOES None ABSENT None 2 The request of the San Luis Obispo Transportation Corporation, doing business as San Luis Obispo Yellow Cab, requested Council permis- sion to experiment with a dial -a -ride system at no cost to the taxpayers City Council Minutes January 7, 1974 Page 2 To conduct the test, the City Council would grant the corporation permission to 1) use any of their cab vehicles or other appropriate vehicles to be operated at fixed rates per passenger rather than the meter rates and 2) to determine and set the rates during the trial periods subject to Council approval within 180 days The request of The San Luis Transportation was referred to the Mass Transit Committee for study and recommendation to the City Council 3 City Council again reviewed the policies and standards for Flood Plain Manaoement and considered the adoption of an ordinance amending the Municipal Code to require review by the City of all proposed construction and grading activities within certain flooded and flood prone areas and within 20 feet of the top of the banks of certain waterways, prior to the issuance of building and grading permits therefor, and providing a procedure for said review D F Romero, City Engineer, then reviewed for the City Council, the policies and standards recommended to the Council for Flood Plain Management He reviewed the definitions to be used in the ordinance, determination to be made by the staff, the standards for improvement of natural waterways in decreasing desirability such as 1) natural, 2) timber, 3) stone masonry, 4) stone riprap, 5) constructed concrete rubble, 6) sacked concrete, 7) brick or concrete block, and 8) gunite or concrete pour He also reviewed the general requirements of appli- cants for construction within the waterways and the documents re- quired by the waterways plan for consideration Under the policies and standards, any person who was aggrieved by a decision made under the terms of the ordinance or by the Waterways Planning Board or City Engineer, had a right of appeal to the City Council On motion of Councilman Graham, seconded by Councilman Brown, the following ordinance was introduced ORDINANCE NO 603 (1974 Series), an ordinance of the City of San Luis Obispo amending the Municipal Code to require review by the City of all proposed construction and grading activities within certain flooded and flood prone areas and within twenty feet (20') of the top of the banks of certain waterways prior to the issuance of building and grading permits therefor, and providing a procedure for said review Passed to print on the following roll call vote AYES Councilmen Brown, Graham, Gurnee and Norris, and Mayor Schwartz NOES None ABSENT None On motion of Mayor Schwartz, seconded by Councilman Graham, the follow- ing resolution adopting the policy and standards was introduced RESOLUTION 2543 (1974 Series), a resolution of the Council of the City of San Luis Obispo adopting policies and standards for flood plain management Passed on the following roll call vote AYES Councilmen Brown, Graham, Gurnee and Norris, and Mayor Schwartz NOES None ABSENT None T i 1 City Council Minutes January 7, 1974 Page 3 4 Commun rcat i on from Richard N RacouiIIat, Attorney for M J Smith, requesting that the City Council state whether the provisions of City Ordinance Nos 568 and 586 would be continued after November 1, 1974 (Continued from the meeting of 12/17/73 referred to the City staff for study, anahysis and recommendation to the City Council) R A Paul, Water Department Director, stated that under present plans and in view of contracts let out by the City it was envisioned -- that the moratorium would be lifted by November 1, 1974, although the Edna Saddle Tank might not be operational until March, 1975 due to possible steel shortages R A Paul continued that with the completion of the cross town feeder prior to November, 1974, portions of the area under moratorium could then be lifted, although until the cross town feeder was in operation and tested, he did not feel the M J Smith property would benefit from its operation An adequate water supply would be provided to the area of the M J Smith property upon completion of the Edna Saddle Reservoir and pipeline, no later than March, 1975, the scheduled date for completion of the reservoir R A Paul, concluded that the presently scheduled date of the expiration of the moratorium ordinances, November 1, 1974, would be followed by a period of historically low City water use until the scheduled operational completion of the Edna Saddle Reservoir in March, 1975 Therefore, it appeared possible that the moratorium restrictions could be lifted entirely in November, 1974 without Jeopardizing water service to existing City users A J Shaw, City Attorney, stated that after a review of R A Paul's ' comments that the moratorium imposed by Ordinance Nos 568 and 586 could be lifted in November, 1974 and that barring unforseen difficulties, the moratorium would no longer be required after March, 1975 As it appeared that the City would not terminate the moratorium before November, 1974, he felt that the City Council could make the first find- ings requested by M J Smith, namely "1 It is the present intention of the City Council of the City of San Luis Obispo not to remove the restrictions em- bodied in Ordinance Nos 568 and 586 prior to November 1, 1974 " A J Shaw continued that since it appeared that the City Council could with some substantial degree of accuracy state that the moratorium would be lifted on or before March, 1975, he did not feel that the Council could make the second finding requested by Mr Smith, namely "2 The City Council certifies of accuracy state when the built Smith's property will be lifted The City Council discussed with A J Shaw the implications of his recommendation and the analysis by R A Paul ' On motion of Mayor Schwartz, seconded by Councilman Graham that, based on the testimony presented, the Council made the following findings "1 It is the present intention of the City Council of the City of San Luis Obispo not to remove the restrictions embodied in Ordinance Nos 568 and 586 prior to November, 1974 " "2 The City Council certifies that it can state with a sub- stantial degree of accuracy that the restrictions of Ordinance Nos 568 and 586 will be lifted before March, 1975 " City Council Minutes January 7, 1974 Page 4 Motion carried on the following roll call vote AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES None O ABSENT None 5 Memorandum from T Kith Gurnee regarding the Citv audiT for the fiscal year 1973 -74 Councilman Gurnee stated his reason for evaluating the action by the Council of whether to continue with a general audit agreement or whether an evaluation should be made by an Administrative or Operations System Analyst to see that conversions and operations of the finance department were modern and up to date and that the budget process was also considered in the new accounting system He stated that if the City Council 1) wished nothing more than an audit, an independent accounting of the dollars coming in and The dollars going out, Then he recommended that the City enter into the Audit Agreement with Mr Wille,ford for the following year, 2) if the Council desired to have an objective and expert evaluation of the conversion to a totally new system of accounting and to procure technical assistance to assure a smooth transition towards data processing methods, then he felt that the Council should seek out and solicit proposals from qualified consulting firms with recognized technical and analyTical experTise in the field of innovative accounting systems and data processing He felt that an audit could be performed by the consultants at the time the evaluation was made of the conversion Subsequent annual audits could be performed by an independent auditor as per the present situation He felt that the right way to go would be with the second option, The operations system analysis, so that the Council could be certain that the accounting system would keep pace with the government's needs in the coming decades However, this alTernative would be more expensive and while he considered this to be the best alternative, he stated that meeting with the City staff, they felt that the conversion to data processing would be able to be handled by existing personnel without the massive consultant assistance He therefore recommended that the City Council enter a contract for the independent auditor and request that the finance department proceed as rapidly as possible with a report as to the development of the new accounting system and that the finance department be willing to come forward and ask the Council 14 they needed expert help as time went on in the conversion J H FiTZOatrick, City Clerk, stated that he felt that he and his staff were moving along with the conversion to the accounting system and to the installation of The data processing procedures and felt That while they were a little delayed in getting their reports to the Council, the system was moving along in good time Although, he stated that if the finance department did run into any problems, he wou Wbe most willing to come to the City Council and ask for either technical or finances to retain experT help in the completion of the system He concluded stating that he hoped before the end of the month that prelim- inary reports could be submiTted to the City Council as to the conver- sion, chart of accounts, etc On motion of Mayor Schwartz, seconded by Councilman Norris that the City Council retain M E Willeford to act as independent auditor for the City Council for the fiscal year 1973 -74 Motion carried 7 Mayor Schwartz announced that before going into the hearing on Item 6, that Item 7, the Public Hearing on the Recommendation of the Planning Commission to amend the zoning ordinance to allow offices of a heavy commercial or industrial nature in the C -H and M zones subjecT to use permit, would not be heard by the City Council this evening, due to some technical difficulty brought to the Council's a 1ention by The City Council Minutes January 7, 1974 Page 5 City staff The matter was being re- referred to the Planning Commission for review of the recommended procedures He asked if anyone in the audience was there specifically to discuss this matter No one appeared before the City Council, the matter was then referred back to the Plan- o ning Commission for review 6 At this time, the City Council held a public hearing on the recommendation of the Planning Commission that the City Council of the City of San Luis Obispo adopt the Open Space Element and the Conserva- tion Element as part of the City's General Plan Pat Gerety, Associate Planner, stated that the Planning Commission considered the Open Space ,and Co_n_servat i on E le "menu of_ the- General P l an at a public hearing on December 18, 1973, with the changes noted to the City Council The Commission spent a number of study sessions developing and reviewing these elements and felt that they were com- prehensive in their scope Further, these elements were mandated by State law and the Planning Commission felt they met State requirements in all respects The conservation element was prepared Jointly with the County with cooperating funds from the City, while the open space element was prepared by the Planning staff It was the desire of the Planning Commission to initiate implementation of the elements as soon as they had been adopted by the City Council Pat Gerety, Associate Planner City Planning Department, reviewed for the City Council and briefed the open space plan for the City of San Luis Obispo, as recommended by the Planning Commission He reviewed for The City Council, the objectives of the Open Space Plan, the functions of the Open Space Plan, and the components of the Open Space Plan He reviewed the Open Space inventory, the Open Space Plan goals, and recommendations for implementation of the proposed plan After a lengthy review of the Open Space Plan by Mr Gerety, he sub- mitted a letter from Mr John A Rapp, who wrote in support of the City's adoption of the Open Space Plan as presented by the City Plan- ning Commission He also submitted a letter from Mrs Glennadean Dovey, President League of Women Voters, with a qualified endorse- ment of the Open Space Plan He also presented a letter from UNCOLA, which endorsed the Open Space Plan as presented by the City Planning Commission The City Council then reviewed with Mr Gerety various parts of the Open Space Plan as presented making suggestions primarily as to word- ing changes, some priority changes in the goals of the plan, etc 8 50 P M., Mayor Schwartz declared a recess 9 10 P M , the meeting reconvened with all Councilmen present Mayor Schwartz declared the public hearing,-open on the Open Space Plan Doug Donaldson, Planning Commission Member, spoke in support of the Planning Commission recommendation on the Open Space Plan and urged adoption by the City Council Fred Louis B Stronq, consultant for the Citizens for Environmental Balance and Economic Stability, submitted a written report to the City Council, which he read, regarding suggestions and /or objections to the Open Space Plan as recommended by The Planning Commission He also submitted with his letter, a copy of pages of the Open Space Plan and the Conservation Element with suggestions as to wording changes recommended by the CEBES Mr Strong asked the City Council, particularly to insert in the Conservation Element on page 1 5 as new number 8 and in the Open Space Plan as a final paragraph of page 1 City Council Minutes January 7, 1974 Page 6 "The City Council hereby finds and declares that this General Plan Element'is not intended and shall not be construed as authorizing or approving any action which will take or damage private property for public use without the payment of Just compensation therefore This General Plan Element is not intended to increase D or decrease the rights or any owner of property under the Constitution of the State of California or of the United States " Henry Rible, 1215 Mariners Cove, San Luis Obispo, felT that the area around the City which had not now developed, should be zoned as agriculture, in order to provide for a green belt around the City, which would make for a better living environment for the poeple in the City He felt that this should be done particularly around the Laguna Lake area He also urged keeping the hills and creeks in as natural a state as possible R Racouillat, Attorney, spoke in opposition to the Open Space Plan, which showed the Dalidio property as prime agricultural land He felt that this land was marginal due to hard pan and poor drainage and he felt it should be allowed to develop to urban uses Mrs Glennadean Dovev, President of the Leaaue of Women Voters, appeared before the City Council srating That the League supported both elements of the General Plan as submitted by the Planning Com- mission and hoped that the City Council would adopt both plans in essentially their present form The only objection or comment the League would make was in the matter of earmarking tax revenues They felt that if any of the financing methods discussed in the Open Space Element, page 42, involving designated taxes were considered, O they would at the appropriate time, oppose such earmarking Finally, they believed that there was a pressing need to implement borh elements of the General Plan now, as they were anxious to see that the Planning Commission pursue all realistic measures to protect and preserve the scenic and open space lands Therefore, the League of Women Voters encouraged the City Council to undertake implementation programs immediately Donald Smith spoke in support of adoption of the Open Space and Conservation Elements of the San Luis Obispo General Plan He too urged that the City initiate a green belt along the perimerers of the City, in order to control the quality of life within the City Robert E Barrows, Meinecke St , in support of the Planning Commission recommendation for adoption of both the Open Space and Conservation Elements of the General Plan Charles French, Atttorney, asked for clarifications of several definitions wiThin the Open Space Plan, and further, what the property owner coula do under those definitions Roy McChesney, representing the County Farm Bureau, urged support of continuing agricultural use of Open Space land to its highesT and best use Mavor Schwartz declared the public hearing closed on the Open Space O Element of the City's General Plan Councilman Gurnee stated that he was in support of the recommended Open Space ElemenT of the General Plan with some minor changes in wording for clarifications Councilman Norris felt that The City should take the written and oral contribuTions presented by the City Council and to set a study session at a later date to include these suggestions in the Plan City Council Minutes January 7, 1974 Page 7 Councilman Brown felt that the City Council had received very valuable input from the public this evening and that the City should continue consideration of this plan before adoption in order to allow consider- ation of the written and oral presentations ' A J Shaw, Jr . City Attorney, commented on the State law for adoption of elements of the General Plan, that if the City Council made any changes, it must be sent back to the Planning Commission to either concur or not approve the changes, after which the City Council could then proceed Councilman Gurnee agreed that the matter of the Open Space Element should be continued to a study session for consideration of some minor amendments to the Planning Commission's recommendation Mayor Schwartz suggested that the Council continue consideration of the Open Space Plan to January 28, 1974, to thrash out any changes and amendments for Planning Commission consideration He continued that as far as he was concerned, except for some minor wording changes, he agreed basically with the concept of the Open Space Plan as presented and recommended by the Planning Commission Council continued the matter to an adjourned meeting of January 28, 1974, 730 PM 6B At this time, the City Council considered the recommendation of the Planning Commission to adopt the ConservaTion Element of the City's General Plan as recommended by the City Planning Commission This report was prepared jointly by the City and County Planning Departments with help and paid for by both agencies ' Fred Louis B Strong, Consultant, Citizens for Environmental Balance and Economic Stability, again asked the City Council to consider their previous contributions dealing with the Conservation Element and also the letter from the League of Women Voters-urging adoption of the Conservation Element of the General Plan Mayor Schwartz stated that he had read the Conservation Element as recommended by the Planning Commission very throughly and that he felt that the report was adequate, comprehensive and he could find no reasons for amendment and no place for correction He would be willing to proceed with adoption at this time Councilman Gurnee also stated that he had no objection to the adoption of the Plan as presented Councilman Norris stated that he had no objection to the adoption of the Plan except that on page 44, recommendation No 2, dealing with the urban development on prime agricultural land, he felt this section could be reworded for better understanding On page 56, paragraph D, he felt this paragraph dealing with the creek systems, should be amended to recognize that the creeks in San Luis Obispo are a part of the drain- age system of the community ' Councilman Brown stated that he too supported the Conservation Element, felt that it was well done and that he would be willing to adopt it at this time Councilman Graham ,felt that he had no objection or questions dealing with the Conservation Element On motion of Mayor Schwartz, seconded by Councilman Gurnee, the following resolution was introduced RESOLUTION NO. 2552, a resolution of the Council of the City of San Luis Obispo adopting a conservation element for the City's General Plan _ City Council Minutes January 7, 1974 Page 8 Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee and Norris, and Mayor Schwartz NOES None ABSENT None 8 Communication from Charles Long, representing the petitioners against the application of Davis King Development Co for a restaurant to be developed at 271 Woodbridge, to be called Woodbridge Feed -and Sound Co Charles Long felt that the City Council was not following the General Plan for this area, as the area on the General Plan called for medium to high density residential and that this large restaurant establishment would be in direct conflict with the proposed plan He further stated that the City Council was under the impression that Katy Street would be surfaced and used as an alternate route, but that there was no concrete evidence or commitment by the developers or an agreement that this would be placed He felt that there were too many questions as to traffic control, to noise, erc and he felt that the City Council had acted illegally in allowing this development A J Shaw, Jr , City Attorney, reviewed the history of the restaurant proposed for 271 Woodbridge St , as previously presented to the City Council 1 G Shipsev, Attorney for Charles Long, protesting the location of the restaurant on Woodbridge St , stated that he felt that the City was allowing a development in a zone that was not in conformance with the O City's adopted General Plan, which he felt was in violation of State law, Section 65860 of the Government Code But, in addition to that, he felt that the noise and traffic generated by this beer hall, would be intolerable to the adjacent residences and businesses He con- tinued that the restaurant was not located on a paved street, in fact on any adopted street or road, and that if it was allowed to develop, the City taxpayers someday would have to pay to improve the street due to the large usage and the complaints by the people using this access He then again reviewed Section 65860 that mandated the zoning in the City must conform to the adopted General Plan and that the CiTy could not arbitrarily allow uses incompatible wiTh said plan A J Shaw, Jr , City Attorney, stated that Section 65860 of the Government Code as read by Attorney Shipsey was correct, except that interpretations of State law made for different applications in practice He suggested that the matter be referred to the Planning Commission for reconsideration in light of the State law Richard Racouillat, Attorney representing Woodbridge Feed and Sound Organization stated that no building permit had been applied for at this time and that the building was redesigned in order to control sound further than had been planned in the original building The reason for the additional sound control was to avoid annoying neighbors anywhere in the vicinity Further, he stated that the developer was planning to improve Katy St for access to the restaurant He asked the City Council to continue this matter until the developer had had an opportun- ity to review the State law with his attorneys A J Shaw, Jr , City Attorney, suggested that the staff be asked to look into these matters, that both attorneys be given an opportunity to submit briefs and that the City Council hold up the building permit for two weeks On motion of Councilman Gurnee, seconded by Councilman Graham that the Woodbridge Feed and Sound Co building permit be withheld, that the staff submit a report to the City Council in two weeks, and that the City Council Minutes January 7, 1974 Page 9 attorneys for all parties be asked to submit briefs to the City Attorney, prior to the next meeting Motion carried 9 Communication from Richard A Carsel, Attorney, represent- ing the San Luis Obispo Police Officer's Association, regarding safety equipment for Police Officers He stated that in accordance with State law, it required an employer to indemnify an employee for expenses incurred in the discharge of the employee duties or made at the discretion of his employer He was asking that the City Council reimburse for out -of- pocket safety equipment expenditures previously made by the Officers and that the City Council furnish required safety equipment by the City He continued that he felt this was the responsibility of the City and that a recent case by the Oakland Police Officers Association required the City of San Luis Obispo to reimburse all Police Officers for all safety equipment purchases in- curred since 1937 Another objection was he felt that many items listed as safety equipment required by the Police Officers Association and a number of items considered by the Police Officers Association as safety equipment were not even shown on the list prepared by the City A J Shaw, Jr , City Attorney, reported that the California Labor Code Section 2802 referred to by Attorney Carsel, which required the City to provide cash reimbursement to officers for safety equipment previously purchased by them, did require reimbursement as stated by Mr Carsel He stated that the literal interpretation of the word indemnify as used in the Section would appear to indicate that the Section was inapplicable, but he would be willing to review additional citations of law if it could be presented by Mr Carsel Communication from E L Rodgers, Chief of Police, dated November 19, 1973, listing what the Police Department staff felt were legitimate items of safety equipment and the approximate cost indicated He felt that if any equipment were purchased by the City, it would be City property and would be turned in by the Officer if he left the Department or retired Also, during the period of service, all issued equipment would be kept-in good - condition considering normal, wear and tear The Police Chief recommended that Police Officers could elect to continue the use of their own equipment heretofore purchased by them if it comformed to departmental standard, it being understood that they would receive no reimbursement for such equipment kept -by - themselves Of course, new Officers would not have the privilege of switching, they would have to use City issued equipment Richard A Carsel then appeared before the City Council again reviewed varvous Sections of the California Civil Code defining the words, such as indemnity and suretyship He also felt that the interpre- tations he was submitting made it abundantly clear that it was the duty to indemnify the payment of the original obligation as a condition precedent to an indemnification He also referred the City Council to several legal interpretations on indemnification which required reimbursement if there was a duty owed which would be discharged by the performance of the promisor, etc He felt that the City had acknowledged its obligation to provide safety equipment to its Police Officers and ' since this was an obligation of the City under the Labor Code Section which required the employer to indemnify the employee for expenditures incurred in direct consequence of the discharge of his duties He felt the duty of the City was to provide the equipment, coupled with expen- ditures for the purchase of said equipment by the Police Officers, which he felt required repayment to Police Officers for all monies expended by them in satisfaction of the obligation of the City He also felt that the list of equipment prepared by the Police Chief was far from complete, as far as the Police Officers Association were concerned Many of the items listed by the Police Chief as safety items were not so considered by the Police Officers and items not shown,, were considered by Police Officers as safety equipment He asked that the City Council appoint some representatives to meet with the Police Officers Association City Council Minutes January 7, 1974 Page 10 representatives, at least to review the safety equipment list, so that at least both parties would be talking about The same type of equipment A J Shaw, Jr , City Attorney,stated that he felt all Officers, new and existing, could accept the City's offer to supply all of them with necessary safety equipment as listed If any reimbursement were made, it should only go back to purchases made within the last Three years, as he felt the statute of limitations took effect The equipment would only become reimbursable if a verified claim were submitted by each officer on his equipment Once the City paid for the equipment, then it would become the property of the City Councilman Brown felt that each officer, under these statutes as he understood them, could require a new set of safety equipment at City expense now, and either keep their personally purchased equipment, or sell them to someone else and keep the money ' Councilman Graham suggested that the Police Officers Association accept the amount in the list as submitted by the Police Chief and not the $300 plus requested by Mr Carsell Councilman Gurnee asked for clarification of Carsell's request 1) Is Carsell asking for staff negotiation on the equipment list, and 2) Is Carsell asking for staff negotiation on the legal interpretaTion of statute of limitations? Carsel agreed that These were the two points that he would wish to discuss before proceeding Therefore, Councilman Gurnee felt The staff should look into the equipment list, for at least a meeting of the minds by the City and the Police Officers Association before it was brought back to the City Council He also felt negotiations on reimbursement should be pursued to the satisfaction of both the City and the Police Officers' Association A J Shaw, City Attorney, commented on methods of arriving at the purchase price, so the City could buy used safety equipment submitted on a claim by each individual Police Officer Mayor Schwartz felt that as he understood the CITY proposal was to issue all Officers safety equipment which would be the property of the City If there was any reimbursement to an Officer for use of his safety equ,opment, then that equipment would become property of The City Councilman Norris suggested that the Council restate their policy that the City would issue safety equipment to all officers at City expense, and that he was not in favor of reimbursement for existing equipment A J Shaw, City Attorney, felt that the three year statute of limi- tations would apply to all claims for reimbursement Councilman Brown felt that the City should purchase all existing safety equipment which would be owned by the City at their existing value Mayor Schwartz felt the Council should get a list from ail Officers or equipment he wished to sell the City regardless of the length of service On motion of Mayor Schwartz, seconded by Councilman Gurnee that 1) City Council indicate to the Police Officers Association the willingness for them to meet with City staff to study the list of safety equipment presented by the Chief, with a view to modification 1 1 City Council Minutes January 7, 1974 Page it 2) It was the City Council's intention to comply with the law, and to supply all officers with safety equipment 3) The City would purchase safety equipment required by the City from present Officers upon submittal of verified ' claim as to its value by each Police Officer 4) The City personnel officer to compile a list of all Police Officers with service of three years or over and an estimate of the cost to the City for supplying the safety equipment or reimbursement of the Police Officer's present equipment 5) City Attorney to meet with Carsell to determine the statute of limitations application. 6) The City Council recognizes the Police Officer has the right to dispose of his equipment through private sale 7) The City Council would not recognize any purchase of safety equipment by an individual after January 7, 1974 Motion carried on the following roll call vote AYES Councilmen Brown, Graham, Gurnee and Norris, and Mayor Schwartz NOES None ABSENT None 10 D F Romero, City Engineer, presented plans and specification for Waterways Obstruction Abatements of Natural Obstructions - City Plan No 34 -74 He submitted a sketch showing the location of each improvement and the type of improvements to be made and the nature of the obstruction being corrected He estimated the cost to be $4,050 On motion of Councilman Gurnee, seconded by Councilman Brown, the plans and specifications were approved and the City Engineer was authorized to proceed with advertising C -1 Payment authorized for claims against the City of San Luis Obispo, subject to approval by Administrative Officer C -2 The following contract payments were approved MADONNA CONST CO PREFUMO CHANNEL CULVERT MODIFICATION C P. #15 -74 Est #2 $ 4,266 00 Est #3 Final $ 1,397 00 WALTER BROS CONST CO PREFUMO CHANNEL MODIFICATIONS C P #7 -74 Est #3 $ 7,485 75 CONCO GENERAL ENGRG ' N BROAD ST DRAINAGE IMPROVEMENT C P #11 -74 Est #2 $ 3,364 20 Est #3 Final $ 838 54 WALTER BROS CONST CO MADONNA ROAD CULVERT ENLARGEMENT C P #23 -73 Est #5 $ 6,310 26 WALTER BROS CONST CO PREFUMO CHANNEL VEGETATION REMOVAL C P #9 -74 Est #1 $ 5,798 70 Est #2 Final $ 644 30 City Council Minutes January 7, 1974 Page 12 R BURKE CORP TASSAJARA ST CULVERT RECONSTRUCTION C P N1 -74 Est #3 $ 727 20 Est N4 Final $ 1,004 50 C C 0 N1 + $ 694 00 CONTRACT PAYMENTS ' MID -STATE CONST CO Est N3 $19,449 59 ADDITION TO SENIOR CITIZENS CENTER CHAS A PRATT HIGUERA -LOS OSOS EXTENSION, SEWER, WATER, DRAINAGE IMPROVEMENTS C P A27 -93 Tract 467 Est k5 $18,812 04 (Developers Share $ 6,512 49 City Share (CO N1) 3,123 87 City Share (261(4)) 9,175 68 $18,812,04 C -3 Administrative Officer was authorized to advertise for bids to replace four pieces of equipment as follows Item 1 To be purchased One (1) 1974 Station Wagon or Van for Fire Dept To be traded in One (1) 1967 Plymouth Station Wagon, City ' equipment No 167, serial number RH45F7119853, to be traded in "as is ", except that The City will retain radio, Dietz warning light, spotlight (right side), siren - public address unit, battery charger and instant power gen- erating unit Item 2 To be purchased One (1) 1974 Economy pickup for Planning 8 Building Dept To be traded in One (1) 1963 Falcon Ranchero pickup, city equipment No 663, serial number 3R275 138 287, to be traded in "as is ", excepT that the City will remove radio equipment ITem 3 To be purchased One (1) Wheel type front end loader for street dept To be traded in One (1) 1963 International front end loader, city equipment No 163, serial number 1054W, to be traded in "as is" Item 4 To be purchased One (1) Four Wheel Drive front end 'loader To be traded in One (1) 1962 Caterpillar loader, city equip- ment INo 362, serial number 59A1705, to be traded in "as is" C -4 Recommended approval for William E Flory, Director of Parks 8 Recreation to ask for bids on a rotary mower for the City Park Dept C -5 On motion of Mayor Schwartz, seconded by Councilman Gurnee the following resolution was introduced RESOLUTION NO 2540, a resolution increasing the 1973 -74 budget (Revolving Account No 151) City Council Minutes January 7, 1974 Page 13 Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee and Norris and Mayor Schwartz NOES None ABSENT None C -6 On motion of Mavor Schwartz, seconded by Councilman Gurnee the following resolution was introduced RESOLUTION NO 2541, a resolution transferring funds (TOPICS fund) Passed and ddopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee and Norris and Mayor Schwartz NOES None ABSENT None C -7 On motion of Mavor Schwartz, seconded by Councilman Gurnee the following resolution was introduced RESOLUTION NO 2542, a resolution increasing -The 1973 -74 budget (Transit System) Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee and Norris and Mayor Schwartz ' NOES None ABSENT None C -8 Claim against the City by Leon J Wimblev for removal and replacement of sewer line due to improper compaction under sewer line denied and referred to insurance carrier C -1 through 8, less 5, 6, 8 7, adopted on motion of Councilman Gurnee, seconded by Councilman Graham AYES Councilmen Brown, Graham, Gurnee and Norris and Mayor Schwartz NOES None ABSENT None C -9 Memorandum from R A Paul, Water Department Director, staffing that for the past quarter, no projects had been submitted for the special projects priority list Councilman Norris_urged the City Council to'proceed with three City ' initiated contracts in order'to- proceed with the Resolution 2431 in order to attempt to alleviate as much of the Water Department deficien- cies as possible R D Miller, Adminisrrative Officer, objected to this proposal as he felt that the Council policy was to only proceed with projects submitted by developers and not projects initiated by the City He felT that in light of anticipated large expenditures in the next year for the Water Department, that these programs should be considered during the annual budget consideration City Council Minutes January 7, 1974 Page 14 Councilman Gurnee spoke in opposition of doing these water projects, as he felt the City Council should follow provisions of the established ordinance Mayor Schwartz stated that while he agreed philosophically with Council- man Norris' request to get at the water deficiencies within the City ' as rapidly as possible, he felt that the City Council should follow their existing policy and carry these suggested projects to the next fiscal year On motion of Councilman Gurnee, seconded by Councilman Graham that the memeorandum be received and filed Motion carried C -10 On motion of Councilman Brown, seconded by Councilman Norris that the City grant a Deed of Easement to the Housing Authority of the City of San Luis Obispo for drainage from the Housing Authority's new development on August St On motion of Councilman Brown, seconded by Councilman Norris, the following resolution was introduced RESOLUTION NO 2553, a resolution of the Council of the City of San Luis Obispo approving a deed of ease- ment to the Housing Authority for storm drain and utility line purposes and authorizing the Mayor to execute the same Passed and adopted on the following roll call vote AYES Councilman Graham, Gurnee, Brown and Norris, and Mayor Schwartz NOES None ABSENT None ' B -1 The City Clerk reported on bids received and opened Friday, January 4, 1974 at 10 00 A M for a Transit System for the City of San Luis Obispo SAN LUIS TRANSPORTATION, INC $ 70 cents Der mile D B A Yellow Cab Co 505 Higuera St San Luis Obispo, CA MELNI_BUS SERVICE $ 95 cents Der bus mile P 0 Box 838 Santa Barbara, CA 93102 CLELL W WHELCHEL $1 05 Der bus mile P 0 Box 1485 San Luis Obispo, CA 93406 METROPOLITAN TRANSIT SYSTEMS, INC $1 10 Der bus mile P 0 Box 1030 Phoenix, Arizona 85001 The-City Clerk continued -that by prior - Council Action, the.blds were forwarded to a subcommittee consisting-of Councilman Brown and ' Norris, Mass Transit Committee Members Jones and Rice, and staff members Miller, Romero and Fitzpatrick to analyze and make a recom- mendation to the City Council on which bid to accept B-2 The City Clerk then presented to the City Council a summary of bids received for Chemical Products for the City Sewer and Water Plants Bids opened January 3, 1974 at 1 00 P M The City Clerk reported that all but one bid were condition on the availability of products and to the passing on to the City of any increase in the cost of chemicals or freighT 19703 PRICE $74 25 /TON _: M _, Following bids received for furnishing GROUND in accordance with specifications in the call BIDDER QUANTITY ALUMINUM SULPHATE to the City of San Luis Obispo for bids Bids opened Thursday, January 3, )974 ai 1 00 P M FREIGHT RATE /TON PER TON TOTAL/TON TOTAL BID REMARKS } ALLIED CHEMICAL CORPORATION *F 0 B Nichols, CA 100 Pine Street 225T $ 68 25* $ 13 40 ** $ 81 65 $18,371 25 * *40M lb shipment San Francisco, CA 94111 12 20* ** 80 45 $18,101 25 * * *45M lb shipment rn COASTAL AG -CHEM o P 0 Box 775 225T $187 14 - - - -- $187 14 $42,106 �O (1) L) Paso Robles, CA 93446 T 4- J N C p - n�a 10 f0 McKESSON CHEMICAL P 0 Box 2647 225T $ 68 25 $15,356 25 (2) Fresno, CA 93726 VAN WATERS 8 ROGERS P 0 Box 2062 225T $ 68 25 $ 13 40 $ 81 65 $18,371 25 (3) Los Angeles, CA 90051 EXCEPTIONS TO CITY SPECIFICATIONS (1) Subject to availability All product cost increases will be passed on dollar for dollar, (2) F 0 B San Francisco, freight prepaid and added -to invoice, excepted conditions of City NO BID GUARANTEE 1 Prices shall be maximum F 0 B destination 2 Prices are to be firm and apply for the term of contract 3 Prices subject io change at time of shipment 4 Shipment subject to availability at time of shipment 5 Rejection of passing on reduction to City if price drops (3) Minimum delivery 20 tons Price and freight subject to adjustment on 30 days written notice 19703 PRICE $74 25 /TON _: M _, Following bids received for furnishing SODA ASH to the City of San Luis Obispo in accordance with specifications in the call for bids Bids opened Thursday, January 3, 1974 at 1 00 P M FREIGHT BIDDER QUANTITY RATE /TON PER TON TOTAL/TON TOTAL BID ALLIED CHEMICAL CORPORATION 100 Pine Street 135 T NO BID San Francisco, CA 94111 LOS ANGELES CHEMICAL CO 4545 Ardine Street 135 T NO BID South Gate, CA 90280 McKESSON CHEMICAL P 0 Box 2647 135 T NO BID Fresno, CA 93726 VAN WATERS & ROGERS P 0 Box 2062 135 T $77 20 Los Angeles, CA 90051 $19 00 $96 20 $12,987 00 EXCEPTIONS TO CITY SPECIFICATIONS CONDITIONS Deliveries of 11 tons only (22,000 Ibs ) Price & freight subject to adjustment on thirty days written notice 1973 PRICE $58 98 /TON It] REMARKS See below 'p � 0 M a — co � m c a O�lG 0 O c J n v 3 la — c m 0 0 C C �0\ U C h 0 U U L (a — o C rn - m m L) > a Following bids received for furnishing GLASSY PHOSPHATE (SODAPHOS) to the City of San Luis Obispo in accordance with specifications in the Eall for bids Bids opened Thursday, January 3, 1974 at 1 00 P M FREIGHT BIDDER QUANTITY RATE /TON PER TON TOTAL/TON TOTAL BID REMARKS ALLIED CHEMICAL CORPORATION 100 Pine Street San Francisco, CA 94111 NO BID COASTAL AG -CHEM P 0 Box 775 20 T $531 40 - -- $531 40 $10,628 00 (1) Paso Robles, CA 93446 McKESSON CHEMICAL P 0. Box 2647 20 T $330 00 - -- $330 00 $ 6,600 00 (2) Fresno, CA 93726 VAN WATERS 8 ROGERS P 0. Box 2062 20 T $373 00 $24 60 $397 60 $ 7,952 00 (3) Los Angeles, CA 90051 EXCEPTIONS TO CITY SPECIFICATIONS (1) Subject to availability Allocation is 1,000 Ibs per month (2) No bidder's guarantee -- bid on Soda Hexameta Phosphate in 100 pound bags Price subject to change at time of shipment Shipment subject to availability at time of order Minimum shipment five tons ExceptLons to Ci-ty bid conditions on price for duration of contract, on guarantee delivery and Company will not reduce price if cost is reduced (3) Five ton minimum delivery Price and freight is subject to adjustment on a thirty day written notice —I Ml 1973 PRICE $2,171 00 /TON Following bids received for furnishing SODIUM SILICO FLUORIDE to the City of San Luis Obispo in accordance with specifications in the call for bids Bids opened Thursday, January 3, 1974 at 1 00 P M FREIGHT BIDDER QUANTITY RATE /TON PER TON TOTAL /TON TOTAL BID REMARKS ALLIED CHEMICAL CORPORATION 100 Pine Streel NO BID San Francisco, CA 94111 COASTAL AG -CHEM P 0 Box 775 12 T $391 40 - -- $391 40 $4,696 80 (1) Paso Robles, CA 93446 McKESSON CHEMICAL P 0 Box 2647 12 T $270 00 - -- $270 00 $3,240 00 (2) Fresno, CA 93726 VAN WATERS 8 ROGERS P 0 Box 2062 12 T $243 00 $24 60 $267 60 $3,211 20 (3) Los Angeles, CA 90051 EXCEPTIONS TO BID SPECIFICATIONS (1) Product subject to availability (2) No bid guarantee Price subject to change at time of shipment Minimum shipment five tons (3) Five ton minimum shipment Price 8 freight subject to adjustment on thirty days written notice M, I= '= � n a m - to D -+ (o c m -- m 0 �c o c J r) ko � 3 A � c m Following bids received for furnishing LIQUID CHLORINE to the City of San Luis Obispo in accordance with specifications in the call for bids Bids opened Thursday, January 3, 1974 at 1 00 P M Q BIDDER QUANTITY RATE /TON FREIGHT PER TON TOTAL /TON TOTAL BID REMARKS C C ALLIED CHEMICAL CORPORATION — ° 100 Pine Street 100 T NO BID u San Francisco, CA 94111 c r O U Trn L - T m COASTAL AG -CHEM P 0 Box 775 100 T $167 90 - -- $167 90 $16,790 00 (1) Paso Robles, CA 93446 GEORGIA PACIFIC 2425 Malt Avenue 100 T $169 00 - -- $169 00 $16,900 00 (2) Commerce,CA 90040 LOS ANGELES CHEMICAL CO 4545 Ardine Street 100 T NO BID South Gate, CA 90280 McKESSON CHEMICAL CO. P 0 Box 2647 100 T NO BID EXCEPTIONS TO CITY SPECIFICATIONS Fresno, CA 93726 (1) Price subject to change upon quarterly revisions with 15 days notice prior to increase (Free VAN WATERS & ROGERS use of cylinders 90 days wil•h $30 00 per month P 0 Box 2062 100 T NO BID or fraction thereof thereafter ) Los Angeles, CA 90051 (2) Price subject to change on quarterly basis by giving the buyer notice in writing at least 15 days prior to stars of the quarter that the price 1973 PRICE $144 90 /TON is advanced (Free use of cylinders for 90 days with $30 00 per month or fraction thereof there- after ) Imo' IM City Council Minutes January 7, 1974 Page 20 On motion of Councilman Graham, seconded by Councilman Brown that the City Council accept the lowest bids based on product availability and price Motion carried B-3 The City Clerk reported that bids to supply Petroleum Products for the 1974 calendar year to the City were to be opened on Thursday, ; January 3, 1974, but that no bids had been received in the categories of regular gasoline, premium gasoline or motor oil The City Clerk stated that he had been in contact with the Union Oil Company who has — supplying petroleum products to The City for 1973 and that they planned on continuing to serve the City, except that the price would be the wholesale pump price less tax B -4 R D Miller, Administrative Officer, reported on a bid received for the Juvenile Officer's car, which could now�be purchased as the County had allocated the Federal Grant for purchase of this vehicle He stated that Callahan Dodge had submitted the second low bid at $3,484 00 and agreed to stick by it, whereas Stanley Motors would not honor its low bid in view of recent price increases The City Attorney had advised that the City could not pay Stanley Motors an amount greater than its bid price, that Stanley Motors had, in effect, withdrawn its bid On moTion of Mavor Schwartz, seconded by Councilman Graham that the bid of Callahan Dodge be accepted Motion carried City Council adjourned to executive session On motion of Councilman Graham, seconded by Councilman Gurnee, City ' Council meeting adjourned at 11 50 P M to 7 30 P M Monday, January 14, 1974 APPROVED March 4, 1974 H F 'TRICK, CITY CLERK 1 MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA Monday, January 14, 1974 - 7 30 P M. City Hall Pledge Roll Call _ - PRESENT Councilmen Graham,,Nor,ris Gurnee and Mayor ,,SchwaFtz ABSENT Councilman Brown CITY STAFF _ t, PRESENT J H Fitzpatrick, City Clerk, R D Miller, Administrative Officer, R A Paul, Water Department Director, D Romero, City Engineer, A _J Shaw, Jr , City Attorney ---- -- - - - - -- 7 -------------------------------------------------------- I The City Council held a discussion on potential sources of supplemental water for the City of San Luis Obispo Michael F Donnelly, representing Dames 8 Moore, Consulting Geologist to Penfield 8 Smith, Water Consultant, reviewed for the City Council their recently completed geologic and hydrologic studies in their reports 1) "Ground Water ", Chapter 4 of the Los Osos Valley - and Higuera area water system improvements, and 2) "Additional Ground Water Studies Los Osos Valley and Lower Higuera area water system improvements" Letter report prepared by Dames and Moore, August 20, 1973 The City Council discussed with Mike Donnelly after his presentation, the implications of a water and well investigation program by the City of San Luis,Obispo R A Paul, Director of Water Services, stated that available information did not indicate the existence of long term additional yields of water He felt that the cost of attempting to acquire the necessary information by drilling a well, did not seem Justified at this time He there- fore recommended that the City Council defer consideration of develop- ing ground water until its evaluation of participation in the County Master Water Plan had been completed i Upon question, Michael Donnelly stated that he estimated the cost of a 400 foot test well to be approximately $30,000 R A Paul noted that the improvements necessary to connect the well proposed by Michael Donnelly to the City system along Higuera Street at Los Osos Valley Road might cost $100,000 to $200,000 ' James Emmanuel, Engineer, representing John Carollo, Consulting Engineers, reviewed for the City Council, the present state of the art of reclamation of waste water from sanitary sewer systems for reclamation as drinking water. He reviewed the present waste water reclamation studies and plan being prepared by his firm for the City of Morro Bay and the Cayucos waste water treatment plant He sug- gested that the City of San Luis Obispo review the application of waste water reclamation as a supplemental water supply for the City He stated that not having any data on San Luis Obispo's waste water treatment facility, he could only present his experience as it City Council Minutes January 14, 1974 - Page 2 •1 related to the Morro Bay City project He estimated that the cost to the City for waste water at Morro Bay would be between $120 to $130 per acre R. A Paul, WaTer Department Director, submitted and reviewed for the City Council City Water Department Report No 1 -74, dated January 10,- 1974,- dontaining'-thb City's projbcted supplemental water needs through the year 2000 and a review of the County's Nacimiento project and the coastal branch of the State Water Plan He reviewed the present City's developed water supplies =and anticipated future needs for water as the City grew from this date through the year 2000 He continued that by reviewing sources of supplemental supplies available to the City I-) Nacimiento'Reservoir, and �2) Coastal Branch Aqueduct of the State Water Plan that the City could make an educated guess as to its best approach economically for future water needs He also reviewed for the City Council -, the cost to the City in implementing of eiTher' plan and also the advantages and disadvantages to each proposal I He then presented detailed cost projection which were prepared by City staff and reviewed by tFie•County Engineer's Office, of fhe two alternates when updated cohstrdction costs are extended for The period'of con- struction to operation The City Council discussed with the Water Director the implications of the cost' - figures in his report- R A Paul, indicated that the County would request that The City Council express its position on , City participation in the Nacimiento project during the next 2 to 4 weeks ' •a_ - _ •T 2. At the request of the City Engineer; the report of the City Clerk on bids received fro creek bank repairs, City Plan No 23 -74, bids open January 14, 1974, were continued to the regular meeting of January' 21 , 1974." 3 Mayor Schwartz brought to the Council's-attention, the matter of former Councilman Emmons Blake, continuing his work on the sister city 'program with The City of San Blas NayariV, Mexico It was-the unanimous opinoon of the City Councilmen present that Emmons Blake 'cohtinue as the City's-representative to the 15Ister`City of San Bias On'motion of Councilman Graham, seconded by Councilman Gurnee; the meeting adjourned -at 5 00 P M , Wednesday, January 16, 1974. Motion carried. �, . I ' APPROVED February'l9, =1974 J' Fitzpatrick, City Clerk . 1 MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA Wednesday, January 16, 1974 - 5 00 P M City Hall Pledge Roll Call PRESENT ABSENT Citv Staff Councilmen Brown, Graham, Gurnee, and Norris and Mayor Schwartz None PRESENT J H Fitzpatrick, City Clerk, R D Miller, Administrative Officer, A J Shaw, City Attorney, and Dave Williamson, Assistant Administrative Officer 1 The City Council adjourned to executive session 2 On motion of Councilman Graham, seconded by Councilman Brown, the meeting adjourned at 6 40 P M APPROVED May 20, 1974 j li H ATRICK, CITY CLERK 1 1 1 1 1 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA Monday, January 21, 1974 - 7 00 P.M City Hall Pledge Roll Call PRESENT ABSENT City Staff Councilmen John Brown, Myron Graham, T Keith Gurnee,and Jesse Norris, and Mayor Kenneth Schwartz None PRESENT J H Fitzpatrick, City Clerk, R D Miller, v Administrative Officer, A J Shaw, Jr , City Attorney, David Williamson, Assistant Administra , tive Officer, Jim Stockton, Park 8 Recreation Department, R A Paul, Water Department Director, E L Rodgers, Police Chief, D F Romero, City Engineer, L Schlobohm, Fire Chief, Pat Gerety, Associate Planner 1 The City Council 603 An ordinance of the Code to require review by grading activities within 20 feet of the top of the of building and grading p said review considered the final passage of ORDINANCE NO City of San Luis Obispo amending the Municipal the City of all proposed construction and certain flooded and flood -prone areas and within banks of certain waterways prior to the issuance armits therefor, and providing a procedure for Mayor Schwartz declared the public hearing open Charles Maino appeared before the City Council questioning the timing of the ordinance and the effect it would have on existing property-- Councilman Norris asked that the record show that this ordinance did not stop development but Just required a permit from the City for development in the areas covered Councilman Brown stated that he felt that this was a continuing study of flood hazards and would in time be released from City control as improve- ments were made Mayor Schwartz declared the public hearing closed On motion of Councilman Gurnee, seconded by Councilman Graham the ordinance was introduced for final passage Passed on the following roll call vote AYES Councilmen Brown, Graham, Gurnee and Norris and Mayor Schwartz NOES None ABSENT None 2 W A Sullivan requested permission to discuss with the City Council the possibility of a parking permit in the City parking lot behind Muzio's Groceries and Montgomery Ward's store W A Sullivan did not appear to speak on his behalf City Council Minutes January 21, 1974 Page 2 R D Miller, Administrative Officer, suggested that this matter be continued and discussed with Traffic Committee Report No 1 at the end of the agenda He also recommended for the Traffic Committee that the City Council not grant this permit request so that There could be a turnover in the downtown lots 3 The City Council continued their discussion of consideration of safety equipment for police officers A J Shaw, City Attorney, reviewed for the CITY Council the memorandum from the Administrative Officer, R D Miller, dated January 18, 1974 regarding the meeting of A J Shaw, R D Miller, and E L Rodgers with representatives of the Police Officers' Association and their attorney In the discussion it was agreed that the City would purchase the listed safety equipment for all new personnel from this time on, and that personnel would be required to use standard issue equipment The City would also offer to purchase used equipment from existing safety per- sonnel subject to the top dollar limit set forth in the Police Chief's memo and also based on the condition of the items The City also offered to buy new standard equipment for present safety personnel and they could do what they wished with equipment presently owned by them The City staff committee was unable to agree on the demand of the Police Officer's Association that the City provide cash reimbursement for equipment previously purchased by the officer, with The officers -to retain ownership of the equipment The Administrative Officer then recommended that The City accept the recommendation of the Police Chief including The offer to provide safery equipment of a standard classification to any safety personnel presently on the force E L Rodgers, Police Chief, presented a memorandum dated January 18, 1974 in which he and the Police Officer representatives had approved the following list of safety equipment and approximate costs 1 K -38 Smith 8 Wesson Model 15 revolver (combat Master Piece, 4 -inch barrel) $85 00 2 Holster (Hoyt Breakfront high rise) 20 95 3 Sam Brown belt (basket weave) 14 75 4 Handcuff case 6 90 5 Smith 8 Wesson handcuffs 18 25 6 Ammo pouch 6 95 7 Baton ring holder 1 10 8 Key nolder 2 95 9 Whistle (chrome) 1 50 10 Belt keepers 3 60 11 Ray -O -Vac flashlight (3 -cell) 3 77 12 Raincoat 8 Hat cover 25 95 _ Approximate cost of safety equipment to be purchased per man 191 67 Approximate cost of items on hand (name plate, helmet, face plate, baton, mace and mace holder) 70 00 TOTAL $261 67 His memorandum also contained the following recommendaTions 1 Equipment purchased by the City would be City property and would be turned in in the event the officer left the Department or retired 1 1 City Council Minutes January 21, 1974 Page 3 2 During their service with the City, officers would be responsible for keeping all issued equipment in good condition, considering normal wear and tear 3 Present officers could elect to continue to use their ' own equipment heretofore purchased by them if it conformed to departmental standards If they should decide to sell their equipment to the City and continue using it on the Job, they might do so with prices subject to approval by the Administrative Officer and Chief of Police, and also subject I o the top dollar limits for the respective items previously listed On the other hand, officers might have the option of switching to new City equipment and disposing of their equip- ment as they desired Memorandum from A J Shaw, January 17, 1974, in which he stated that at the January 7 meeting he had not been prepared to advise the Council as to whether or not safety personnel might have a legally enforceable claim against the City for reimbursement for safety equipment previously purchased by them He stated he had contacted other City officials concerning this problem, and stated it was not their opinion that they have to reimburse safety personnel for previously purchased equipment He continued that at a Labor Relations Institute sponsored by the League of California Cities he attended a session wherein the question of furnishing safety equipment to personnel was discussed He stated that no representative from any City, indicated they were reimbursing safety personnel On the contrary, all those who indicated that their cities had taken a position stated that their cities felt they had no duty to reimburse and they were not going to do so voluntarily Therefore, A J Shaw, City Attorney, advised the Council that it was his opinion that the City could successfully defend against any legal action seeking to requir=e the City to reimburse safety personnel for past purchases of safety equipment He wished the Council to be aware that he did not mean to imply by this opinion that the City could not work out an arrange- ment with the Officers to purchase safety equipment which they now owned if it met City standards He felt the City could successfully defend itself from any challenge to such a purchase program, especially if the purchase price substantially represented the present fair market value of the equipment He suggested that the Council's action at this time would be to adopt the list of safety equipment as prepared by the Police Chief and representa- tives of the Police Officer's Association and secondly, to provide all new and present officers with such equipment, and, offer to purchase existing safety equipment from police officers at which time it then became the property of 'the City after a mutual agreement of price Richard A Carsel, Attorney representing the Police Officer's Association thanked the City staff for recommending adoption of the list of safety equipment for all police officers and also thanked the staff for recom- mending that the City issue all police officers adequate safety equipment from the approved list He stated that as a representative for the Police Officer's Association there were still two issues unresolved ' 1 The matter of reimbursement for equipment already purchased by the police officers as required by the City regulaTions of the Police Department, and 2 The question of statute of limitations - how far the City must go back in such reimbursement He stated that he felt it was unfair and unequal to officers who had been on the force a number of years not to reimburse them for their safety equipment which they were required to purchase at Their own cost He felt that they spent good money and they were not getting the advantage that the new officers were getting of free issue of equipment He City Council Minutes January 21, 1974 Page 4 further felt that the statute of limitations brought into this matter by the City Attorney did not apply, as he knew of no court case in this area He felt that if the Council did not reimburse all officers for previously purchased equipment, he would take the City to court and force this purchase by the City Council Edward MarTin, Police Officer, stated that he too was in agreement with the list of safety equipment but felt that each officer had a personal pride in the hand gun he purchased and did not wish to give it up He felt the City should pay each officer the original cost of the gun and then allow the officer to "buy back" the gun from the City with service to the City say amortized over a five year period at which time the gun would again become the properry of the individual officer If the officer were to leave before the end of the five year period, he would be reimbursed one -fifth the value for each year of the unused amortization schedule Councilman Gurnee stated he felt the Police Officer's Association made sense and should be seriously considered by the City Council R D Miller, Administrative Officer, stated that he felt that if the City paid for any equipment with taxpayers funds then the equipment should become the property of the City and not allow some arrangement for ultimate private ownership of equipment purchased at public expense Edward Martin again stated the City should either buy the equipment at cost and reimburse each officer, or accept the Police Officer's Association offer to buy back the equipment with service at the end of a stated period of time Mayor Schwartz suggested that the Council action would be to 1) approve the safety equipment list as presented, 2) reimburse each officer for his equipmenT with City to retain ownership of the equipment, 3) to pay officers a minimum, and 4) allow the officers to buy back equipment on an amortization basis over a five year period He felt the question before the Council was Must the City buy equipment for new officers? 2 Must the City reimburse all other officers for equipment previously purchased? Councilman Brown stated he agreed with the adoption of the list of safety equipment and he was leaning towards buying all equipment for City ownership including the weapons Councilman Graham agreed with the adoption of the safety equipment list and also agreed with reimbursement on all safety equipment with owner- ship to pass to the City including firearms Councilman�Gurnee agreed with the adoption of the safety list as recom- mended He felt all officers should be reimbursed for equipment purchased with ownership to pass to the City and That the City staff be asked to continue negotiations on reimbursement or to consider the Police Officer's Association offer of the five -year, buy -back plan Councilman Norris also agreed with the adoption of the safety equipment list He agreed with provisions to issue new equipment to all police officers and was also in favor of the City purchasing existing equipment and issuing it to each officer He also agreed with purchasing the equipment at cost as shown on the standard list Mayor Schwartz stated Thai he agreed with the adoption of the safety equipment list, felt whatever policies adopted should be applicable to all officers, was in favor of purchasing the equipment from aff officers without consideration of the statute of limitations He felt the purchase should be based on the condition of the equipment at the time of purchase, 1 1 1 City Council Minutes January 21, 1974 Page 5 and recognized that police officers formerly were allowed to buy what- ever gun he wished and the City should buy it at historical cost without any additional cost to the City for modification of grips, sites, etc E L Rodgers, Police Chief, suggested that the City police should have a standard approved handgun which all personnel from the Chief on down would be required to provide himself On motion of Mayor Schwartz, seconded by Councilman Brown the following resolution was introduced RESOLUTION NO 2563 (1974 Series), a resolution of the Council of the City of San Luis Obispo approving and adopting a complete safety equipment list for Police officers, requiring all new officers to use equipment on said list, and requiring the City to provide said equipment for all new officers and all present officers who so desire Passed and adopted on the-following roll call vote AYES Councilmen Brown, Graham, Gurnee and Norris and Mayor Schwartz NOES None ABSENT None On motion of Mayor Schwartz, seconded by Councilman Gurnee that the City purchase from any present officer without regard to years of service, items of equupment no 3 and 12 based upon the condition of the equipment liberally construed to maximum amounts set in the Chief's list, plus purchase any weapon and its holster previously purchased ' by the police officer without regard to his tenure for the value of the weapon in its standard (no customizing) condition amortized as to its present condition Officers would have 90 days to submit their request for purchase by City Motion carried unanimously 4 Council consideration of the memo from Councilman T Keith Gurnee entitled Policy on Overburdened Facilities dated December 16, 1973 Councilman Gurnee stated that over a long period of time the City had followed a policy of permitting construction of new develop- ment which would obviously place additional overloads upon already overburdened City water, sewer, drainage, traffic and fire hydrant facilities, services administered by the City and resources necessary to sustain the population This policy in the past had brought serious consequences to the City due to a great degree by inadequate and over- burdened facilities (1) The Los Osos Valley ureter crisis and (2) the disastrous flood of 1973 He felt other similar problems of lesser magnitude continued to serve as reminders of facility overloads, for example the Hilton Hotel,the approval of which consciously placed an additional overload on an already overburdened sewer line He continued we were now facing an impending resource crunch with respect to water supply, water filtration capacity, and sewage treatment capacity that promised to be a most demanding and expensive problem in terms of money, time, and energy He felt it was the City Council's responsibility to ' foresee problems and plan their resolution in a swift and deliberate fashion well before a panic stage while the people of the City still had a choice in the future rather than have their future dictated by crisis He continued that while the City had committed themselves to a long - range, advance - planning program vital to the future direction of the community, he felt the City must also turn its attention to the present Instrumental to advanced - planning program vital to the future direction of the community, he felt the City must also turn its attention to the present Instrumental to advanced - planning strategy was a cohesive package of measures and policies that must effectively operate in the now and render current problems manageable in the future He felt it City Council Minutes January 21, 1974 Page 6 was necessary to enact effective working policies and procedures affecting the day -to -day development of the City so that the citizens could be assured that problems of overburdened facilities would not befall us in the future and render advance planning obsolete He presented a draft resolution as a method to deal with this problem The resolution would deal with facilities only; but such a policy could act as an increment of a larger policy package on growth and community development He briefed the resolution for the Council's consideration stating that over a period of time the C[Ty had followed a policy permitting construc- tion of new development which would place additional overloads on over- burdened facilities That such a policy was contrary to sound planning, created time - consuming and insoluble administrative difficulties, and had led to a counter productive policy of government by reaction to crises, which he felt was detrimental to the general health, safety, and welfare, and whereas potential developers of real property had a right to expecT that the City would assure that sufficient City facilities were available to permit reasonable development and plans for such properties rn accord- ance with exisTing zoning, and further, that the Council desired to implement a policy which would assure that the City would not approve or authorize further development which would not be served by adequate City facilities, and that the City would initiate timely action to assure adequate facilities to accommodate reasonable and authorized development He asked the Council to adopt the following policy 1 Effective immediately, the City would not issue any use permit or building permit for construction or development prior to certification by responsible City department heads that the proposed construction or development could be adequately accommodated witnout overloading, and within the design parameters of City sewer, water, drainage, traffic and fire hydrant facilities which already existed or which would be in existence prior to construction or prior to occupancy as required by the City 2 If any application for a use permit or building permiT were denied accordingly, the Planning Commission should request a complete report from each department head who was unable to certify to the adequacy of City facilities for the project Upon receipt of the reporT, the Planning Commission should hold one or more public hearings concerning City facilities needed to provide adequate service for the proposed development or construction, and the Commission should thereafter submit a report to the City Council recommending additional facilities, zoning changes, or other changes needed by the Commission to make zoning demands compatible with City facilities 3 Upon receipt of the report from the Planning Commission, the Council should at its next regular meeting consider the report and order such further study and action by responsible City officials as it deemed necessary for correction in all due haste of the lack of facilities, improper zoning, or such other deficiencies or inadequacies as the Council might determine Finally, he listed a number of exemptions such as those previously granted permITS, single family dwelling alterations, single family con- _ struction upon fully improved lots,construction of mobile homes within ' mobile home parks, and construction of public works other than buildings Councilman Brown stated that in regard with Councilman Gurnee's memo that it was common knowledge that the City drainage system was now in- adequate and would be inadequate for many, many, years to come and following the preamble to his resolution this would effectively stop all development in the City Councilman Gurnee agreed with Councilman Brown's statement and offered to delete the word drainage .from the proposed resolution City Council Minutes January 21, 1974 Page 7 Councilman Brown continued he felt Councilman Gurnee's proposal was too tight and did not feel it was adequate and would rather consider each proposal as it came along for consideration in light of condi- tions at that particular moment Councilman Graham felt that the City Council should follow the policy as presented Councilman Norris stated that he opposed and would continue to oppose the proposal of Councilman Gurnee as he felt it would hinder any development within the City of San Luis Obispo City Engineer D F Romero asked how this policy would affect existing sewer plant which would be inadequate to full development of the City's general plan, but adequate for present flows R A Paul, Water Department Director, felt that the resolution only formalizes what the City Council had been doing over the past few years Councilman Graham stated that he agreed with Paul's comments that this was basicly the policy followed by the City Council although it had not been formalized Dave Williamson, Assistant Administrative Officer discussed with Council- man Gurnee some possible administrative problems in the proposed policy on facilities A J Shaw, City Attorney, explained to the City Council the implication Of The word "certification" in the proposed resolution ' Mavor Schwartz declared the meeting open to the public Harold Fields, 1704 Oceanaire Drive, questioned the intent of the Gurnee resolution as no time limit for upgrading the overburdened facilities was established and without some time limit no intelligent developer could come into the City with proposals Fred Strong, representing 6 E B E S , was opposed to the intent of the Gurnee resolution due to its definite no- growth philosophy He felt that this approach to community life was wrong as the people were here, they were coming here to live and he felt the City Council should attempt to bring their public facilities in to order rather than postpone the issue He urged the City Council to consider a positive approach to development and not a no- growth or negative attitude Elizabeth Webre, 2964 Flora St , stated she was in support of the Gurnee proposal, felt the City Council should study the long range plan- ning and solve the lack of public facilities drainage in conjunction with a long -range study Mayor Schwartz closed the public part of the meeting D F Romero asked how traffic facilities could be certified for a new development when congestion was not where the new development was, but ' was in the central part of the City He felt that the proposal would be difficult to administer by the staff Councilman Gurnee again explained the purpose of the resolution on policy was to try and bring reality of City planning and upgrade City facilities He urged the City Council to adopt the policy for solving the problems of overburdened public facilities Mayor Schwartz reviewed for the City Council a memorandum put out by his office on October 1972 to the City staff asking for resource planning reports on facilities at that time City Council Minutes January 21, 1974 Page 8 R A Paul stated that his department had been inventorying all water related facilities for the City including water supply, filtration, capacity, conveyance equipment, etc and would be ready soon with a complete report for the City Council D F Romero, City Engineer, stated that his department presently study- ing and still continuing on the following Sewer plant and sewer lines - well along 2 Storm drainage system - survey completed, analysis barely started 3 Street program.- available now for Council consideration Pat Gerety, Associate Planner, spoke To the Council on land use inven- tory and the vacant land survey Dave Williamson, Assistant Administrative Officer, reported To the City Council on discussions in the zone 9 advisory committee dealing with drainage and flood control, stating that the Advisory Committee had already recommended a $60,000 study to the Board of Supervisors for the drainage basin, a $20,000 annual maintenance of creek program, etc Mayor Schwartz stated that Councilman Gurnee's proposal was in line with his request to the administrative departments in October, 1972 for an inventory of water, sewer, traffic, drainage, etc He felt he agreed with Councilman Gurnee's proposal to require each department head to signify that the City had potential to serve the development being proposed to the City He felt That Councilman Gurnee's proposal put the City on record on facilities of the City and there was a need for the resolution although he did suggest that the City staff and Councilman Gurnee review proposal for wording changes and bring it back for Council consideration Councilman Norris stated that he was opposed to any action'by the City Council that would limit the number of people who could live in San Luis Obispo He was opposed to any attempt to adopt a no- growth policy for the City He continued he felt it would be impossible for department heads to signify that the City streets could handle more traffic He felt that this was a backdoor approach to a no- growth policy He also felt that down - zoning as proposed by Councilman Gurnee was the taking of land from property owners without Just compensation He was opposed and urged the City Council not to adopt the policy as he felt it would hurt the citizens of San Luis Obispo Mayor Schwartz explained that if the City Council had adopted policy as suggested by Councilman Gurnee, there would never have been a need to place a building moratorium on twenty percent of the City's area Councilman Gurnee agreed that this proposal could be amended but he Just wished the City Council to go on record of adopting some policy so that people who wished to develop in the community would know where they stood On motion of Councilman Gurnee, seconded by Councilman Graham that the _ City staff prepare a resolution amending the Gurnee proposal to include I the deletion of 1 reference to traffic, and 2 to drainage, and clarity language in the "whereas" sections Motion carried on the following roll call vote City Council Minutes January 21, 1974 Page 9 a AYES Councilmen Brown, Graham and Gurnee and Mayor Schwartz NOES Councilman Norris ABSENT None 5 Communication from David Y Farmer, Attorney, representing Dan Oxford regarding acreage fees on the Southwood subdivision He stated that on January 31, 1973 the subdivision review board of the City prepared a memorandum to the Planning Commission which incorporated its recommendations on the Oxford development Within these recommenda- tions on the Oxford development was - - - - - one which called for the payment of $350 00 per gross acre as a water acreage fee A review of that file at the present time would indicate that subsequent to the preparation of the memorandum the figure $730 00 was inserted in place of the $350 00 figure Subsequent to the accept- ance by the Planning Oommission of the recommendations of the subdivision review board Mr Oxford deposited a requested amount with the City at the rate of $350 00 per gross acreage exclusive of the street area This was as requested in R A Paul's letter to Larry Meek of First American Title Insurance Company dated March 13, 1973 Therefore, he felt there were two problem -_areas involved with the water acreage fees in the Oxford annexation 1 The alteration of a government document to indicate that a recommendation was made which in fact was not made, 2 The attempt by the City to avoid the consequences of an agreement entered into between itself through R A Paul and ' Mr Oxford after all conditions to be performed by Mr Oxford had been performed On this basis Mr Farmer asked that the City Council reconsider the matter of these water acreage fees and go back to the original $350 00 per acre A J Shaw, City Attorney, presented for the City Council's information a chronological listing of the City's processing of the tentative map for tract 485 the Oxford subdivision and the City's adoption of increased water acreage fees, which showed that on March 5, 1973 water fees for tract 485 were paid at the rate of $350 00 per acre Also on the same date at the evening Council meeting the City Council adopted a resolution No 2428 increasing water acreage fees from $350 to $730 effective at once On April 3, 1973 the memorandum from the City Attorney to the Planning Director advising that at the time thereafter of final approval of the tentative map bjr the City Council, the conditions should be changed to state that the Developer would pay the acreage fee in effect at that later time, $730 April 16, 1973 the Council by resolution No 2454 gave notice of its r- intention to conside Mr - Oxford_s Southwood Annexation, on May 7, 1973 the City Council approved the tentative tract map with condition no 13 stating that "The developer shall pay water acreage fees in the amount ' of $730 00 per gross acre exclusive of street area ", and by the same motion of the City Council adopted resolution No 2463 approving the annexation of the tract to the City A J Shaw then submitted a memorandum from Ronald D Young, former Planning Director regarding water acreage fees for tract 485, which stated at the time the tract was considered by the subdivision review board a communication was received from Mr Paul, Water Department Director, in- dicating that the acreage fee would be $350 00 per acre Subsequent to review of the tract by the subdivision review board and the Planning Commission the Council passed a resolution increasing the water acreage fee to $730 00 per acre and we were advised by Mr Paul in his memo of April 3, 1973 that the conditions should be changed and that the developer would pay the acreage fee of $730 00 per acre at the time of approval of City Council Minutes January 21, 1974 Page 10 v the tentative map Therefore, the conditions of the subdivision review board and The Planning Commission minutes were modified To require the $730 00 per acre He concluded that the confusion would not have arisen if the planning staff could have supplemented the minutes of the subdivision review board and the Planning Commission with an addendum covering water acreage fees rather than changing of the minutes A J Shaw, City Attorney, explained that the City did not annex or approve the tentative map of Tract 485 until two months after the increase in the water acreage fees and that acreage fees applied only to property which had been annexed to The City He felt that the early payment by Oxford did not stop the City from coming back for additional funds and he felt Oxford could be required to pay the addi- tional funds Mr Farmer, Attorney for Mr Oxford, stated he felt that morally and etha-cally the City had a covenant with Mr Oxford through the various agencies of the City, subdivision review board, Planning Commission, etc also a written direction by a staff member and he felt that the City citizens should be allowed to rely on such an action Councilman Norris felt that the City should stick to the original commitment with the developer and accept the $350 00 per acre as has been previously paid On motion of Councilman Norris that the City Council accept the original $350 00 per acre fee for tract 495 Motion lost for lack of a second On motion of Councilman Brown, seconded by Councilman Gurnee accept the recommendation of the City Attorney that the City was not bound by the developer's early payment of $350 00 per acre as originally established and that the City could require the additional fees in accordance with , the resolution adopted March 5, 1973 Motion carried on the following roll call vote AYES Councilmen Brown, Graham, Gurnee, and Mayor Schwartz NOES Councilman Norris ABSENT None 6 David Williamson, Assistant Administrative Officer, stated that his report on staffing and relationship of City staff to consulting services was not quite ready and asked that it be continued for presenta- tion as soon as completed 7 The Council considered the impact of Assemblv Bill 2610, which would require cities to reimburse property owners if the fair market value of property decreased as a result of a zoning change On motion of Councilman Gurnee, seconded by Councilman Graham that a letter be sent to Assemblyman Nimmo and State Senator Grunsky and a telegram to the Chairman of the Committee before which this bill was being considered giving the City's opposition to its adoption and the reason therefor. I Motion carried 8 Memorandum from D F Romero, City Engineer, bringing to the Council's attention a cooperative agreement between the State of California and the City covering revisions and modifications to the traffic control system, highway lighting and channelization at the intersection of Santa Rosa and Foothill Blvd The cost sharing of the project was calculated according to normal state formula based on the number of legs at the intersection 0 City Council Minutes January 21, 1974 Page 11 D F Romero, City Engineer, stated that in May, 1973 he submitted a memorandum to the City Council using the Division of Highways estimate for the work at $36,000 with the City's share being $18,000 Since that time the -cost of signal work had sky- rocketed and the new cost estimate included within the agreement brought the City's share to $33,000 He stated he had verified this with staff at the Department of Transportation and this was a correct estimate He continued that most of the signal installation at this intersection was installed in _ 1954 with the present controller installed in 1959 when substantial modifications were made But the critical nature of this intersection and the ever increasing traffic loads he believed the City had no choice but to participate in the modification even at the increased cost, and suggested that the matter be considered favorably by the City Council He concluded that the plans for the work were substantial- ly completed and the work would be conducted during the coming summer if approved by the City Council The City Council discussed the need for this project and for the revisions of this traffic signal and also the extremely high cost to the City On motion of Councilman Norris, seconded by Councilman Brown the follow - ing resolution was introduced RESOLUTION NO 2547 (1974'Series), a resolution of the Council of the City of San Luis Obispo approving agreement with State of California for revision of existing traffic control signal system, safety lighting and channelization at the intersection of Foothill with State Highway Route 1 (Santa Rosa) Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, and Norris NOES Councilman Gurnee and Mayor Schwartz ABSENT None 9 D F Romero, City Engineer, asked the City Council for permission to purchase the State's share of the salvaged equipment of the existing signal standards, cabinet, and control equipment at the intersection of Foothill and Santa Rosa as this equipment could be used by the City at other intersections or it could be used as a spare in case of breakdown On motion of Councilman Norris, seconded by Councilman Brown the City Engineer was authorized to purchase the equipment at a cost of $250 Motion carried 10 Memorandum from D F Romero, City Engineer, requesting permission from the City Council to retain the consultant firm of Pomeroy, Johnson and Bailey in accordance with the City's application for permit to dis- charge waste water from the City sewer plant As a condition of a federally mandated report the City must prepare additional information regarding industrial discharge into the municipal system Thdre_ are approximately - 20 industrial discharges which would have to be sampled and analyzed to meet Federal requirements He estimates the cost to be approximately $1,750 for the requrred testing which must be completed by June, 1974 for ' submission to the State Water Quality Control Board On motion of Mayor Schwartz, seconded by Councilman Gurnee the City Engineer was authorized to enter into an agreement with Pomeroy, Johnson 8 Bailey 11 D F Romero, City Engineer, reviewed plans and specifications for the City Council for Police Facility Carport Extension, City Plan No 28 -74 at an estimated cost of $4,268 plus engineering design charges This matter was approved by the City Council in Capital Outlay Account No 4 City Council Minutes January 21, 1974 Page 12 Pat Geretv, Associate Planner, reported that the EnSironmental Impact Report was not required under existing City policy for this addition On motion of Councilman Gurnee, seconded by Councilman Graham the plans and specifications were approved and the bids were authorized to be called for Motion carried on the following roll call vote AYES Councilmen Brown, Graham and Gurnee and Mayor Schwartz NOES Councilman Norris ABSENT None 12 Communication from the Design Review Board_ recommending that the public restroom in Mission Plaza be repainted It was the opinion of the ORB that the restroom's current color did not blend with its sur- roundings in Mission Plaza The suggested colors would be to paint the restroom white with the exception of the center panel beti#een the two entrance doors to be painted a dark brown similar to the brown trim The white color would be similar to both the mission and the Murray Adobe and therefore given more continuity between the various buildings in the plaza The DRB recommends that this suggestion be implemented perhaps by utilizing the assistance of the Youth Corps during a summer program Recommendation approved on motion of Mayor Schwartz, seconded by Councilman Graham on the following roll call vote AYES Councilmen Brown, Graham, Gurnee and Norris and Mayor Schwartz NOES None ABSENT None 13 R D Miller, Administrative Officer, presented a memorandum to the City Council regarding the proposed restroom, press box, and concession stand complex at the Sinsheimer baseball stadium He slated that at budget time 1973 a preliminary figure of $32,000 for The facility was rounded off to $30,000 and placed under Revenue Sharing budget approved by the Council It now appears that with various suggestions for features To be included in the facility that the project would cost $80,000 This was for approximately 3,000 square fooT building including expensive items in connection with the concession stand, restrooms which would include vandal proofing The Council should also bear in mind that the school board had indicated its intention not to approve final plans on this unit until the master plan had been completed and there might be some delay on this because the soil engineer, Robert Williams, was currently unable to get his equipment into the area to tie down the swimming pool location James Stockton, Assistant Director of Parks 8 Recreation, presented schematic drawings and artist rendersngs of the press box, restroom, and concession stand at Sinsheimer Park Several members of the City Council fell that this particular building seemed�to -be quite elaborate and quite large for such an undertaking But as these were just preliminary draw- ings the staff was authorized to take these drawings to the Park 8 Recreation Commission and to the joint Recreational Committee on Use of School District Property for their recommendation and information 14 Memorandum from the Tree Committee regarding proposed changes to the make -up of the committee The Committee discussed the following alternates for Tree Committee make -up City Council Minutes January 21, 1974 Page 13 Alternate 1 Present make -up of Tree Committee as proposed; no change Alternate 2 Same make -up of Tree Committee with two types of members (1) staff members advisory- non - voting, and (2) Council members and lay people - voting members Alternate 3 Reduce the size of the Committee There were two alternatives suggested (1) Re- organization of Committee to have lay persons and remove tree authorities from the Committee, and (2) re- organization of the Committee to have only one Councilman represenTed These alternates were discussed because of the problem of a spit vote with only four voting members as in alternate number 2 above Alternate 4 Re- organization of the Committee to include only lay people and staff After a quite heated discussion by the Tree Committee this matter was re- ferred to the City Council for final determination and guidance Lane Wilson, Park Foreman, member of the Tree Committee stated that at the present time the City Councilman, Park 8 Recreation representative, lay member and staff were all votaing on the Committee The City Council discussed the make -up of the Traffic Committee and the Waterways Planning Board at which the City staff only acted as advisors with no voting privileges Councilman Brown stated that with the Waterways Planning Board, presently consisting of seven members, it was quite unwieldy to make a rapid de- cision He suggested that possibly this was the problem with the Tree Committee He suggested that the Committee could be made up of one Council member, one Park & Recreation Commission member, and one lay per- son, which would be voting members and the various members of the Park Commission, Engineering Office and Planning Department would only be advisory to the Committee Councilman Graham, member of the Tree Committee, stated that he wished to remain on the committee as he was quite interested in this particular area Councilman Norris, also a member of the Tree Committee, stated that he would be willing to step down in order to make the thing work if only one Councilman were to be on the committee On motion of Councilman Gurnee, seconded by Councilman Brown that the Tree Committee be reconstituted to consist of one Council member, Councilman Graham, one representative of the Park 8 Recreation Commission, and one lay person appointed with staff representation with no vote to come from the Park Department, Planning Department, and the Engineering Office Motion carried 15 The City Council considered a communication from Julian C Dixon, Assemblyman, requesting support by the City of San Luis Obispo of Assembly Bill 594, a bill dealing with environmental problems, and banning non- returnable or throw -away beverage containers City Council Minutes January 21, 1974 Page 14 Communication from the Environmental Center of San Luis Obispo County forwarding the gross income for the six month period in 1973 from their recycling center asking that the CITY Council support the ban on non- returnable containers so that this material could be recycled and reused On motion of Councilman Gurnee, seconded by Councilman Graham thaT the City Council go on record supporTing Assembly Bill 594, a bill dealing with environmental problems, and banning non - returnable or throw -away beverage conTainers Motion carried on the following roll call vote AYES Councilmen Brown, Graham, Gurnee and Norris and Mayor Schwartz NOES None ABSENT None B-1 Memorandum from Andrew D Jones, Chairman, Subcommittee to Review Bids for a Public Transportation System, recommending that the City Council accept the bid of Doyle Griffith to perform the bus service in accordance with advertised specifications Mr Jones stated that the City committee had reviewed the proposed operation with Mr Griffith and that the following items were discussed 1 Mr Griffith has a firm quote on an acceptable Type of vehicle, with a firm delivery date of 90 days from placement of order Bus size will be 17 passenger or larger 2 Mr Griffith's estimate was reviewed and determined to be reasonable and all - inclusive 3 Mr Griffith can furnish the required $70,000 performance bond, and $5000 labor bond without difficulty 4 Mr Griffith agreed with the following items concerning operation a Vehicles will be washed and vacuumed daily b Vehicles will be radio equipped c Vendor will cooperate in the collection of basic data d The initial base of operation will be at, the present Yellow Cab terminal, however, separate bookkeeping will be established for a bus system e Hub meters will be provided for accurate mileage measurements f Bus operation and payment by the City will be measured beginning and ending at the terminal After reviewing all aspects of the bid and conditions the above subcommittee respectfully recommended acceptance of the low bid submitted by Mr Doyle Griffith and award of contract to him On motion of Councilman Gurnee, seconded by Councilman Graham the follow- ing resolution was introduced RESOLUTION NO 2551 (1974 Series), a resolution of the Council of the CITY of San Luis Obispo accepting the bid of Doyle Griffith for the operation of a transit system for a one year period as part of a transit system feasibility study Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee and Norris and Mayor Schwartz NOES None ABSENT None i 1 City Council Minutes January 21, 1974 Page 15 B-IA Memorandum from Andrew D Jones, Chairman Mass Transporatation Committee, regarding coordination and supervision of operation of the San Luis Obispo bus system Assuming that the Council would award the contract for the proposed bus system at the January 21 Council meeting, the Committee offered the following recommendations for accomplishing the required coordination and supervision of the bus system I Mr Fitzpatrick's office would coordinate the accounting, daily fare collection, mileage and passenger number recording procedures 2 Mr Romero's office would coordinate operations with respect to location of bus stops, scheduling, route reviews, collection of passenger statistics by questionnaire, etc The Committee was of the considered opinion that the above suggested procedures would enable maximum benefit to be derived during The oper- ation of the system through application of sound accounting and audit- ing procedures by the City Clerk's office and through application of traffic and transportation engineering principles by the City Engineer's office to provide for a high level of service and smooth operation The Mass Transit Committee thanked the City Council for the opportunity to submit their recommendation On motion of Mayor Schwartz, seconded by Councilman Norris that the recommendation on coordinating and supervision of the San Luis Bus System be approved Motion carried on the following roll call vote AYES Councilman Brown, Graham, Gurnee and Norris and Mayor Schwartz NOES None ABSENT None B -2 The City Clerk reported on the following bids received for various City equipment, motor vehicles and contractors equipment Bids opened Friday, January 18, 1974 See exhibit "A" R D Miller, Administrative Officer, made the following recommendation on the bids received Item No 1 That Alternate 1 - the Chevrolet Suburban Wagon be accepted for $4,805 02 including tax less trade -in Item No 2 The low bid of Kimball Motors on Economy Pickup at $2,625 86 including sales tax less trade -in Item No 3 Recommend re- bidding since Lougee - Michael did not bid on the John Deere model that meets the specifications The City ' believes it could bid on a model that does meet the specifications at a cost several hundred dollars lower than the Wallace Machinery bid on a Ford model Therefore, they asked permission to re -bid this item Item No 4 The second low bid by Wallace Machinery on a caterpillar, four -wheel drive loader Cost slightly higher than the Lougee - Michael bid on a John Deere, but Wal.bace Machinery offered $15,500 on a repurchase option versus $10,200 from the Lougee - Michael Company Also, the caterpillar would be available for immediate delivery compared to 130 days for the John Deere, which would make a difference of more than $200 in sales tax since any item that was delivered after April 1, 1974 would be subject to a six percent rather than a five per- cent tax Total cost less trade -in, including sales tax is $17,750 00 City Council Minutes January 21, 1974 Page 16 On motion of Councilman Brown, seconded by Councilman Graham that the recommendation for purchase and for the re -bid of Item No 3 as recom- mended by the Administrative Officer be accepted Motion carried on the following roll call vote _ AYES Councilmen Brown, Graham, Gurnee and Norris, , and Mayor Schwartz NOES None ABSENT None B-3 City Clerk reported on the following bids received for CREEK BANK REPAIRS, City Plan No 23 -74 Bids opened January 44, 1974 at 3 00 P M Bids listed are for use of grouted stone BIDDER BID Engineer's Estimate $26,123 50 TED WATKINS Paso Robles $27,995 00 R BURKE CORP San Luis Obispo $30,427 00 ,r41 k San Luis Obispo $31,528 00 WALTER EROS San Luis Obispo $35,063 67 CAL - WESTERN RETAINING WALLS Fresno $37,753 00 C L BR00 KS San Bernardino $43,674 00 M J HERMRECK, INC Nipomo $49,577 00 MADONNA CONST CO San Luis Obispo $57,215 00 D F Romero, CiTv Enoineer, reviewed the bids for the City Council, the various alternates to the five basic projects He recommended that the low bid of Ted Watkins - $27,995 00 using grouted stone be accepted On motion of Mayor Schwartz, seconded by Councilman Norris that the low bid of Ted Watkins be accepted and the contract awarded Motion carried on the following roll call vote AYES Councilmen Brown, Graham and Norris, and Mayor Schwartz NOES Councilman Gunnee , ABSENT None C -1 Claims against the City of San Luis Obispo were authorized paid subject to approval by the Administrative Officer City Council Minutes January 21, 1974 Page 17 C -2 The following contract payment was approved Dennis Landscape Est N1 $14,526 23 Street Tree Planting City Plan No 18 -74 Santa Rosa 8 Foothill C -3 The City Council minutes of August 6, August 8, September 11, October 1, October 3, October 8, October 18, October 26, and November ld, 1973 were approved as corrected t C -4 Council consideration of maintenance agreement between Depart- ment of Transportation and City of San Luis Obispo for State Highways within the City limits On motion of Councilman Gurnee, seconded by Councilman Graham the follow - resolution was introduced RESOLUTION NO 2546 (1974 Series), a resolution of the Council of the City of San Luis Obispo approving agreement for maintenance of State Highways in the City Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee, Norris, and Mayor Schwartz NOES None ABSENT None C -5 The Mavor was authorized to execute an agreement for employ - ment, on a contract basis, of a social services coordinator for the Human Relations Commission C -6 Communication from Sinsheimer P T A Board regarding traffic problems at Sinsheimer School was referred to the Traffic Committee C -7 Memorandum from D F Romero, City Engineer, requested permis- sion to order an overhaul of existing cutter assembly ($4,400), and to order a spare lift assembly ($3,360) for sewage treatment plant without obtaining competitive bids He continued that no purpose would be served in placing the overhaul and the lift assembly out to bid, as there was only one firm that manufactured the units and the Los Angeles office would serve the account A J Shaw, City Attornev, stated that under the conditions as explained by the City Engineer, the City Council could find that it was an idle act to call for competitive bids for the equipment On motion of Councilman Gurnee, seconded by Councilman Norris, that based on testimony presented, the calling for competitive bids would be a useless act The Administrative Officer was authorized to purchase the necessary equipment Motion carried C -8 Council consideration of a resolution confirming the cost of work to correct creek obstructions aT 1041 -1043 Hiquera Street, Stanlev ' V Cole, owner On motion of Councilman Gurnee, seconded by Councilman Graham the follow- ing resolution was introduced RESOLUTION NO 2563, a resolution of the Council of the City of San Luis Obispo confirming the cost of work cor- recting creek obstructions, assessing a portion of said costs against the property owner, and providing three years for the payment thereof Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee and Norris, and Mayor Schwartz NOES None ABSENT None City Council Minutes January 21, 1974 Page 18 C -9 Council consideration of a resolution increasing the 1973 -74 budget (Account No 211 2 - Contractual Services) On motion of Councilman Gurnee, seconded by Councilman Graham the following resolution was introduced RESOLUTION NO 2548, a resolution increasing the 1973 -74 budget (Account No 211 2 City Engineer - Contractual Services) Passed and adopted on The following roll call vote AYES Councilmen Brown, Graham, Gurnee and Norris, and Mayor Schwartz NOES None ABSENT None C -10 Council consideration ofa resolution increasing the 1973 -74 budget (Account No 343, Water Transmission and Distribution Mains) On motion of Councilman Gurnee, seconded by Councilman Graham The following resolution was introduced RESOLUTION NO 2549, a resolution increasing the 1973 -74 budget (Account No 343, Water Transmission and Distribution Mains) Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee and Norris,—and Mayor Schwartz NOES None ABSENT None C -11 Communication from Don Krall requesting amendment to the Municipal Code to allow card rooms to be open 24 hours a day Charles Willis, former card room operator spoke in opposition to allowing card rooms to stay open 24 hours a day He also objected to present card room licenses limiting who can play in their card room He suggested that the City Council appoint a citizens commiTtee I o supervise card room operation On motion of Councilman Brown, seconded by Councilman Graham the matter was referred to the Police Department for report C -12 Communication from the Planning Commission regarding proposed amendment to the Zoning Ordinance to allow administrative and general offices, not including medical and professional offices, in heavy commercial and industrial zones was held over until the Planning Commis- sion completed the second hearing and reported to the City Council C -13 Communication from the Planning Commission regarding amendment to the Sign Ordinance allowing signs made of wood to be erected in Fire Zone I (Central Business District) was set for public hearing C -14 Memorandum from R A Paul, Water Department Director, regarding , Council authority to advertise for bids - Pioeline Materials - Cross Town Feeder, City Specifications No W73 -10 (Estimate $240,000, to be in- cluded in next year's budget R D M ) was approved and authorization given to call for bids C -15 Memo from R A Paul, Water Department Director, regarding Council authority to advertise for bids - Site Preparation - Edna Saddle Reservoir Site, City Specification No W73 -8 (Estimate $265,000, to be included in next year's budget R D M ) was approved and authorization given to call for bids City Council Minutes January 21, 1974 Page 19 C -16 Council consideration of Resolution No 73 -13 A resolution of the CoutTy of San Luis Obsipo approving Los Osos Road - Madonna Road Annexation to the City of San Luis Obsipo, (Firehouse site owned by the CiTy) was referred to the Planning Commission C -17 Memo from R A Paul, Water Department Director, regarding Progress Report, Ordinance No 568 (1972 Series) was ordered received and filed C -18 Summary of Public Works Department projects in design and construction projects was ordered received and filed C -19 Administrative Officer announced the appointment of Neal Alston as Maintenance Man II effective February 1, 1974 at Step 1 or $636 sub- ject to one year probationary period C -20 'Administrative Officer announced the appointment of Brian F La Dworth as Fireman effective January 16, 1974 at Step I or $772 subject to one year probationary period C -21 The following salary step increases were approved effective Feb- ruary 1, 1974 Michael C Alamo - Sr Recreation Leader From Step 1 or $712 to Step 2 or $750 Gail A Davis - Secretary From Step 1 or $568 to Step 2 or $600 Robert C Isenberg - Maintenance Man II ' From Step 3 or $712 to Step 4 or $750 Alan D Matthews - Police Officer From Step 2 or $860 to Step 3 or $910 Anthony R Oliveira - Maintenance'Man II From Step 2 or $670 to Step 3 or $712 David S Phillips - Maintenance Man II From Step 1 or $636 to Step 2 or $670 John P Quirk - Assistant Director of Water From Step 4 or $1,192 to Step 5 or $1,258 Malcolm W Stone - Police Officer From Step 2 or $860 to Step 3 or $910 C -22 On motion of Councilman Gurnee, seconded by Councilman Graham the following resolution was introduced RESOLUTION NO 2550 (1974 Series), a resolution increasing the 1973 -74 budget (Account No 400 15 Utility Tax - recycling Center) Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee and Norris and Mayor Schwartz NOES None ABSENT None C -23 R A Paul, Water Department Director, brought to the Council's attention that A B 2483 (Nimmo) regarding stockponds, was again active on the State Legislature's agenda, and further the bill had been further 41mberaIized to the disadvantage of the City and other holders of rights of record to Salinas River Water The new amendments include domestic and recreational use incidental to livestock use, and also roll back the dates to allow additional time to perfect right City Council Minutes January 21, 1974 Page 20 On motion of Councilman Gurnee, seconded by Councilman Brown the Water Director was authorized to contact Assemblyman Nimmo and the chairman of the commiTtee presenting the objections of the City Council to adoption of the bill Motion carried C -24 A J Shaw, City Attorney, again brought the matter of the building permit for the Woodbridge Feed and Sound Companv to construct a restaurant at 271 Woodbridge Street, and particularly in view of the comments by Attorney Gerald Shipsey that the City was in violation of _ State code, which required a city zoning ordinance to be made consistent with the General Plan by the City (Govt Code Section 65860) David Williamson, Asst Administrative Officer, stated he felt That the City Council should proceed under existing City ordinances and_grant a building permit because the pooposed project is in accordance with exist- ing zoning and the City's adopted policy for establishing consistency between the General Plan and zoning This policy is that all future zone changes are to be made consistent with the General Plan, however, the City is not going to rezone all properties which are inconsistent at this time This policy was adopted at a joint meeting between the City Council and Planning Commission held a few weeks ago during which The ramifications of Assembly Bill 1301, which requires compatibility between the General Plan and zoning, were discussed The matter was continued for further discussion to February 4, 1974 TC -1 74 -1 -1C Recommendation that monthly parking permits in down- town lots be raised from $4 and $6 to $6 and $9, effective April 1, 1974 On motion of Mayor Schwartz, seconded by Councilman Brown that the recommendation that monthly parking permits in downTown lots be raised to $6 and $9, effective April 1, 1974, be approved Motion carried on the following roll call vote AYES Councilmen Brown, Graham and Gurnee and Mayor Schwartz NOES Councilman Norris ABSENT None 72 -1 -2T Recommendation that stop signs along North Broad Street be re- evaluated at the end of May 1974 On motion of Councilman Graham, seconded by Councilman Brown that the recommendation for re- evaluation of the stop signs along North Broad Street at the end of May be approved Motion carried on the following roll call vote AYES Councilmen Brown, Graham, Gurnee and Norris, and Mayor Schwartz NOES None ABSENT None 74 -1 -3T Recommend that Engineering Department be authorized to negotiate for rights of way for street widening - South side South Street, Higuera to Beebee On motion of Councilman Graham, seconded by Councilman Brown that recommendation to negotiate for rights of way for street widening - South side South Street, Higuera to Beebee be approved Motion carried on the following roll call vote City Council Minutes January 21, 1974 Page 21, — AYES Councilmen Brown, Graham, Gurnee and Norris, and Mayor Schwartz NOES None ABSENT None 74 -1 -4T Recommend painting of bike lane east side of Los Osos Valley Road between Madonna and - Prefumo Canyon Road- 74-1-5T Recommend one 12- minute parking space in front of Saw Shop, 1177 Marsh St 74 -1 -6T Recommend red zone (four spaces) north side Murray east of Santa Rosa in front of Sierra Vista Hospital 74 -1 -7T Recommend stop signs on Leff at Morro and on Church at Morro 74 -1 -8T Recommend red zone (two spaces) South side Palm wesT of Osos 74 -1 -9T Recommend four 24- minute parking meter spaces at north end of Court Street in lot 6 On motion of Councilman Gurnee, seconded by Councilman Brown the following resolution was introduced RESOLUTION NO 2555 (1974 Series) a resolution restricting parking and establishing a bicycle lane on Los Osos Valley Road, establishing short term parking on Marsh Street, restricting parking on Murray Street, establishing stop signs on Leff and ' Church Streets, restricting parking on Palm Street, and establishing short term parking on Court StreeT Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee and Norris, and Mayor Schwartz NOES None ABSENT None The meeting adjourned to 7 30 P M , Monday, January 28, 1974 to consider amendments to the Open Space Element of the General Plan APPROVED March 4, 1974 OOOT H iZPATRICK, CITY CLERK 1 0 cv �rn Q U �- = C N 0 F O T O] U m T c 2 t C X — o W U � Following bids received for supplying motor vehicles and contractors equipment to the City of San Luis Obispo in accordance with advertised specifications Bids opened Friday, January 18, 1974 at 2 00 P M ITEM NO 1 ITEM NO 2 ITEM NO 3 ITEM NO 4 ITEM NO 5 Station Wagon Economy Pickup Front End Loader 4 Wheel Or Loader Rotary Mower BIDDER Fire Department Planning & Building Street Department Street Department Park Department See other side for deviations W Alt 1 Alt 2 KIMBALL MOTOR CO BID $4,719 07 $4,592 60 $2,740 10 NO BID NO BID NO BID SLO TRADE 150 00 150 00 225 00 NET $4,569 07 $4,442 60 $2,515 10 HYSEN - JOHNSON BID NO BID $2,770 00 NO BID NO BID NO BID SLO TRADE 125 00 NET $2,645 00 KOIVISTO EQUIPMENT CO BID NO BID NO BID $10,518 19 H 60 E H 50 C SANTA MARIA TRADE 1,800 00 $33,890 68 $27,556 84 NO BID NET $ 8,718 19 5,750 00 5,750 00 $28,140 68 $21,806 84 WALLACE MACHINERY BID NO BID NO BID $ 8,925 00 $25,000 00 NO BID SANTA MARIA TRADE 725 00 8,500 00 NET $ 8,200 00 $16,500 00 LOUGEE- MICHAEL BID NO BID NO BID $ 7,884 23 $22,674 00 NO BID OXNARD TRADE 1,750 00 6,500 00 NET $ 6,134 23 $16,174 00 See other side for deviations W EXHIBIT "A" (Continued) DEVIATIONS FROM SPECIFICATIONS KIMBALL MOTOR CO Item No 1, Alt 1 - Suburban #18 Chrome hubcaps in place of Wheel Covers #18 Bright Windshield molding not available Item No 1, Alt 2-- Beauville Sportvan #7 Rear Spring Capacity 2,100 Ibs #10 Panel delivery type rear doors, fixed rear alass #16 Clock, not available Item No 2 - Chevrolet LUV #6 Brake failure warning light not available #15 Tires with 40,000 mile guarantee not included #22 Ignition /steering lock with door buzzer not available #23 "Omaha" orange requires special paint Job, add $150 to bid price Standard color such as white without black fenders, deduct $25 Standard orange is available but darker than "Omaha" orange #24 Grill painted white HYSEN- JOHNSON FORD, INC Item No 2 1 Compact Truck 1973 - Model 1974 - Model, 2 Tires - no mileage guarantee on original by tire manufacturer 3 Steering wheel lock - None 4 Bumper - Chrome front only - rear bumper, 5 Colors available to us, are - white - tan Unit bid can be picked out of stock KOIVISTO EQUIPMENT INC not available at this time equipment Warrantee handled step type painted - red - blue or yellow Item No 3 Loader Model 1HC #2050A,_120 day delivery Tractor Model 1HC #2500 Se n es A Item No 4 Alt 1 - Model H60E, 120 day delivery Alt 2 - Model H50C, rigid frame, 120 day delivery price for repurchase, six month warrantee hour limit WALLACE MACHINERY Item No 3 Ford 3550 Tractor /Loader 90 day delivery No bid on guaranteed - parts and labor No Item No 4 Caterpillar Model 920 Wheel Loader Immediate delivery Guaranteed price for repurchase of equipment at end of four years or 3500 hours of operation, whichever comes first, $15,500 00 LOUGEE- MICHAEL EQUIPMENT Item No 3 John Deere 302 Utility Loader R 0 P S - two post R 0 P S - approved by OSHA and State of California 3" seat belt Delivery 90 days approximately Item No 4 John Deere 544B Loader Tires - 17 5 x 25 - 12 ply Delivery 130 days approximately Guaranteed price for repurchase of equipment at the end of four years or 3500 hours of operation, whichever comes first; $10,200 00 1 1 7 MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA Monday, January 28, 1974 - 7 30 P M City Hall Pledge Roll Call PRESENT Councilmen John C Brown, Myron J Graham, T Keith Gurnee, and Jesse Norris and Mayor Kenneth E Schwartz ABSENT None City Staff PRESENT R D Miller, Administrative Officer, A J Shaw,Jr , City Attorney, David Williamson, Assistant Adminis- trative Officer, William E Flory, Director Parks and Recreation, Pat Gerety, Associate Planner. 1 Before introducing the continued discussion of the Open Space Plan, Mayor Schwartz read a letter received during That day from Francis C Mueller pointing OUT that the operator of the Laguna Lake Golf Course was giving up his lease on March 1 and urging that the City take over the operation of the course He indicated that people inter- ested in such development should probably take it up first with The ' Park and Recreation Commission and that perhaps the recreation staff could investigate the economics of the facility in the meantime Arthur Shaw, City Attorney, said he had been contacted by Terry Spence, with the North American Employees' Credit Union, indicating that the golf course property was on the market and that he would be willing to supply information on the golf course operation Mayor Schwartz introduced the discussion on the Open Space Plan by complimenting Councilmen Gurnee and Norris on the work they had done in evaluating the plan He said it was-just too bad that the material had not been received earlier so that the Council could study it in detail At this time, the Mayor asked if Councilmen had conceptual comments on the plan Councilman Brown said he agreed with the proposed plan in general and felt it met the state's intent in mandating it Councilman Graham said he felt there should be an emohasis on agricultur- al preservation in the immediate outskirts of the City, and he was also vitally interested in historic preservation Councilman Gurnee said he felt the plan met the legal requirements He felt fhe quality of reading could be improved and indicated he would have further comments later on Councilman Norris said he was in favor of having such a plan. However, realistically speaking, he felt it would cost a fortune to implement He was in favor of referring it back to the Planning Commission for further refinement Mayor Schwartz said he felt the plan's general directions were all right, but he questioned the style used in writing it He asked the staff if it wouldn't be a good idea to make the format conform to that of the conservation plan, since these two elements were so compatible Mr Williamson and Mr Gerety agreed City Council Minutes January 28, 1974 Page 2 The Mayor then began a general - description of the various sections of the plan, including geographic features and asked if the map shouldn't be more complete Councilman Gurnee agreed in several respects The Council then Launched into a paragraph by paragraph dissection of the report Councilman Norris urged that a section be added similar to that advocated by C E B E S agreeing to uphold the Constitution and not take land without due compensation Upon question by the Mayor, Art Shaw said inclusion of such a statement would not detract from the report in his opinion, although the proposed wording merely reflected existing legal requirements Various Councilmen then added suggestions for additions, deletions, revisions, changes in emphasis, changes in format, etc Mayor Schwartz suggested that several copri,es of Councilman Gurnee's and Councilman Norris' comments be reproduced and made available in the library and City Clerk's office for public perusal After further discussion, it was agreed to continue discussion on the Open Space Plan until the second item on the study agenda for the second meeting in February, the first part of the meeting to be de- voted to water matters 2 The Council discussed a letrer from Valerie Endres, Chairperson of the Planning Commission, requesting that the CiTy purchase liability insurance to protect itself from possible claims brought against the CiTy as a result of commissioners and other members of the City family flying to conferences in privately owned aircraft Richard Miller, City Administrator, pointed out that the City was not now insured After , discussion, it was moved by Councilman Gurnee, seconded by Councilman Graham and carried that the City purchase liability insurance Tor approximately $200 a year and also look into the matter of securing insurance to protect the families of City officials in the event of mishap At this time, Mr Flory reported That Wilsev 8 Ham, consulTants for the Sinsheimer recreation complex, expected to have the masTer plan ready for inspection by February_ 8 Mr Flory asked if the Council would be willing to have a Joint study session with the school board on Monday, February 25 to discuss the plan and also possibly the final plans and specifications on the press box, concession stand and restroom facili- ties if they were ready The Council had no objection John Brown reported that the Board of Supervisors had placed a measure on the June 4 ballot to provide taxing authority for flood control zone No 9 By common consent Mr Miller was asked to serve on the county committee investigating better methods of handling the dog situation At 10 15 P M , Meeting adjourned to executive session In executive session, the Council discussed a matter which is involved in current litigation and adopted the following resolution on'motion of Councilman Brown, seconded by Councilman Norris RESOLUTION NO 2556, a resolution of the Council of the City of San Luis Obispo finding and determining that Police Officer Ronald L McKernon is disabled by an industrial injury Passed and adopted on the following roll call vote City Council Minu es January 28, 1974 Page 3 AYES Councilmen Gurnee, Graham, Brown and Norris and Mayor Schwartz NOES None ABSENT None On motion of Councilman Brown, seconded by Councilman Gurnee that the meeting adjourn Motion carried APPROVED February 19, 1974 LPATRICK, CITY CLERK I Pledge Roll Call MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA Monday, February 4, 1974 - 7 00 P M City Hall PRESENT Councilmen Brown, Graham, Gurnee and Norris, and Mayor Schwartz ABSENT None City Staff PRESENT J H Fitzpatrick, City Clerk, R D Miller, Administra- tive Officer, D Williamson, Assistant Administrative Officer, R A Paul, Water Dept Director, E Rodger, Police Chief, City Engineer Romero, Fire Chief Schlobohm, A J Shaw, City Attorney, W Flory, Director Parks b Recreation, Pat Gerety, Planning Dept 1 At this time, the City Council considered the adoption of proposed Ordinance No 604 prohibiting issuance of various development related permits prior to departmental certification that City facilities can accommodate additional use and providing for review and correction of deficiencies This matter was continued from the meeting of January 21, 1974 A J Shaw, City Attorney, stated that upon more study and since most permits or other entitlements for construction or development in the City are issued by the City under ordinance provisions he felt that any policy superseding such ordinances should be adopted by ordinance Therefore, rather than continue consideration of the resolution, he had prepared and drafted the proposed ordinance which incorporated the provisions of the resolution as proposed He continued that in the proposed ordinance he had been more specific in the area of defining responsibilities of each department head and further had added additional exemptions to section 6 of the proposal He concluded that he believed that the ordinance as written would establish a reasonable approach for the City in correcting obvious problem areas and stated that the City Council might add or delete sections without materially affecting its legality He then reviewed the proposed ordinance provisions which stated "Overburdening of City water, sewage, drainage, traffic, fire hydrant and park facilities was inimical to the public health, safety and welfare The Council desired to implement a policy which would assure that the City would approve or authorize only those developments which would be served by adequate City facilities, therefore, it was ordained by the Council of the City of San Luis Obispo as follows Section 1 No authorization or entitlement for new development or construction shall be approved or issued by the City prior to the filing of a written statement by each responsible City department head deter- mining that the proposed development or construction can be adequately accommodated without overloading and within the design perimeters of City facilities which already exist or which will be in existence prior to the construction or occupancy as follows 1 Public Works Director a) Sewage collection system City Council Minutes February 4, 1974 Page 2 b) Sewage treatment and disposal system c) Local street system to nearest point of safe access onto an arterial roadway d) Local drainage facilities under City control to the point of drainage jurisdiction by the flood control district 2 Water Department Director a) Water supply for both domestic and fire fighting purposes b) Water distribution system c) Water treatment plant 3 Fire Chief a) Fire hydrant facilities b) Equipment access to site 4 Director of Parks & Recreation a) Local parks b) Recreational facilities Said authorization or entitlements shall include without limitation ' building permits, use permits, subdivision and parcel maps, plan de- velopment, rezoning and annexations Section 2 If any application for construction, development or other City approval is denied pursuant to the provisions of Section 1 hereof, the Planning Commission shall request a complete report from each department head who was unable to make the required determination Said report shall include without limitation a detailed description of the inadequacy and recommendations for the correction thereof Section 3 Upon receipt of the report the Planning Commission shall hold one or more public hearings concerning City facilities needed to provide adequate service for the proposed development or construction and the Commission shall thereafter submit a report to the Council recommending additional facilities, zoning changes, or other changes deemed necessary by the Commission to make zoning demands compatible with City facilities Section 4 Upon receipt of the report from the Planning Commission, the Council shall at its next regular meeting consider the report and shall order such further meetings,consideration and action as the Council finds necessary to protect the public health, safety and wel- fare Every reasonable effort shall be made to expedite the Council's findings Section 5 The prohibitions herein shall not apply to 1 Construction authorized by a valid and unexpired building permit which was issued by the City on or before the date of the adoption of this ordinance 2 Construction or alteration or additions to existing single family residences City Council Minutes February 4, 1974 Page 3 3 Remodeling, repair or reconstruction which does not increase the occupancy load or change the intended use of a structure 4 Construction of single family residences upon fully improved lots and subdivisions which have Deen approved by the City prior to the adoption of this ordinance 5 Construction of mobile homes within mobile home parks or portions thereof which were fully developed and improved or within which the installation of improvements and utili- ties have actually commenced prior to adoption of this resolution 6 Construction of public works other than buildings 7 Construction which has been specifically approved by the City within the past 12 months after compliance with the procedures set forth herein,provided however,that the Director of Planning may extend the time limitations to 24 months if he finds a) that the protect is of such magnitude that the additional time is reasonably required and b) that the applicant has proceeded with reasonable diligence " D Williamson, Assistant Administrative Officer, explained that present ' City standards on drainage facilities which were to carry a 50 or 100 year storm where prior policy was on a 20 to 35 year storm, which meant that no one could certify that the storm drainage in the City would ever be adequate Councilman Norris felt that Section 1, paragraph le and Id, should be eliminated as impossible to administer or certify as adequate These were the two items dealing with local street systems and the local drainage facilities Councilman Gurnee felt that lc and Id should be retained as they were important items to the consideration of developments D F Romero, Director of Public Works, stated upon question that ne could certify adequacy of local streets, however, overburdening would seldom occur near the development He also pointed out that street capacity is far in excess of traffic volumes the residents would be willing to tolerate He continued that, based on criteria adopted after the 1973 flood, there are very few areas where any engineer could certify that the storm drainage system would meet the criteria adopted in 1973 Councilman Norris stated that in light of the engineer's comments, he felt that the adoption of this ordinance would stop all building permits and development within the City ' Glenna Deane Dovey, President of the League of Women Voters of San Luis Obispo, stated that the League of Women Voters had stated many times that they supported legislative measures for planned orderly growth and development and for the protection of land, water and air resources An objective under this position was that the availability and costs of service should be considered before approval of annexation or further subdivision The League of Women Voters also supported the organization and operation of and cooperation among all entities involved in planning, development and housing Based on this prior position by the League of Women Voters, they specifically endorsed the proposed ordinance which City Council Minutes February 4, 1974 Page 4 implemented a policy assuring that the City would approve or authorize only those developments which would be served by adequate City facilities Since some services were provided by entities other than the City, that is the County, Special and School Districts, the League of Women Voters requested that, as a complement to this ordinance, the Council consider the establishment of a policy of exchanging information with these other ' agencies Questions of importance might concern the effect resulting from additional educational facilities required by an increased number of school children in a residential development or some potential impact on county roads On behalf of the League of Women Voters, she commended the Council for the action on this ordinance which would supplement the orderly planning processes for the City of San Luis Obispo Donald Smith stated that the City needed this type of ordinance for proper development of the City and the community which would not only protect the person buying the property, but also a developer would know what to expect Harold Field, 1704 Oceanaire Or , felt the ordinance was needed for proper development of the City, but he felt along this line that the City should adopt criteria or standards to measure performances by He mentioned recognized standards of engineering, hydraulics, etc and said they should be adopted prior to the adoption of this ordinance because without standards, he felt that the ordinance was worthless Fred Strong, CEBES, opposed the adoption of the proposed ordinance without some method of paying for correcting the overburdened facilities He felt this should be done by General Obligation Bonds If not, he felt that developers and subdividers would be paying double for improvements or for extension of public facilities Art Wilson, Secretary- Manager San Luis Obispo County Building Contractors' , Association, stated that his organization was opposed to the ordinance as suggested as it appeared to be an inverted, negative and retrogressive approach to City affairs He continued that whenever we had a true emergency situation in some part of the City which required a sudden discontinuance of normal living and working, then the government had the right and the duty to declare the emergency to deal with it as quickly as possible and remove the emergency He felt that the proposed legis- lation, in effect, declared in advance that any and all construction projects with some minor exceptions, were a danger and a threat to the public health, safety and welfare The ordinance declared that all projects would remain in such negative and dangerous situation until proved otherwise He felt that this was a backward procedure and he did not feel that it should be adopted He concluded that the attempt to limit the growth of City simply for the purpose of keeping it to a predetermined size had been found to be unconstitutional He felt this ordinance, which considered almost every building project to be an emer- gency that must pass all sorts of subjective go or no go tests before even qualifying for normal consideration, appeared to be in the same category as the ill -fated Petaluma Ordinance, namely, unconstitutional Ted C Maino, General Contractor, stated that he was opposed to provisions of the proposed ordinance due particularly to the time involved in get- ting the permit for development He felt that honestly, there was no I department head who could certify to the conditions as established in the proposed ordinance Hal Boyle, Laborers Union, was opposed to the proposed ordinance and felt that the City staff and Council were to blame for allowing the City's physical plan to get into the sad shape that it was in, and he felt that the City of San Luis Obispo was in need of a real house cleaning to clean out both Council and staff Mayor Schwartz declared the public hearing closed City Council Minutes February 4, 1974 Page 5 Councilman Gurnee again reread paragraphs 3 and 4 of his memo dated 12/16/73 which stated that he hoped the City had learned the lesson that resources, facilities and the population they sustained must be kept in pace with each other He stated that they must foresee problems and plan the resolution in swift and deliberate fashion well before the ' panic stage, while the people still had a choice in the future of their City, rather than have that future dictated by crises While the City had committed themselves to a long -range advanced planning program so vital to future direction as a community, he felt that the City Council must also turn its attention to the present Instrumental to an advance planning strategy was a cohesive package of measures and policies that must effectively operate in the now and render current problems manage- able in the future Inaction on current policy might threaten the hoped for successes of advanced planning He stated that he was in support of the proposed ordinance Councilman Norris stated that he did not feel that this ordinance was required or was necessary and if all the Council wanted was information on facilities, then this ordinance was not needed Just have the Council develop the capital improvement program and make the necessary improve- ments as needed As far as this ordinance was concerned, he was dis- appointed that the street system and drainage were again put in the ordinance after the City Council had determined that it would be removed Finally, he felt the Council should adopt standards and criteria for development of the City This ordinance was not necessary and could be implemented in many other ways Councilman Brown stated that he was opposed to the provisions of the proposed ordinance, felt that the City had sufficient laws in the books ' to control development within the City He felt that this ordinance was too sweeping and felt the City Council needed flexibility to work with developers as they brought in the developments He also felt the City should adopt standards and avoid over - control by departments Councilman Graham felt that this type of ordinance was needed by the City in order to avoid the past crisis type of development He felt proposals would bring all knowledge on public facilities within the City and their conditions to both City officials and to the general public He was in general support of the proposed ordinance Mayor Schwartz reviewed sections 3, 4 and 5 of the proposed ordinance with a view to rewording for clarification of the conditions He con- tinued he felt this type of ordinance was needed in order that full exposure and disclosure of public facilities was made to all persons interested in developing within the City, now or in the future Without this full disclosure, individuals would be developing without full knowledge of the facilities and their effect on the City He felt that this ordinance was needed so that the Planning Commission and City Council could rely on hard facts from their paid staffs so that when approval of a project was made, everyone would know the status of the public facilities to serve the development He would agree with the leaving of street system and drainage facilities at this time or until new standards and criteria were developed ' Councilman Norris moved that the staff be instructed to prepare an informational system to implement the intention of the draft ordinance Lost for lack of a second Councilman Norms then moved that the staff be instructed to develop standards and criteria for public circulation and information prior to approval by the City Council of the ordinance and then consider the ordinance and criteria standards at the first meeting in March Motion lost for lack of a second Jerry Holland, Realtor, felt that if the ordinance were passed, he would City Council Minutes February 4, 1974 Page 6 be out of business He felt the City Council should first adopt standards and criteria before stopping development within the City The City Council then discussed amending the ordinance Section 1, lc- dealing with local street system, ld -local drainage facilities be dropped from the ordinance Section 2 to read as follows ' If any application for construction, development or other City approval is denied, pursuant to the provisions of Section 1 hereof, the department head who is unable to make the required determina- tion shall file a report with the Planning Commis- sion, said report to include without limitation a detailed description of the inadequacy and recom- mendations for correction thereof, and the report shall be filed with the Planning Commission within 5 days Section 3 amended to read as follows Upon receipt of the report, the Planning Commission shall hold one or more public hearings concerning the City facilities needed to provide adequate service for the proposed development or construc- tion and the Commission shall within 14 days thereafter submit a report to the Council recom- mending additional facilities, zoning changes or other changes deemed necessary by the Commission to make zoning demands compatible with City facilities After discussion by the Council of the various amendments, it was moved by Councilman Gurnee, seconded by Councilman Graham that the following ordinance was introduced and passed to print as amended and the staff be instructed to submit a list of standards and criteria for guidance in determining overburdened facilities by the City staff ORDINANCE NO 604 (1974 series) an ordinance of the City of San Luis Obispo adding provisions to the Municipal Code prohibiting approval of real property divisions, zoning changes, annexations, use permits, and building permits prior to departmental certification that city facilities can accommodate the increased burden resulting therefrom, and providing a mandatory procedure for planning commission and Council review and correction of deficiencies Passed to print on the following roll call vote AYES Councilmen Gurnee, Graham and Mayor Schwartz NOES Councilmen Brown and Norris ABSENT None City Council continued further discussion of this ordinance to March 4, 1974 so that criteria and standards can be publicized in the com- munity ' Councilman Brown stated that he was opposed to passing the ordinance to print without first adopting the standards and criteria 2 At this time, the City Council held a public hearing on the recommendation of the Planning Commission to amend the Municipal Code Section 8600 3, the construction, of signs to allow signs made of combustible materials to be erected in Fire Zone I The City Clerk read the amended section as recommended by the Planning Commission of the section construction of signs City Council Minutes February 4, 1974 Page 7 Mayor Schwartz declared the public hearing open No one appeared for or against the proposed amendment Mayor Schwartz declared the public hearing closed On motion of Councilman Norris, seconded by Councilman Graham, the following ordinance was introduced ORDINANCE NO 605 (1974 Series) An ordinance of the City of San Luis Obispo amending the municipal code to permit wooden signs in fire zone I Passed to print on the following roll call vote AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES None ABSENT None Councilman Norris left the meeting 4 Report from the Department of Finance on the request of the San Luis Transportation Company for an increase in taxicab ra The matter continued from the December 17, 1973 meeting The analysis was made with the financial reports and working papers submitted by the San Luis Transportation Cc and the basis for formulating the requested increase was a 14 day sample of taxicab trips against charges per trip The sample developed average charge per trip and average miles per trip The sample averages were then converted to monthly averages and proposed increases were converted to estimated monthly revenues The estimated monthly revenues were inserted into a performer monthly income statement with estimated expenses The result was an expected after -tax profit of $342 The estimated expenses were reviewed against the actual income statements submitted for the month of July thru November 1973 and were found to be reasonable The return on assets over investments was computed at 13% after exclusion of intangibles Upon examination of the data, it appeared reasonably accurate and it was recommended that the requested increases be approved However, a request for additional prospective $ 10 cents per flag drop should be tentative pending the results of actual operation The additional $ 10 cent increase would raise first 1/8 mile rates from a proposed $ 70 to $ 80 cents and result in addi- tional monthly revenues of $254 00 The additional revenues would be offset by expected increase in fuel and equipment costs Upon presenta- tion of future data indicating the need for additional revenue, a firm approval might be given Therefore, the Finance Dept recommended that the requested rate of $ 70 cents for the first 1/8 mile with the flag drop and an additional $ 10 cents per 1/8 mile be approved, with the waiting time to be increased to $7 50 per hour over the existing $6 00 per hour and no change in the extra passenger for the per passenger cost - Mayor Schwartz asked if anybody in the audience wished to speak on this proposed increase No one appeared for or against the proposed rate increase and on motion of Mayor Schwartz, seconded by Councilman Brown, the following resolu- tion was introduced RESOLUTION NO 2557 1973 Series), a resolution of the Council of the City of San Luis Obispo establishing taxi cab rates Passed and adopted on the following roll call vote City Council Minutes February 4, 1974 Page 8 AYES Councilmen Brown, Graham, Gurnee and Mayor Schwartz NOES None ABSENT Councilman Norris Councilman Norris returned to the meeting , 5 A lengthy report was received from the Department of Finance of the City of San Luis Obispo, updating for the Council's information, the conversion of the straight accounting system and the inclusion in the new system of the chart of accounts The City Council thanked the staff for their report and they were authorized to proceed 9 00 P M Mayor Schwartz declared a recess 9 10 P M the meeting reconvened with all Councilmen present 6 At this time the City Council considered some amendments to the Municipal Code Tree Regulations as presented by the Tree Committee, to define undeveloped parcel and to change the membership of the Tree Committee and to add new provisions concerning street tree plantings Lane Wilson, Park Foreman, presented the recommendation of the Tree Committee and the changes they wished made to the existing tree ordinance After presentation, the City Council discussed with Mr Wilson various proposed amendments to the tree ordinance The matter was referred back to staff for clarification of some of the wording as brought out by the City Council 7A Communication from Michael E McLarney requesting that the City Council consider amending or changing the Municipal Code Section 6240 19 dealing with cab driver's permits and past history of indivi- duals applying for such permits 7B Communication from Robert Beaty requesting the same informa- tion and appealing a denial by the Police Department of his application to be a cab driver A J Shaw, City Attorney, stated that after hearing the City Council, the matter should be referred to one of the Citizens Committees, such as the Human Relations Commission for consideration and study and recommendation of change to the Council if they felt a change was needed The conditions that these gentlemen were asking about were Section 6240 19 of the Municipal Code which states that no permit to drive a taxi cab shall be issued to any of the following persons a) Any person who has been convicted of a felony b) Any person who has been convicted of driving a vehicle recklessly or while under the influence of intoxicating liquors Robert Beaty appeared before the City Council asking that the City Council amend the Municipal Code to change cab drivers' permit forms for clarification of prior problems On motion of Councilman Gurnee, seconded by Councilman Graham, that the City Council ask the Human Relations Commission to look into the cab drivers' permit form as required by Section 6240 19 of the Municipal Code and also the Administrative Officer to look into cab driver application forms with reports from the Human Relations Commission by March 4, 1974 Motion carried City Council Minutes February 4, 1974 Page 9 8 Communication from Francis C Mueller stating that it was his understanding that the present operator of the Laguna Lake Golf Course was giving up the operation on March 1, 1974, and he requested that the City Council consider taking over the Golf Course for two reasons (1) to protect open space and (2) to allow the continued use of the Golf Course by residents of the City, particularly older residents who could not drive or could not afford to go to the public and private courses in the general area Mr Bob Schroeder, Cucaracha Ct , spoke in support of the City taking over the operation of the Golf Course The matter was referred to the Park & Recreation Commission for study and recom- mendation of action to the City Council 9 Communication from M D Sandborn and Mrs Peggy Spencer regarding cats and dogs was ordered received and filed 10 A memorandum from Mayor Schwartz regarding screening of Santa Rosa Overpass at Highway 101 He stated that his information from representatives of the Department of Transportation was that the screening was being placed for public safety to avoid people falling or dumping off the overpass to the Freeway below or throwing projectiles from the bridge to the street The Mayor felt that this project was unwarranted and unnecessary, at least at this time First and foremost was the hazard record He stated that the Department of Transportation only mentioned one official report in the entire District where a projectile had been thrown from the overpass onto the freeway The Mayor felt that there were other ways to design or prevent this type of vandalism He therefore asked that the City Council authorize a pedestrian count on Santa Rosa Street and authorize the staff to hire temporary help to make such a count He thought the counts on three days from sunrise to sunset would provide a good data base for the Council's determination On motion of Mayor Schwartz, seconded by Councilman Graham, that a traffic count be taken on Santa Rosa overcrossing and that extra help be authorized to conduct the count Motion carried Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Scnwartz 11 Memorandum from the Water Department Director, R A Paul, recommending that the City Council adopt a resolution revising Water Department fees for acreage, front footage and new water service connections R A Paul stated that during the first quarter of 1973, the City Council considered the fees the City was charging for water acreage, water frontage and new water service connections At that time the fees had not been previously revised for a period of time up to 15 years In order to increase fees to a level consistent with current cost the City Council adopted in March of 1973, increased charges for these three areas He therefore recommended that, based on current construction cost indexes and studies made by his depart- ment, the City Council consider revising the acreage charge from $730 per acre to $770 per acre and that the front footage distribution main charge be increased from $7 30 per front foot to $7 70 per front foot and that the charges for new services inside the City be increased proportionately in accordance with the cost indexes On motion of Councilman Gurnee, seconded by Councilman Graham, the following resolution was introduced RESOLUTION NO 2558, a resolution of the Council of the City of San Luis Obispo revising rate for new water service, acreage fees and front footage charges Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Scnwartz City Council Minutes February 4, 1974 Page 10 NOES None ABSENT None 12 City Engineer, D F Romero, presented plans and specifi- cations for WASTEWATER TREATMENT PLANT - BARMINUTOR INSTALLATION, City Plan No 30 -74 City Engineer explained what was going to be accomplished under this particular project and estimated the cost at $32,000 R D Miller, Administrative Officer, reported that $26,640 would be budgeted under account #8 Capital Outlay - sewer system improve- ments On motion of Councilman Graham,`seconded by Councilman Brown, the plans and specifications were approved and the Engineer was authorized to call for bids Motion carried All Ayes 13 City Engineer, D F Romero, presented plans and specifications for Los Osos Valle Road Flashing Si nals - 280 feet northerly of Prefumo Canyon Road and 20 feet southerly of Royal Way, S S #195, City Plan No 24 -74 The Engineer estimated the cost to be $3,000 of which the school district has agreed to pay one -half Money is available in Account No 9 Capital Outlay - traffic signals On Motion of Councilman Brown, seconded by Councilman Graham, the plans and specifications were approved and the City Engineer was authorized to call for bids Motion carried on the following roll call vote AYES Councilmen Brown, Graham, Norris and Mayor Schwartz NOES Councilman Gurnee ABSENT None 14 D F Romero, City Engineer, presented plans and specifica- tions for Santa Rosa Street Widen '2 - Montere to Higuera, West Side, City Plan No 25-7 , S S #194 Enneer's estimate of the project was $20,500 On motion of Councilman Graham, seconded by Councilman Brown, the plans and specifications were approved and the City Engineer was authorized to call for bids Motion carried 15 A J Shaw, City Attorney, presented Municipal Election Campaign Contributions and Ordinance which was continued from last fall ordinance varied considerably from ordinances to control campaign contributions and expends an essential prerequisite of an ordinance was for the City Council a Expenditures Control He stated that the adopted by other cities tures but he felt that that it be enforceable In order that the City might convince the courts of the City's reason- able attempts to deal with the "evils" involved, the City Attorney added a provision that the Council shall appoint a committee to study the working of this ordinance at the next General Municipal Election and to report its findings and recommendations to the Council This provision should serve to convince the courts that the City was seeking a balance between the rights of the individual and the rights of people in election campaigns and that the City intended to review the problems constantly until a fully workable solution could be found The City Attorney said that he was submitting this ordinance to the Council at this time as a matter of information and for direc- tion from the Council concerning the next step to be taken in the process of developing a final ordinance City Council Minutes February 4, 1974 Page 11 The City Council then began to review the proposed ordinance on a Section by Section, line by line basis, but the Mayor stated that due to the lateness of the hour, he did not feel that they could complete the project by the official deadline of 12 00 ' Councilman Norris stated that he wished the record to show that not only should money contributed or spent on a candidate be reported, but also any volunteer service or time spent, should be included and given a monetary value He also felt that everyone should be protected under the Federal Constitution He also objected to the filing of the names of solicitors' agents, Section 4504 Due to the time element, the Council discussed the best approach to allow citizens input to the development of the final ordinance The City Clerk suggested that one way of getting this information before all the people of the community was to take the draft ordinance, have it published in its entirety in the local newspaper several weeks before the hearing by the City Council, additionally have several hundred copies available at the Council Chamber the night of the hearing so that everyone would have the exact same document for consideration at a public hearing On motion of Mayor Schwartz, seconded by Councilman Gurnee, that the City Council accept the draft ordinance as submitted by the City Attorney, advertise the draft ordinance for public distribution and set April 22, 1974 for a public hearing on the ordinance Motion carried All Ayes C -1 Payment authorized for claims against the City of San Luis ' Obispo for the month of January, subject to approval by the Admtnis- trative Officer C -2 The City Council approved the following contract payments Walter Bros Const Co MADONNA ROAD CULVERT ENLARGEMENT C P N 23 -74 Est #6 $3969 07 C C 0 N1 $2132 40 Est N7 (Final) $4389 05 Walter Bros Const Cc PREFUMO CHANNEL MODIFICATION C P N 7 -74 Est N4 $ 526 57 C C 0 N1 $1845 00 Est N5 (Final) $4681 51 CONTRACT PAY ESTIMATE Mid -State Const Co Est #4 $13,605 06 SENIOR CITIZENS CENTER ADDITION C -3 Communication from John D Nettleship, Chairman, Advisory Committee on Joint Recreational Use of School District Property regarding request to lease two chemical toilets for use at Sinsheimer Park during the baseball season Request approved with understanding that Account No 400 2 Utility Tax contractual services might have to be replenished later C -4 On motion of Councilman Gurnee, seconded by Councilman Graham, the following resolution was introduced RESOLUTION 2559, a resolution of the Council of the City of San Luis Obispo appointing City clerk, City Council Minutes February 4, 1974 Page 12 J H Fitzpatrick as acting Treasurer, and authorizing Accountant - Operations Officer, Rudolph C Muravez, Jr , to sign checks on behalf of the City Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES None ABSENT None C -5 Request for authorization from the City to advertise sale of surplus City owned property on Laurel Lane adjacent to Fire House III Councilman Gurnee objected to the selling of this property as he felt that it first should be checked by the various departments of the City to see if there were any future use and he felt that there might be a use by the Library for expansion to a branch library If it were still surplus after review by these various departments, then he would have no objection to the City selling the property but he felt that it should be zoned to its highest and best use On motion of Mayor Schwartz, seconded by Councilman Gurnee, the matter was referred to the departments to see if the property was still con- sidered surplus to the City's needs Mayor Schwartz left the meeting C -6 On motion of Councilman Gurnee, seconded by Councilman ' Norris, that the City Council approved the request of Steven Ruegnitz, General Manager, KCPR -FM, Cal Poly, that the old San Luis Obispo Police Department radio tower would be given to the school with no charge, if it were approved by Cal Poly, as it served both a municipal purpose and a public purpose Motion carried on the following roll call vote AYES Councilmen Brown, Graham, Gurnee and Norris NOES None ABSENT Mayor Schwartz The Mayor returned to the meeting C -7 Request from Charles A Pratt Const Co for an extension of time for the Higuera Street and Los Osos Valley Road Extension, Street, Water, Sewer and Drainage Improvements, City Plan No 27 -73 for various reasons approved C -8 R D Miller, Administrative Officer, announced the appoint- ment of Sidney D Bartholow as Police Officer at Step 1 or $816, effective 2/1/74, subject to one year's probationary period Appointment acknowledged C-9 Communication from Public Utilities Commission regarding application of SWIFT AIRE LINES, INC for an Ex Parte Order to increase intrastate passenger fares was ordered received and filed C -10 Quitclaim Deed and agreement (Higuera Street Widening) from Chorro Lodge No 168, 1 0 0 F , a corporation, authorized Mayor to record and authorized staff to proceed with work based on the accepted agreement City Council Minutes February 4, 1974 Page 13 C -11 Claim against the City of San Luis Obispo by Reed E Sherman based upon wrongful discharge from his employ with the City of San Luis Obispo on January 1, 1973, denied and referred to insurance carrier C -12 Claim against the City of San Luis Obispo by Bradford J Caligari for damage done to his vehicle when hit by officer in pursuit of another car denied and referred to insurance carrier C -13 Communication from Larry D Kurmel, Administrator, Relocation Assistance Program, Dept of Housing and Community Development, forwarding the State Relocation Guidelines, under legislative mandate, these guidelines must be adopted with /without amendments) by local jurisdictions by March 7, 1974, referred to the City Attorney On motion of Councilman Gurnee, seconded by Councilman Graham on consent items not separately voted on AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES None ABSENT None B -1 The City Clerk reported on bids received for Waterway Obstruction Abatements, City Plan No 34 -74 Bids opened January 30, 1974, at 3 00 p m City Clerk, J H Fitzpatrick, reported to ' the City Council that they should reject the low bid of DeLackner Fires which was in violation of City bid specifications, in that neither the company nor any principal of the company possessed a State Contractor's License, nor did a call to the State Contractors' License Board show that any application was on file or being considered by the State of California Therefore, the low bid of Walter Bros was recommended to the City Council for adoption at $3,675 00 The Engineer's Estimate for the project was $4,050 00 and would come from Account No 7 Capital Outlay On motion of Councilman Gurnee, seconded by Councilman Graham, that the low bid of Walter Bros be accepted and that the bid of DeLackner Fires be rejected for non - compliance with bid specifications B -IA Protest from Van W Laurn for the removal of the tree to the rear of 514 -518 Higuera Street, Item No 5 on the bid summary was referred to the City Staff to clarify and either remove or not remove depending upon the property owner's intention TC -1 74 -2 -1C Recommendation that parking be prohibited from 8 00 a m to Om weekdays on west side of Augusta in front of two apartment houses while under construction On motion of Councilman Gurnee, seconded by Councilman Norris, the following resolution was introduced RESOLUTION NO 2560 1974 Series) a resolution of the Council of the City of San Luis Obispo establishing temporary parking restrictions on Augusta Street Passed and adopted on the following roll call vote AYES Councilmen Brown, Gurnee, Norris and Mayor Schwartz NOES Councilman Graham ABSENT None City Council Minutes February 4, 1974 Page 14 TC -2 74 -2 -2T Recommendation that two 36 minute parking spaces be authorized in front of Nearly New Furniture, 1301 Broad Street TC -3 74 -2 -3T Recommendation for one 36 minute parking space be authorized in front of Pink Poodle Salon, 222 High Street TC -4 74 -2 -4T Recommendation for two red parking spaces south side of Murray, east of Santa Rosa On motion of Councilman Gurnee, seconded by Councilman Graham, the following resolution was introduced RESOLUTION NO 2561 (1974 Series), a resolution of the Council of the City of San Luis Obispo establishing shorttime parking on Broad Street and on High Street, and restricting parking on Murray Street Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES None ABSENT None TC -5 74-2-5T Recommend centerline striping and turning pockets for Los Osos Valley Road between Madonna and Prefumo Canyon Roads and that Traffic Engineer be given blanket authority to make similar installations in the future, subject to certain conditions On motion of Councilman Gurnee, seconded by Councilman Graham, that the City Council set a public hearing to convert the west side of Los Osos Valley Road to no parking with a bike lane to be included Motion carried TC -5A 74 -2 -5AT Request of the City Engineer that he be authorized to place and maintain minor traffic control devices, channelization and lane striping, without prior specific Council approval On motion of Councilman Gurnee, seconded by Councilman Graham, the following ordinance was introduced and passed to print ORDINANCE NO 606 (1973 Series), an ordinance of the City of San Luis Obispo amending the municipal code to authorize the City Engineer to make certain lane and roadway markings and install traffic markers without prior council approval ' Passed to print on the following roll call vote AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES None ABSENT None TC -6 City Council Minutes February 4, 1974 Page 15 74 -2 -6T No action taken on recommendation against allowing right angle parking in Oceanaire Court cul de sac in violation of City Ordinance TC -7 74 -2 -7T No action taken on Council discussion of two -way (never intended as "two- way ") bicycle lane on the east side of Los Osos Valley Road and possible liability of the City if this is established R A Paul, Water De artment Director, reported to the City Council on Assembly Bill 2 3, stockponds introduced by Assemblyman Nimmo, which would blanket various stockponds in the Salinas River Basin without the necessary permits and hearings as required Mr Paul reported that the Bill was proceeding, had gone by public hearing and had passed the Assembly and now was before the Senate and urged the City Council to again take a strong stand objecting to this bill The City Council stated that they would pursue the objection of this Bill and to notify the Senate, and the staff was authorized to immediately contact the State Senator and inform him of the City Council's feeling City Clerk, J H Fitzpatrick, brought to the Council's attention proposed legislative action on the Soby Decision which was Decision in the 1972 California Court of Appeals where a city was held liable for compensation payments for payment of temporary and permanent disability to a fireman who sustained heart trouble fifteen months after the date of his retirement Since this landmark court decision, ' filings had been rushed into courts, including a 74 year old policeman who retired in 1952 and filed for compensation benefits for a heart attack suffered in 1973 The City Clerk stated that the State Compen- sation Insurance Fund was asking Council support to Assembly Bill 2119 which would close the loopholes opened by the Soby Decision There was no intention by the State Compensation Fund to stop anyone from a legitimate filing for a work related case, but not to come back years later On motion of Councilman Gurnee, seconded by Mayor Schwartz, that the City go on record wUpor Assembly Bill 2119 and so notify the City's representatives On motion of Councilman Brown, seconded by Councilman Graham, the meeting adjourned to 7 30 p m , Monday, February 11, 1974 APPROVED July 16, 1974 H iZPATRICK, CITY CLERK it MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA February 11, 1974 - 7 30 P M CITY HALL ' Pledge Roll Call Present Councilman Brown, Graham, Gurnee and Norris and Mayor Schwartz Absent None City Staff Present J H Fitzpatrick, City Clerk, R D Miller, Admini- strative Officer, A J Shaw, Jr , City Attorney, D Williamson, Assistant Administrative Officer, R A Paul, Water Department Director --------------------------------------------------------------------- I Mayor Schwartz announced that the purpose of the meeting was to formally respond to the Januray 21, 1974, request of the County Engineer that the City determine if it is interested in Joining with other local agencies in the Nacimiento Water Project Mayor Schwartz reviewed for the City Council a brief summary of the City's present water supply from Salinas Reservoir, and local sur- face water diversions He reviewed the present water reserves that the City had to sustain future growth The resources were apparently sufficient to support the needs of the City projected to the year 1984 He also discussed the future needs of the City for supplemental water to serve the needs of a growing city through to year 2000 He then reviewed the Master Water Plan of the County of San Luis Obispo, which envisioned developing supplemental water supplies from the Nacimiento River and the Coastal Branch Aqueduct of the State Water Project In reviewing the County Master Plan for water, he listed the needs of the various cities and communities of the county and using a county map, he explained the proposal of the County for development of both the Nacimiento source and the State water source He also reviewed for the City Council the present contractual arrangements that San Luis Obispo County had with the State and the involvement of Santa Barbara County for mutual development of the Coastal Aqueduct Branch of the California Water Plan Originally it had been intended that construction of the State's Aqueduct would start in late 1975 and be completed for both counties by 1980 Subsequently, the County Board of Supervisors of Santa Barbara County had asked that the State defer implementation of the water plan for a least two years Mayor Schwartz stated that the issues before the City Council this evening were ' (1) to go with the Nacimiento plan, a part of the County Water Plan, with a City allocation of 2,930 acre feet per year as suggested by the County Engineer's Office, (2) go with the Nacimiento Plan and ask for an additional allocation of water from the County to carry the City beyond the year 2000, (3) not go with the Nacimiento Plan as a contracting partner in anticipation of developing alternate sources of supply such as the State Water Project City Council Minutes February 11, 1974 Page 2 Mayor Schwartz noted that surplus of water from the Nacimiento Project might be available to the City as a condition to the use of the City's portion of Whale Rock Reservoir, or by lease from the other participating agencies The City Council discussed some of the details of the Mayor's presentation on the City's participation in some project to supply supplemental water to the City, either through the Nac,rmiento proposal or by the already adopted State water plan coastal aqueduct Mayor Schwartz opened the meeting to public participation Clinton Milne, deputy county engineer, appeared before the City Council and complimented Mayor Schwartz on his detailed knowledge of the County Master Water Plan He noted the proposal of the County Board of Supervisors to immediately take steps to implement The Nacimiento water supply portion of the County Plan He stated that the county and various agencies and cities in the county were moving ahead with this plan For example both the cities of Paso Robles and Morro Bay had endorsed the concept of the project and had indicated a willingness to participate The advisory group of Baywood Los Osos and the Board of Directors of Atascadero Water Mutual Company had also endorsed the project and had requested that their areas be included in the zone of the county flood control and water conservation district for project implementation Clinton Milne continued that because of the substantial lead time needed prior to initial water deliveries for a project of this magnitude, it was the county's aim to request voter approval for issuance of bonds at the General Election to be held in November 1974, and he reminded the Council that in order to meet the schedule, any agency wishing to be included, must formally express an interest o be included in the project by February 15, 1974 March, April and May of 1974, the County Board of Supervisors would form a zone of the county flood control and water conservation district to handle the Nacimiento water supply June 1974, the Supervisors would approve the ballot measure that would be submitted to the voters and November 5, 1974 would be the General Election for voter approval or rejection After voter approval of the bond financing, negotiations for firm water contracts for agencies in the zone must be completed These contracts would become effective only when signed by a number of agencies to insure a feasible project Until such contracts were executed, no obligation would be incurred by the participating agencies He therefore asked the City Council to make the following decision (1) endorse the concept of the project and (2) request the County Board of Super- visors to form a zone of the county flood control and water con- servation district „which would include the City of San Luis Obispo Wally Burt, County Engineer's office, reviewed the City's projected population and water need to the year 1995 He felt that the estimated cost of water from the present project figures from Nacimiento would be $63 per acre foot, estimated cost at the Whale Rock Reservoir less the $18 per acre foot they estimated for Whale Rock storage, which would be a cost of $45 to the City of San Luis Obispo less the pumping cost from the Reservoir to the City, which he then estimated at $15 per acre foot, making an estimated total cost of $60 per acre foot to the City of San Luis Obispo Therefore, he felt that 3,000 acre foot per year of water from Nacimiento would cost the City of San Luis Obispo $180,000 per year, but 3,000 acre foot of water from the State project would cost $480,000 per year, including the Nacimiento entitlement He felt that his brief analysis of comparative costs should tip the cost to Nacimiento which would be cheaper than State water City Council Minutes February II, 1974 Page 3 R A Paul, Water Department Director, noted that his office had worked closely with the County Engineer's Office in review of the very limited cost data that was presently available He believed that all parties involved recognized that present cost estimates might be subject to extensive future modification, but that the ' present available cost information can provide a valid comparison of costs between alternate projects such as the Nacimiento Project and the State Coastal Aqueduct Branch R A Paul continued that, although he had not been given an oppor- tunity to review Mr Burt's cost figures prior to the Council meet- ing, he believed the methods used in determining the costs were erroneous and could therefore result in an incorrect conclusion - particularly in comparing the Nacimiento Project with the State Coastal Aqueduct Branch In comparing the county's Nacimiento Project costs with the State's Coastal Aqueduct Branch costs, R A Paul noted that A The county unit cost figures were based upon the annual average unit cost of water, whereas the State unit cost figures were based upon the equivalent annual unit cost Comparing the unit costs of the two projects by using the dissimilar methods of calculations results in an erroneous apparent economic advantage for the Nacimiento Project B The county construction estimates were based upon mid -1973 construction costs, whereas the State's unit cost figures were based upon a projection of expected costs during the actual con- ' struction period Comparing the costs of the two projects without considering the effect of construction cost escalation for the Nacimiento project results in an erroneous apparent economic advan- tage for the Nacimiento Project C Mr Burt's cost figures included an estimate of the value of storage that the City would realize by use of the Whale Rock facility But, in order to provide a comparable basis for evaluation, this effect must also be included in the evaluation of the State Project costs R. A Paul continued that the unit costs of supplemental water, as developed in City Water Department Report No 1 -74, indicate the following ranking of project alternates based upon cost considerations Ranking Project Estimated Cost per Acre Foot I State's Coastal Aqueduct, $ 95 00 Joint Project with Santa Barbara County 2 County's Nacimiento Pro- $116 00 ject, deliveries through existing facilities 3 State's Coastal Aqueduct $146 00 individual project 4 County's Nacimiento Pro- $166 00 ject, additional deliver- ies through new facilities City Council Minutes February 11, 1974 Page 4 These costs had been submitted to the County Engineer's Office more than a month prior to the City Council meeting, and apparently had the concurrence of the County staff until Mr Burt's presen- tation R A Paul stated that, based upon presently available information, it was his opinion that both the short and long range costs to the City for supplemental water supplies could be more economically met by the State's Coastal Aqueduct than by the Na- cimiento Project 9 20 P M Mayor Schwartz called a recess 9 35 P M meeting reconvened, all Councilmen present Bill Broadbent, representing CEBES, reviewed some of the details of cost presented by the County Engineer Art Wilson,:Secretary Manager of the San Luis Obispo County Build- ing Contractors' Association, stated that the Board of Directors of the Association urged the City Council to accept the invitation of the San Luis Obispo County Board of Supervisors to join..the Lake Nacimiento water project and to receive when available an allotment of water from that source The almost unanimous desire of the large contractor membership was to have the City of San Luis Obispo participate in the Lake Nacimiento project in order to assure an adequate source of water at the earliest possible date The Board felt that this was a safe and sensible decision to sustain the economy and to protect the jobs of many hundreds of individuals in the building industry in San Luis Obispo Also, the Building Contractors' Association Board of Directors felt that this action did not close the door to future possible acquisition from the California State water sources Mayor Schwartz questioned Art Wilson as to his awareness of the effect of the Nacimiento Project upon possible future curtailment of the State's Project and the resultant limit upon City growth that could result Fred Strong, Manager CEBES, asked the City Council to look into all facets of water supply before commiting themselves to any water supply option either the Nacimiento or the State water supply He felt that in the future the county plan would shift from Na- cimiento to the State plan, which would allow agricultural developers to buy Nacimiento water while the cities and other urban areas could use State plan for municipal and industrial uses He hoped that the Council would look to helping the area around the City to get water in view of the City's intention to keep the agricultural land as-open space on the conservation element in accordance with the City plans Steve Patterson, member of the City Planning Commission, asked for clarification of details for implementation of the State water plan to serve San Luis Obispo County Mayor Schwartz again reviewed the State water plan and the timing ' for its implementation Donald Smith urged the City Council not to make a decision on such an important item under pressure which would effect all the ci- tizens of the county and of the City for many years to come Nick Musick, Cal Poly student, urged the City Council to consider using reclaimed water from the sewer plant for domestic purposes There being no further comments in the audience, Mayor Schwartz closed the public portion of the meeting and restricted further discussion to the City Council and staff City Council Minutes February II, 1974 Page 5 Councilman Gurnee stated that he was opposed to the Nacimiento plan due to the fact that all contractors would not run out of water at the same time He felt that all contractors should have pro- portional allocations so that all would run out at the same time and that other supplemental sources could be located for implemen- tation He also understood that at this time no environmental impact report had been submitted for the effect the Nacimiento would have on the county He also felt the project costs had not been carefully prepared He also felt the oounty was asking for a blank check from the voters for this plan Further, the Whale Rock Dam and project had not been included in the cost of the project He also felt that it was unfair for some contractors to pay less for water than other partners He felt that the project is being sold in too much of a hurry without adequate information He suggested that the county be asked to contnnue this decision until all the facts were in and all costs and allocations of water had been contracted for He also felt that the plan should be rejected due to its growth inducing potential Councilman Norris stated that he felt the City of San Luis Obispo should try and go ahead with Santa Barbara County and develop the State plan which was best for all of San Luis Obispo County But he felt that upon testimony presented to this date, that this was impractical due to North County cities and the coast wishing to proceed with the Nacimiento project On this basis, he felt the best route for the City of San Luis Obispo would be to endorse the Nacimiento project, if some type of fairer allocation of costs could be made for delivery to each contractor He concluded that the Nacimiento project was the only viable project available to the City at this time, and that the City of San Luis Obispo should move ahead and he would endorse the Nacimiento project as proposed ' Councilman Brown stated that he felt the greatest benefit of the Nacimiento plan would be to the North County cities and Morro Bay He felt that the best interests of the City of San Luis Obispo lay in the State water plan which was cheapeF and more reliable and it was something that the County could grow into Councilman Graham stated that he was in support of the State water plan and felt we should support the State plan with Santa Barbara County as he felt this was a more reliable and predictable source of water for the City of San Luis Obispo Mayor Schwartz felt that the City of San Luis Obispo could acquire a temporary allocation for Nacimiento project surplus water as a condition to the use of the Whale Rock project excess storage He felt this might be fair to help the county plan until other contractors needed the water, and this would take care of the City of San Luis Obispo through the critical period until the State water plan could be implemented He felt that the City of San Luis Obispo would be making a mistake in going with the county Nacimiento plan He also felt that the county allocation of costs to each contractor was unfair, as the City of San Luis Obispo would apparently be paying the highest cost and would be subsi- dizing cities such as Paso Robles, Atascadero, Templeton, Morro ' Bay and the Bay -Osos area He felt that our best supply was from the State plan and that San Luis Obispo should cooperate with agricultural interests surrounding the City and in the South County areas and go along with Santa Barbara and implement the State plan M City Council Minutes February II, 1974 Page 6 On motion of Councilman Gurnee, seconded by Councilman Graham that the City Council of the City of San Luis Obispo notify the county Board of Supervisors that the City of San Luis Obispo did not wish to be included in the proposed zone for implementation of the Nacimiento Project and that therefore its participation would be limited to cooperating in the use of the Whale Rock Project storage and perhaps contracting for the temporary use of Nacimiento Project surplus waters Motion carried on the following roll call vote AYES Councilmen Gurnee, Graham and Brown, and Mayor Schwartz NOES Councilman Norris ABSENT None 2 Continued discussion of the Open Space Element of the General Plan was again continued to the Regular Meeting of February 19, 1974 3 City Clerk reported on the following bids received for supplying equipment to the City of San Luis Obispo in accordance with advertised specifications Bids opened Thursday, February 7, 1974 at 10 00 A M SEQUOIA MACHINERY P 0 Box 271 Fresno, CA ITEM NO I Front End Loader Street Department ITEM NO 2 Rotary Mower Park Department • : • LOUGEE- MICHAEL $ 8,700 00 $3,586 00 427 W Betteravie Rd 1,500 00 LESS 82 00* Santa Maria, CA $ 7,200 00 NET $4,668 00 *To be added for options required in specifications INTERNATIONAL HARVESTOR CO $ 7,843 00 $4,910 00 P 0 Box 3447 1,243 00 LESS Anaheim, CA $ 6,600 00 NET WALLACE MACHINERY $10,550 00 NO BID P 0 Box 1220 750 00 LESS Santa Maria, CA $ 9,800 00 NET KOIVISTO EQUIPMENT, INC $10,518 19 NO BID P 0 Box 1370 1,800 00 LESS Santa Maria, CA $ 8,718 19 NET RYAN EQUIPMENT CO $10,160 00 NO BID 665 W Betteravia Rd 1,300 00 LESS Santa Maria, CA $ 8,860 00 NET DEVIATIONS FROM SPECIFICATIONS LOUGEE- MICHAEL Item No I - John Deere 302 A Loader - Delivery approximately 45 days Item No 2 - Woods Model D315 - 15 foot batwing rotary mower - Deltvery approximately 60 days 1 1 City Council Minutes February II, 1974 Page 7 INTERNATIONAL HARVESTOR CO Item No I - Engine 46 net horsepower Power Take -off 540 r p m at 2100 engine r p m Loader 3000 lb lift capacity Delivery On or before March I, 1974 Item No 2 - Delivery 60 - 90 days A R 0 WALLACE MACHINERY Delivery 190 days KOIVISTO EQUIPMENT, INC Item No I - IHC Model 2500 Series A, w/2050 A Loader - Delivery 120 days AR0 RYAN EQUIPMENT CO Item No I - Case 580 - B, 4 -speed forward - Delivery 60 - 90 days R D Miller, Administrative Officer, reported to the City Council that the low bidder, International Harvestor Co , did not meet specifications in horsepower, power take -off requirements and /or lifting capacity Therefore, he recommended that the second bidder, Lougee - Michael Equipment Co , for a John Deere Loader be accepted He recommended that the low bid of Lougee - Michael on the rotary mower for the Park Department be accepted On motion of Councilman Graham, seconded by Councilman Gurnee that the low bid which met the specifications of Lougee - Michael on the loader be accepted and also the low bid on the rotary mower be accepted Motion carried R D Miller, Administrative Officer, brought to the Council's attention a request for permission to call for bids to be opened on February 25, 1974, to supply safety equipment in accordance with specifications for the City Police Department including weapons, belts, hand - cuffs, etc On motion of Councilman Norris, seconded by Councilman Brown the request of the administrative officer was accepted, bids were authorized, and call for bids was approved Motion carried There being no further business to come before the Council, Mayor Schwartz declared the meeting adjourned APPROVED May 20, 1974 ' .�-s� tzpatn ck, City Clerk MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA February 19, 1974 - 7 00 P M City Hall Pledge Roll Call Present John C Brown, Myron Graham, T Keith Gurnee, Jesse Norris and Mayor Schwartz Absent None City Staff Present J H Fitzpatrick, City Clerk, R D Miller, Administrative Officer, A J Shaw, Jr , City Attorney, D Williamson, Assistant Administrative Officer, R A Paul, Water Department Director, E. L Rodgers, Police Chief ------------------------------------- ------------------------ - - - - -- I At this time the City Council considered the FINAL PASSAGE OF ORDINANCE NO 599 An ordinance of the City of San Luis Obispo amending the zoning ordinance, (1) to permit non- profit private clubs and lodges in all zones except M -R subject to use permit and defining private clubs and lodges, and (2) to require use permits for restaurants with an occupancy load of over 100 persons David Williamson, Assistant Administrative Officer, suggested that section 2 of the proposed ordinance be amended to clarify fraternity and fraternity houses within the listed zones He felt that section 2 of the ordinance did not clarify this point A J Shaw, Jr , City Attorney, stated that in his opinion if the Council wished to change the wording in section 2 that it would not require re- advertisement, as he felt it was a clarification of the intent rather than the meaning of the section as proposed by the City Council Councilman Gurnee stated that he was opposed to the suggested change in wording in section 2 as he felt the new wording dis- criminated against student housing and fraternities He felt the ordinance whould be re- worded in order to clarify any possible confusion that would lead to discrimination against the student Mayor Schwartz declared the public hearing open No one appeared for or against the proposed ordinance Mayor Schwartz declared the public hearing closed On motion of Councilman Graham, seconded by Councilman Norris the ordinance was finally adopted as amended on the following roll call vote AYES Councilmen Graham, Gurnee and Norris NOES Councilman Brown and Mayor Schwartz ABSENT None 2 The City Council considered the FINAL PASSAGE of City Council Minutes February 19, 1974 Page 2 ORDINANCE NO 605 An ordinance of the City of San Luis Obispo amend- ing the Municipal Code to permit wooden signs in Fire Zone I Mayor Schwartz declared the public hearing open Norone appeared for or against the ordinance Mayor Schwartz declared the public hearing closed On motion of Councilman Norris, seconded by Councilman Graham the ordinance was finally passed on the following roll call vote AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES None ABSENT None 3 Council considered the FINAL PASSAGE OF ORDINANCE 606 An ordinance of the City of San Luis Obispo amending the Municipal Code to authorize The City Engineer to make certain land and roadway markings and install traffic markers withou prior Council approval Mayor Schwartz declared the public hearing open No one appeared for or against the ordinance Mavor Schwartz declared the public hearing closed On motion of Councilman Brown, seconded by Councilman Graham the ordi- nance was finally passed on the following roll call Vote AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES None ABSENT None 4 The City Council continued their discussion of re- wording and amendments to the proposed Open Space Plan as presented to the City Council by the Planning Commission Mayor Schwartz suggested that the Council might first open the meeting for public input, after which time the meeting could then be closed and the City Council could discuss the best method of reviewing the Open Space Plan in order to have it finally approved and adopted by the Council Mayor Schwartz opened the meeting for discussio to public input Mrs GlennaDeane Dovey, President of the League of Women Voters of San Luis Obispo, presented a statement on behalf of the League of Women Voters reaffirming the League's position on open space, and they would now like to update their initial statement in light of the proposed amendments to the plan She continued that members of the League of Women Voters supported the preservation of scenic and open spaces in our City by either outright acquisitions, easements, or similar pro- grams The League felt that the agricultural lands in and around San Luis Obispo constituted an important open space and scenic resource and felt that Goal 3, page 22 of the original plan should be retained by the City Council She continued that the League of Women Voters realized that methods of implementing planning decisions 1 LJ 1 City Council Minutes February 19, 1974 Page 3 were constantly changing and that the City might well have to explore several avenues of effectuation to reach any single stated goal They felt that there were great developmental pressures upon agricultural lands in and near San Luis Obispo, and the League therefore supported ' all feasible methods of maintaining these lands They also asked the City Council to support the designation of Lopez Canyon as a federal wilderness area, and to protect the Morros as they were a unique scenic and open space feature of the County and deserved to be preserved In conclusion, she stated on behalf of the League of Women Voters that the Council should be commended for taking the time for serious evaluation and discussion of a document so important to the future of the community They now urged the City Council to adopt the Open Space Element with the amendments which would recognize the con- cerns that had been outlined and to charge the Planning Commission with the task of preparing a comprehensive program of implementation as soon as possible Robert Barrows, Meinecke Street, spoke in favor of the Open Space Plan and he urged protection of the agricultural lands in and around the City of San Luis Obispo Howard Basinger supported the City acquiring the Laguna Lake Golf Course as an open space for the community James Maino, farmer in the southeast edge of the City, urged the City Council to be aware of the benefits open space gave to an urban area, and urged the Council to support the farmers before the County Board of Supervisors in their attempt to lower the ag- preserve limits to a ten year contract rather than the present 20 -year preserve contract ' Mayor Schwartz closed the meeting to public participation and limited discussion to the City Council and staff The City Council then discussed what would be the best way to go over the Open Space Plan with the amendments and suggestions made by Councilman Gurnee and Councilman Norris so that it could finally be adopted by the Council Councilman Norris stated that he felt that except for a few major items he was ready to proceed with adoption of the plan Councilman Gurnee stated that he disagreed and that the Council should go through the plan line by line and come to a decision on each principle as he felt that this ,plan was important to the future development of the City Councilman Brown felt that he would rather continue this to a future study session so that the plan could be completely and competently reviewed and noT at a normal public meeting of the City Council Councilman Graham agreed that the Open Space Plan should be considered at a future study session prior to final adoption Mavor Schwartz felt the staff should take the Planning Commission's ' report on the open space, Mr Norris' comments and Mr Gurnee's statements, place them together and then allow the City Council to _ pick and choose which section they wished to adopt and include in the Open Space Plan Councilman Gurnee again urged the Council to do the work on the plan themselves and not expect the staff to do the re -write and bring back a package for adoption It was moved by Councilman Graham that the City Council set a study City Council Minutes February 19, 1974 Page 4 session starting at noon at a date acceptable to the City Council, continuing through the afternoon to try and resolve the Council differences on the Open Space Plan The motion was lost for lack of a second Councilman Gurnee, upon question of the Mayor, stated that he wished the reporT to be studied in detail by the City Council and he listed items that should be considered as the preface of the report, definitions, objectives of the report, the agricultural lands, the recreational lands to include a policy statement, the recognition of hazard areas, priorities for open space acquisition, consideration ofllimited development below elevation 460, and a program of implementation, such as purchase lease back, the land bank program, land exchange, tax incentive, Tax increment financing, and deed restrictions and finally an in -depth discussion of methods for financing of the open space He felt these were areas that the City Council must look to and make decisions Mayor Schwartz felt the Council was getting nowhere with this proposal and asked the Council to allow him to work with the City staff to work out details and bring back to the City Council a draft that would contain all comments made by the Council, staff and public To date for final consideration On motion of Councilman Norris, seconded by Councilman Brown, the Mayor was authorized to work with the staff and prepare a consolidated open space report including all comments to date for future discussion by the City Council Motion carried, Councilman Gurnee voting no 4A Communication from D J Van Harreveld, Chairman, ' Parks and Recreation Commission, recommending that the City Council consider taking over the operation of the golf course on Los Osos Valley Road by the Recreation Department but they felt that the City should arrange a short -term lease between the City and the property owners so that sufficient time would be made to study the proposal. and the feasibility of either operating or purchasing The area as a golf course 4B Communication from the City Attorney stating that he had been in contact with representaTives of the Rockwell Federal Credit Union, owners of the property on which the Laguna Lake Golf Course was located, staTing that they would consider an offer from the City to lease the golf course for six months in order to undertake a stu- dy on the feasibility of purchasing said course 4C Communication from Francis C Mueller, resident, Laguna Lake Mobile Homes Park;urging - the City to take over the operation of the Laguna Lake Golf Course as th'e present lessor was giving up the lease March I, 1974 4D Petition signed by 517 residents in the Laguna Lake area, as follows "_We, the residents living in-the general area of the Laguna Golf Course, petition the City of San Luis Obispo City Council to amend the City General Plan and map to designate the property known as Laguna Golf Course as recreational open space for The purpose of recreational development for the citizens of San Luis Obiso " Bill Bailey, Royal Way, spoke on behalf of the petitioners who wished the City Council to preserve the Laguna Lake Golf Course as a recreational open space either as a City operated golf course as a new park or just simply as open space City Council Minutes February 19, 1974 Page 5 8 15 P M D F Romero, City Engineer, arrived and took his place at the staff table Mavor Schwartz reviewed the legal steps necessary to amend the General Plan as requested by the petitioners ' Francis Mueller appeared on behalf of his letter asking the City Council to acquire the Laguna Lake Golf Course )t �i I - it• YII t"7wi 1 - A J Shaw, Jr , City Attorney, presented the proposed lease with the Rockwell Federal Credit Union for City lease of the Laguna Golf dourse Howard Besinaer, Royal Way, spoke in support of the City keeping the golf course an open space either by outright City purchase or by zoning He volunteered to help the City negotiate with the property owners - Bob Schroeder, Cucaracha Court, spoke in support of keeping the Laguna Golf Course either as a City operated recreational golf course or as open space zoning Jerry Punches, Royal Way, was in support of the City acquiring the pre- sent Laguna Golf Course and either operating it as a golf course or using it as a park He felt that the Laguna area needed an open space on that side of Los Osos Road for recreation by the residents and he felt that the City had made no attempt to develop open space or recreational facilities for the citizens and taxpayers in this newly developed area He personally was not interested in keeping the golf course -as such, but Just wanted the open space for his kids to play in Mrs Marilyn Cooper, Royal Court, urged continued operation of the golf course adjacent to Royal Way to be developed for open space and recreation Dewitt F Sampson, 1326 Oceanaire Drive, was in support of keeping the golf emursa �i n -operationt,ttes) r l5 Was' heeded for the recreational use of the residents of the area He felt that a park and golf course were compatible 4 James Clark, Fairview Drive, spoke in support of contin- uing the open space recreational area as now presently used for a golf course He was not particularly interested in the golf course but was interested in the open space George Hedley, Operator, Laguna Lake Mobile Home Park, spoke in support of keeping the golf course either as a golf course or open space park He felt the City should make a decision now and not wait until after the course was closed The City Council discussed the matter brought to them to purchase or acquire the interest in the Laguna Lake Golf Course and either continue the golf course or operate it as open space Councilman Gurnee stated that he was in support of the City acquiring the golf course properity for open space either as a park, golf course' or just plain open space Councilman Norris stated that he was not in favor of the City acquiring the land at this time without further study, as he felt there were other needs scheduled by the City Council in the Capital 4mprovement Budget for public funds for recreational development He listed Sinsheimer Park, tennis courts, swimming pools, etc City Council Minutes February 19, 1974 Page 6 Councilman Norris was also in support of either letting the property owner take over the course by either a holding company or by forming an assessment district for such purposes Mayor Schwartz felt the citizens should take the position that the City would not acquire the golf course and that they should proceed with the planning commission to amend the General Plan and pursue with the Parks and Recreation Commission a change in the Park and Recreation Tpriority listing of the Capital Improvement program He further felt t�ie�i�y cou d en procee with a possible six -month lease as a holding action to determine final disposition by the City on whether to acquire the property or to amend the zoning and general plan map, eTc The City Council asked the staff to proceed with the Mayor's suggestion for a temporary six -month lease on the golf course with a view To further studies being made by the Parks and Recreation Commission, Plan- ning Commission, and the citizens and property owners in the area for retaining this area as open space Mayor Schwartz called a recess at 9 15 P M 9 30 P M , the meeting reconvened with all councilmen present 5 The Council considered a memorandum from the City Engineer - sumbitting two alternates for providing a bike lane and parking restrictions on the westerly side of Los Osos Road between Madonna Road and the northerly City limits Alternate A - would eliminate all parking on the westerly side of Los Osos Valley Road Alternate B - would allow the continuation of parking and provide slightly narrower bike lanes, travel lanes and channelization islands on Los Osos Valley Road As far as the public works department was concerned„ the City Engineer stated that both of these alternates would function i,n an acceptable manner He then submitted sketches for the Council's consideration of alternate Plan A and B Councilman Gurnee stated that he would support alternate A as he felt that this was an opportunity to establish a bike path on a mayor city streeT before complete development Councilman Norris stated he was in support of alternate B as he felt this would give both bike paths and the tenants and residents of the area a place to park Councilman Brown stated he, too, would support alternate B as being fairer to the property owners and would still give the bike path room Councilman Graham stated that he would support Alternate B Mayor Schwartz felt the City Council should adopt -lplan A in order to eliminate any conflict of parking automobiles with cyclists using the bike paths He felt if the Council adopted alternate B they would be making a mistake He also fell that alternate A should be conTinued from the westerly City limits on Los Osos Valley Road To Higuera Street E L Rogers, Police Chief, stated that the minister of the Church on Los Osos Valley-,Road stated That he had sufficient off - street parking and that he would have no objection to the restricted parking The Police Chief also recommended the City Council adopt alternate A if They were going to put a bike path in for the safety of the cyclists 1 1 1 City Council Minutes February 19, 1974 Page 7 Councilman Brown stated he felt that the Los Osos Valley Road would carry large volumes of traffic in the future and on that basis would support alternate A in an attempt to protect the cyclists On motion of Mayor Schwartz, seconded by Councilman Gurnee, that the City Council adopt Plan A as presented and set a Public Hearing for the March 4, 1974 Council meeting AYES Councilmen Brown, Gurnee and Mayor Schwartz NOES Councilmen Graham and Norris ABSENT None The staff was asked to begin studying the possibility of including bike lanes-on Los Osos Valley Road from City limits to Higuera Street 5B Memorandum from City Attorney A J Shaw, Jr., recommending that the City Council, when establishing bicycle lanes, should do so by, ordinance rather fhan resolution, and he cited Section 21207 of the California Vehicle Code Under the provisions of this section, the City may regulate the speed of motor vehicles and bicycles in the bicycle lanes, establish right of way rules favoring the bicycle, and make such other provisions as are deemed necessary to protect and regulafe the bicyclists: Fie felt That an ordinance enactment was preferable to a resolution because it could then be enforced as a misdemeanor violation The matter'was received'and filed to be considered at the.time the ' Council takes action of the bike paths 6 Council consideration of criteria established by the various City departments for determining overburdened City facilities David Williamson, Assistant Administrative Officer, submitted.first copies of the criteria established by the various departments for overburdened facilities The City Engineer• submitted criteria-for sewage, sewage treatment plant, sewer lift station and the sewer collecTion.sysrem W E Flory, Director Parks and Recreation, sumbitted criteria and standards for local park and recreation facilities E L Rogers, Police Chief, submitted departmental criteria to accomodate community development Lee Schlobohm, Fire Chief, submitted a report on fire protection stan- dards R A Paul, Water Department Director, submitted a preliminary engineering information report on standards and criteria for municipal water distri- bution system improvements ' Mayor Schwartz stated that as the City Council 'tad not received the standards and criteria packages from the various departments until Just prior to tonight's meeting, he felt it would be difficult or nearly impossible for the City Council to discuss the standards and criteria intelligently or to even consider adopting said criteria David Williamson,Assistant Administrative Officer, explained the methods used by the staff in arriving at the proposed standards and criteria He concluded he felt based on information given to the Council this CiTy Council Minutes February 19, 1974 page 8 i5 evening in these reports, a developer or builder could not understand why a development was turned down due to overburdened facilities Additional information is needed to really make this information useable Councilman Norris questioned some of the conclusions arrived at by the City staff in determining the overburdened facility criteria Councilman Gurnee felt that receiving the information so late from the staff, it was impossible to fairly analyze the criteria and standards presented and to discuss them with the public Councilman Brown stated that ,lust briefly looking at the reports on standards and criteria since receiving them prior to the meeting, he felt the staff should look into all of these reports, clarify and simplify the criteria and standards in a single document rather than individual segments by departmenT Councilman Graham felt that standards and criteria should be condensed, put into more readable order and sent out to the City Council prior to the March 4, 1974 meeting L_•., Mayor Schwartz agreed that more staff work should be done to condense and clarify theounformation for,ease,of understanding by the public and the City Council He said that in the IitTle time he had to look at the material during the meeting, he felt that the staff had done a terrific•,lob of gathering a great amount of information, but he felt that it would be quite complicated for the average person to digest He hoped that some of This information would be placed graphically on maps and charts so they would more readily understood by all persons interested The staff was instructed To re -study and prepare a condensation for the City Council's consideration at the March 4, 1974 hearing on overburdened facilities 7 Communication from D R Griffith - Vice president and general manager, SLO Transportation Co regarding some of the conditions of Resolution No 2551, 1974 Series, a resolution accepting the bid of SLO Transportation Co for a one year transit operation and feasibility study D R. Griffith stated that in the discussions and in the offer or bids made offering a transit system for the City, several conditions were listed in the resolution that were not part of the negotiations or in the bid Item I Regarding the vehicles being washed and vacuumed daily, they did not plan to do this.although the buses would be kept clean and in good appearance at all times and would be washed and vacuumed as needed Item 2 Vehicles would be radio equipped He felt that this had been discussed at the negotiation meetingibut this had nOT been an offer of the company and that if they were required to install radios on all the buses, then there vould have to m.- The some kind Ofi•aneincrease in the rate in order to pay for This cost Otherwise, all other conditions of the resolution as adopted were acceptable and further, 'the buses -were ordered and hopefully would be here by the first of April D F Romero, City Engineer, speaking on behalf of the Mass Transit Committee, stated that at no time did the transportation company offer to install radios in their buses, but that this had been discussed and possibly assumed as the company also operated the cabs which were radio equipped He felt that this was not a condition of the original negotiations On motion of Mayor Schwartz, seconded by Councilman Brown, the following resolution 1 1 1 City Council Minutes February 19, 1974 Page 9 was introduced RESOLUTION NO 2565 (1974 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUPERSEDING RESOLUTION NO 2551 ACCEPTING THE BID OF DOYLE GRIFFITH FOR THE OPERATION OF A TRANSIT SYSTEM FOR A ONE(0) YEAR PERIOD AS PART OF A TRANSIT SYSTEM FEASIBILITY STUDY. Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee and Norris, Mayor Schwartz NOES None ABSENT None S Petition from 16 residents on the north side of the 700 block of Meinecke Street requesting that the-City of SLO replace the side- walk on the street that had been removed from the center of the street original- ly and further that the sidewalk be no more than four feet wide Margaret C Maxwell, 732 Meinecke Street, appeared before the Council on be- half of the petitioners, stating that when the center island with sidewalks was taken out of Meinecke Street by the City, had been purportedly to help the traffic flow, they were promised by the City,that at the time when side- walks were needed, the City would replace them on one side of Meinecke Street. She and her neighbors now would like the City to keep this promise and place sidewalks on Meinecke Street for the safety of pedestrians R D Miller, Administrative Officer,- stated that he did not feel the City was obligated to replace the sidewalk legally, but under the conditions that the sidewalks were removed, the City could install them as a service to the citizens of the area D F Romero, City Engineer, explained the conditions of the street if sidewalks were installed and the various widths of installation Councilman Brown stated that if the property owners wished the sidewalks installed, they might be willing to contribute land for the sidewalk so as not to narrow the street width Mayor Schwartz suggested that the staff look into the background of this matter and report to the City Council He also asked that sketches be pre- pared showing Meinecke Street with _various alternates to sidewalk widths, driveway ramps,-etc 9 Memorandum from the Waterways Planning Board - meeting February I, 1974, and calling for Council action on two matters I The Waterways Planning Board recommended that the Council _ consider removing drainage culverts on Old Garden Creek ' at Mission Street and at Mountain View Street On motion of Councilman Norris, seconded by Councilman Gurnee that the re- commendation be referred to the traffic committee for study of the effect the street closing would have on traffic and also the effect it would have on the fire department I 2 The Waterways Planning Board recommended that an additional section be added to the Policies and Standards for Flood Plain Management City'Council "Minutes February 1'9,'1974 Page 10 On motion of Councilman Gurnee, seconded by Councilman Brown, the following resolution was introduced RESOLUTION NO 2566 (1974 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING AMENDED POLICIES AND STANDARDS FOR FLOOD PLAIN MANAGEMENT Passed and adopted on following roll call vote AYES Councilmen Brown, Graham, Gurnee and Norris, and Mayor Schwartz NOES None ABSENT None The Waterways Planning Board determination regarding the Boriack property should also be brought to City Council attention, in order that the Council might direcT the staff as to procedure to be followed regarding pursuing the installation of this drainage project next summer The matter was referred to an executive session, and the City Clerk was instructed to notify Mrs Boriack that this matter was again under consideration by the City Council I I - 10 Communication from the Environmental Center of San Luis Obispo County - requesting that the City Council extend the lease to the En- vironmental Center at the fire training site for another 12 months The Environmental Center stated that they were now taking up 'less space at the fire training site through the use of smaller containers and the fact they were trying to ship out the newspapers as regularly as they could to avoid huge accumulations Finally, the fence slats had now been received and would soon be installed which would make the area much more attractive Mrs Elizabeth Webre, represenTing ECOSLO, appeared before the City Council submitting financial statements for 1973 and suggesting that the CiTy Council extend the ECOSLO's lease at the fire training site on a monthly basis rather than an annual basis in order to keep the pressure on the environmental center to find a new location L M Schlobohm, Fire'Chief, recommended that the request of the environmental center for an extension of 12 months on their lease at the fire training site be denied on the basis that the Fire Department would be awarding a contract in 60 - 90 days for a project to pave The major portion of the training center for use as a_driver training course and other training facilities He felt the recycling operation, if continued at the present location would make IT extremely difficult, if not impossible, to complete the paving project as planned He did not feel that the agreement should be extended unless it could be shown that the Environmental Center had been complying with all sections of the existing agreement with the City On motion of Mayor Schwartz, seconded by Councilman Brown, thaT.the City Council extend the lease to the Environmental Center of San Luis Obispo County on a month to month basis with the Fire Department and ECOSLO to work out details of operation such as changing the location of the ECOSLO equipment and the ' Mayor was authorized to execute the lease on behalf of the City Passed on the following roll call voce AYES Councilmen Brown, Graham, Gurnee and Norris and Mayor Schwartz 1 1 l__J City Council Minutes February 19, 1974 Page II NOES None ABSENT None CONSENT ITEMS C - 1 Claims against the City of San Luis Obispo The City Council author- ` ized payment subject to the approval of the Administrative Officer C - 2 The minutes of the City Council meetings ofi ember 51 12, 19 and 26, 1973, and January 14 and 28, 1974 , were approved C - 3 The communication received from Kathy Scala requesting permission to discuss with the City Council a matter of dumping of trash near 1353 Pismo Street, was referred to the City Engineer and the Water Department Director for report of methods to correct the problem C - 4 The City Council reviewed a memorandum from A J Shaw, Jr City Attorney, regarding relocation assistance guidelines (Agenda Item C - 13, February 4, 1974) The Council accepted the recommendation of the City Attorney and referred the matter to the Citizens' Advisory Committee. C - 5 Regarding the communication received from the Police Department in reference to a Federal Grant on intelligence officers for the Police Department (Section 301, Crime Bill and Safe Streets Act of 1968), the following action was taken On motion of Councilman Gurnee, seconded by Councilman Graham, the following resolution was introduced ' RESOLUTION NO 2564 (1974 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE CHIEF OF POLICE TO APPLY TO CALIFORNIA COUNCIL ON CRIMINAL JUSTICE FOR A GRANT FOR LAW ENFORCEMENT PURPOSES Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee and Norris and Mayor Schwartz NOES None ABSENT None C - 6 On motion of Councilman Norris, seconded by Councilman Gurnee, the request of the Planning staff regarding Play Equipment at Meadow Park which requested authorization to advertise for bids to complete this project was approved C - 7 In regard to the memorandum from the Planning staff regarding paving material at Meadow Park, the Council accepted the recommendation and approved the change order in the amount $1,500, on motio6-of Councilman Norris, seconded by Councilman Graham C - 8 A memorandum was received from E L Rogers, Chief of Police, regarding San Luis Transportation, Inc (Yellow Cab) taxicab advertising (continued from December 17, 1973) On motion of Councilman Gurnee, seconded by Councilman Graham, the following ordinance was introduced ORDINANCE NO 607,0974 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO TO DELETE THE REQUIREMENT THAT THE REAR OF TAXICABS DISPLAY THE NAME OF THE CAB COMPANY City Council Minutes February 19, 1974 Page 12 Introduced and passed to print on the following roll call voce AYES Councilmen Brown, Graham, Gurnee and Norris and Mayor Schwartz NOES None ABSENT None C - 9 The Peace and Freedom Party application to use Laguna Lake Park facilities (electricity) on February 24, 1974, from 10 a m to 6 p m to �- hold a concert and voter registration rally was approved by the Council subject to established sound criteria for Laguna Lake Park The application had the prior approval of William Flory, Parks and Recreation Department C _ '10 On motion of Councilman Gurnee, seconded by Councilman Graham, the following ordinance was introduced ORDINANCE NO 608 (1974 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE MUNICIPAL CODE TO REQUIRE A PLUMBING PERMIT FOR THE CONSTRUCTION OF WELLS, ESTABLISHING STANDARDS THEREFOR, AND DECLARING WELLS IN VIOLATION THEREOF TO BE PUBLIC NUISANCES Introduced and passed to print on the following roll call vote AYES Councilmen Brown, Graham, Gurnee and Norris and Mayor Schwartz NOES None , ABSENT None C - II The Council approved payment of court costs for defendants Matno and Flagg in the condemnation for street widening at University Square Payment was approved as required by State Law C - 12 The Council considered a Grant Deed from Lawrence S Ames, Joost Vanadelsberg and James F Southerland for street widening from Willow Creek Mobile Home Park (Bullock Lane) The City Council accepted the deed and authorized the Mayor to record same C - 12A The Council considered a Deed of Easement from Lawrence S Ames, Joost Vanadelsberg and James F Southerland for street widening for Bullock Lane The City Council accepted the deed and authorized the Mayor to record same C - 13 The Council considered a covenant for temporary erection of improve- ments within the public right of way from P R Del Vaglio and L Del Vaglio The City Council accepted the covenant and authorized the Mayor to record on behalf of the City C - 14 - R. D Miller, Administrative Officer, announced the appointment of Donald W Pratt as Police Officer starting at Step I or $816 effective February 16, 1974, subject to a one -year probationary period The City Council acknowledged the appointment C -15 The following salary increases were approved effective March I, 1974 Daryl G Andrews - Police Officer From Step 2 or $860 to Step 3 or $910 Richard E Bosserman - Police Officer From Step I or $816 to Step 2 or $860 City Council Minutes February 19, 1974 Page 13 Clifford Chelquist - Police Sergeant From Step 4 or $1,070 to Step 5 or $1,130 Ellis A Fitler - Mechanic I From Step I or $712 to Step 2 or $750 C - 16 The report by the Assistant Administrative Officer, D Williamson, on staffing and use of consultants for planning work, was set for Council study and review at 12 10 p m , Tuesday, February 26, 1974 On motion of Councilman Gurnee, seconded by Councilman Brown, Consent Items 1 -16, excluding 6 and 7 were approved Consent Item 6, approved ona motion of Councilman Norris, seconded by Councilman Gurnee Consent Item 7 approved on moTion of Councilman Norris, seconded by Councilman Graham The vote in each case was unanimous B -1 The following bids were received for POLICE FACILITY CARPORT EXTENSION, CITY Plan No 28 -74 Bids opened February 13, 1974 at 2 00 P M Engineer's Estimate $4,268 00 WALTER BROS CONST CO 9,971 00 San Luis Obispo, CA WHEELER CONST 11,423 00 San Luis Obispo, CA The City Council discussed the disparity in the two bids received - both being more than twice the engineer's estimate, and asked for clarification ' of type of construction The Police Chief, E L Rogers, spoke in support of the extension of the carport and explained some of the construction details to the City Council On motion of Councilman Norris that the City reject all bids Motion lost for lack of a second On motion of Councilman Gurnee, seconded by Councilman Brown that the bids received be rejected and that the building be re- calculated to see if more economical construction could be arrived at Motion carried Mayor Schwartz voting no On motion of Councilman Graham, seconded by Councilman Brown, the City Clerk was granted permission to be absent from the State of California during the month of March, 1974 Motion carried On motion of Councilman Brown, seconded by Councilman Graham, that the City Council adjourn to Monday, February 25, 1974 at 7 30 P M and toi12 10 P.M , Tuesday, February 26, 1974 City Council adjourned to executive session There being no further business to come before the Council, the meeting adjourned APPROVED June 3, 1974 FPTZPATRICK, CITY CLERK 1 1 i MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA February 25, 1974 - 7 00 P M City Hall Pledge Roll Call Present John C Brown, Myron Graham, T Keith Gurnee, Jesse Norris and Mayor Schwartz Absent None City Staff Present David Williamson, Assistant Administrative Officer, J H Fitzpatrick, City Clerk, William Flory, Director Parks and Recreation, R D Miller, Administrative Officer, A J Shaw, Jr , City Attorney Unified School Board Members Present Boardpersons Hysen, Maino, Morris, Nagano, Warden, Weinstein Absent Boardperson Froggatt Staff Member Present Assistant Superintendant Perko -------------------------------------------------------------------- - - - - -- I Communication from the Park and Recreation Commission stating that the possible leasing of Laguna Lake Golf Course was discussed by the Park and Recreation Commission at a special meeting held February 20, 1974 The Park and Recreation Commission recommended to the City Council that the City negotiate with the Laguna Lake Golf Course owner for a six -month lease- option agreement At that time, the City staff in conjunction with Laguna Lake residents would conduct an investigation during the six -month period to determine the feasibility of 1) Continuation of golf course operation by the City 2) The need for open space in the general area 3) The need for a neighborhood park A J Shaw, City Attorney, briefed a letter from the Rockwell Federal Credit Union, owners of the property, stating that it was their feeling that the Board of Directors of the Credit Union would authorize a six - month lease on the property in order for the City to study the feasibility of acquiring the property for either continued use as a golf course or for open space However, they wished to go on record stating they were desirous of selling the property and hoped that the lease would be favorable for future purchase by the City Communication from A F Spring, former City Councilman, reminding the City Council that, although recreation topped the agenda for this Council meeting, they should keep in mind priorities that had been going unanswered for many years within the City Particularly, he wanted to bring to the Council's attention the matter of drainage along Broad Street at its intersection with Mission street He stated that this project had been long in discussion but had never been brought to fruitation in order to protect the properties and property owners in the general area While he was not opposed to recreation, he felt the City Council should set some priorities to correct deficiencies before making recreation improvements to the community City Council Minutes February 25, 1974 Page 2 William Flory, Director of Parks and Recreation, submitted a preliminary report on what he felt would be the expenditures and the revenues from City operation of the golf course for a six -month period He continued that there were people in the present Park and Recreation Department who had expertise and knowledge and could operate this kind of golf course hopefully aT a profit both for the City and for the taxpayers Councilman Gurnee stated that while he was in favor of leasing, or even buying, The land on which the golf course now sits, he felt that he was opposed to the present proposal, as he put it, "Getting the City into the golf business " He felt the City had no right getting into this type of operation He concluded by saying that he did not come to the meeting prepared to vote the City into the golf business He felt that the City had not prepared sufficient analysis into the proposed operation before asking the City Council for their approval On motion of Graham, seconded by Brown, the following resolution was introduced RESOLUTION NO 2567 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING STAFF TO CONVEY A CONDITIONAL OFFER TO LEASE LAGUNA LAKE GOLF COURSE FOR SIX (6) MONTHS, WITH AN OPTION TO PURCHASE Motion carried on the following roll call vote AYES Councilmen Brown, Graham, Norris and Mayor Schwartz NOES Councilman Gurnee ABSENT None 2 At this time, the City Council held a Joint meeting with the San Luis Coastal Unified District Board of Education to hear and discuss the master plan prepared for Sinsheimer Park Recreational area and to review plans for the restroom,spressbox and concession stand buildings W E Flory, Director of Parks and Recreation, presented a letter from the Parks and Recreation Commission stating that the Park and Recreation Commission had held a special meeting on February 20, 1974, with members of the City staff, representatives from the Design Reveiw Board, the Advisory Committee on Joint Recreational Use of School Property, and interested citizens for the Adoption of the Master Plan for Sinsheimer Park It was the unanimous decision by the Park and Recreation commission, that the Master Plan prepared by the consultants be recommended for adoption to the City Council and School Board with the following modifications 1) The parking lot in Johnson playground be redesigned to front along Southwood Drive The parking area at the entrance to Sinsheimer park on Southwood Drive be re- designed This area was adjacent to the Swim Center and open turf ampitheater 2) The Master Planner considered a maximum number of tennis courts -in the upper level of Sinsheimer Park Master Plan, the two lower tennis courts near the handball facility be left on the MasTer Plan be left on for future development 3) A minimum number of temporary parking spaces be designed in the parking area off Helena Street cul de sac 1 1 1 City Council Minutes February 25, 1974 Page 3 4) Overflow parking turf be extended to include the area behind the pressbox, restroom and concession building, into the softball diamond area 5) Proposed road extension and parking adjacent to Southern Pacific Railroad be dependent upon easement - or property acquisition W E Flory, Director of Parks and Recreation reviewed for the City Council and School Board members present, the history to date of the deve- lopment of the Sinsheimer Park and playground on a portion of the Sin - sheimer Elementary School site Mr Harry Nagalawara and Senli Yano representing Wilsey and Ham, Planning Consultants for the Sinsheimer Park, reviewed the studies made by their firm, including the area study, input by the Citizens' committee, School Board, and Park and Recreation Commission They reviewed studies made by their firm in arriving at the relationship of the various proposed acti- vities such as the baseball field, the Olympic size swimming pool, ten tennis courts, four handball courts, locker and shower facilities, thirteen picnic areas, restrooms, playground and equipment, meeting area, volleyball courts, horseshoe pitfand 320 parking spaces The two repre- sentatives of the consultants reviewed various plans in studying the relationship of the land to the various activities proposed The City Council and School Board members discussed with the representatives of the Master Planners various elements they had presented for the development at Sinsheimer Park Ted Maino, Chairman of the School Board, siated he felt as far as the School S Board was concerned, they would accept the Master Plan concept as presented - ` Councilman Gurnee read conditions of the original lease with the school board and stated he felt the plan as presented this evening was too ambitious He said he did not feel that the proposal met the needs of a neighborhood park, and as a community recreational area, he felt it was poorly located He most strongly opposed the planned construction of a large swimming pool in this area He felt that a swimming pool should be to an area of more need and he suggested that the swimming pool should be placed in Meadow Park He also felt that if the City was going to pay for tennis courts, they should not all be placed in one area, but be spread throughout the City in the various recreational areas Councilman Graham also felt that the facilities planned for Sinsheimer Park were a bit extravagant He felt that the size of the pool was much too large for a small community, and he also felt that locating it at Sin - sheimer Park was wrong R D Miller, Administrative Officer, explained the present Council policies in the Capital Improvement Program for development of Sinsheimer Park Councilman Brown stated that he was in support of the facilities shown on the Master Plan, and felt that actual construction of the facilities should be studied at the time financing was available He reminded everyone present that what was being considered at this time was a Master Plan for future development Councilman Norris stated that he was in support of the Master Plan and felt the Plan should be adopted for implementation and increments as funds become available He thanked the School Board for their coopera- tion in developing this plan He hoped that a number of tennis courts City Council Minutes February 25, 1974 Page 4 could be put in immediately as he felt that there was an immediate need in the community for this type of facility He,urged adoption of the Master Plan as presented Mayor Schwartz felt the Master Plan was a reasonable development for the ' property He felt that the facilities shown would make The park a major recreational asset for the community,-,He felt that the recommenda- tions of the Parks and RecreaTion Commission should be accedpted and the Master Plan should be amended to consider future widening on Del Campo Blvd if the.park developed.in that area He also suggested that pos- sibly a road should be improved from the parking lot behind the baseball field along the area between the softball diamond and baseball field,to the lower recreational areas for ease in maintenance and( overflow parking Mrs Pat Barlow, Chairwoman, Human Relations Commission,-submi,Tted The folio-ving statement on behalf of the Human,Relation Commission "The Human Relations Commission urges compleiton of the Meadow Park project, including tennis courts, swimming pool and com- munity service center before any of those items are installed in any other locations for the following reasons The San Luis Obispo Senior High School grounds are equip- ped with,baseball, track, football fields, tennis courts and swimming pool . 2 'The San Luis Obispo Junior High School grounds are equip- ped with baseball and football fields and tennis courts, 3 The Sinsheimer- Johnson Park is geographically not situated I in an area of town suitable for use by residents other than the immediate neighborhood east of the railroad track ED 4 The greater and growing populaTion is on the westerly side of the railroad tracks There are no similar tennis courts or swimming pools other than the afore - mentioned ones for use of residents on the west side of the railroad tracks 5 Numerous residents have petitioned the City for development of Meadow Park Therefore, the Human Relations Commission has reaffirmed its posiTion on Meadow Park and we urge the construction of tennis courts, swim- ming pool, and community service center before any of these items are installed in any other location in the City " On motion of Councilman Graham, seconded by Councilman Norris that the City Council adopt the Master Plan of Sinsheimer Park, prepared by Wilsey & Ham, dated 1973 with the following amendments I The parking lot in Johnson Playground be re- designed to front along Soughwood Drive Secondly, the parking area at entrance to Sinsheimer Park on Southwood Drive be re- designed This area is adjacent to swim center and open turf amohitheater 2 The master planner consider a maximum number of tennis courTS ' in the upper level of Sinsheimer Park Master Plan, but two lower tennis courts near the handball facility be left on y Master Plan for future development 3 A minimum number of temporary parking spaces be designed in park area off Helena Street cul -de -sac City Council Minutes February 25, 1974 Page 5 4 Overflow parking turf be extended to include area behind press box, restroom and concession building into softball diamond area 5 Proposed road extension and parking adjacent to Southern Pacific Railroad dependent upon easement or property acquisition 6 Widening of east side of Boulevard Del Campo adjacent to park 7 Design a path thru the park from the main parking lot along the baseball field to the lower parking area that may be used as a connecting link by vehicles 8 Extension of access road along the easterly side of The school corporation yard as near to the creek as possible, subject to control of school district Motion carried on the following roll call vote AYES Councilmen Brown, Graham, Norris and Mayor Schwartz NOES Councilman Gurnee ABSENT None On motion of Michael Morris, seconded by Carl Hvsen the San Luis Coastal Unified School District Board of Education adopt the Master Plan of Sin - sheimer Park, prepared by Wilsey and Ham, dated 1973 with the following amendments ' I The parking lot in Johnson Playground be re- designed to front along Southwood Drive Secondly, the parking area at entrance to Sinsheimer Park on Southwood Drive be re- designed This area is adjacent to swim center and open turf amphithearer 2 The master planner consider a maximum number of tennis courts in the upper level of Sinsheimer Park Master Plan, but two lower tennis courts near the handball facility be left on Master Plan for future development 3 A minimum number of temporary parking spaces be designed in park area off Helena Street cul -de -sac 4 Overflow parking turf be extended to include area behind press box, restroom and concession building into softball diamond area 5 Proposed road extension and parking adjacent to Southern Pacific Railroad dependent upon easement or property ac- quisition 6 Widening of east side of Boulevard Del Campo adjacent to park ' 7 Design of a path thru the park from the main parking lot along the baseball field to the lower parking area, that may be used as a connecting link by vehicles 8 Extension of access road along the easterly side of the school corporation yard as near to the creek as possible, subject to control of school district City Council Minutes February 25, 1974 Page 6 Motion carried on the following roll call vote AYE` S� Morris, Hysen, Maino, Nagano, Warden, and Mrs Weinstein NOES None ' ABSENT Mrs Froggatt 2A W Flory, Director of Parks and Recreation, presented to the City Council plans for the restroom, pressbox, and concession stand directly behind the baseball park at Sinsheimer recreational area as shown on the approved Master Plan and stated that the school board, the doing Commission on Recreation and the Park and Recreation Commission had previous- ly gone on record recommending that The City Council accept the plans and authorize the preparation of final plans and call for bids as he felt the cost was not getting any cheaper Mr Florey submitted a IetTer from Mr Richard Burke, contractor, President of the Richard Burke Corporation say- ing that he was unable to attend this evening's meting but that he and several other construction contractors had reviewed the buildings under discussion at this time for Sinsheimer Park and felt that the building as designed which was of low maintenance, first -class quality construc- tion would be in the cost area of $84,000 00 And he, too, urged the City Council to proceed as costs were bot being reduced Representatives of Wilsey and Ham, planning consultants, reviewed in de- tail the proposed pressbox, concession stand and restrooms to be under consideration at this time Councilman Gurnee felt the plan was excellent, buildings were quite ' atTractive but felt that this park had no need for a pressbox and conces- sion stand He felt it was too elaboraTe for a small neighborhood park within the stated $400,00 00 agreed City expenditures between the City and the school district There being no further discussion on motion of Norris seconded by Graham, that the City Council approve the plans and authorize proceeding with the working drawings and a call for bids Motion carried, all ayes Gurnee voTing no On motion of Norris seconded by Graham, the soil engineer was authorized to proceed with the soil tests now that the Master Plan has been completed Motion carried 3 Following bids received for furnishing the following listed equipment for specifications to the City Police Department Three bids received B I D S U M M A R Y Following bids recieved for furnishing the following listed equipment, per specifications for City Police Department (Bids opened 2 00 P M , February 25, 1974) ITEM NO DESCRIPTION F MORTON PITT COMPANY UNIT PRICE NET PRICE 'THE CAKE COMPANY CALIFORNIA ELECTRONIC POLICE EQUIP UNIT PRICE NET PRICE UNIT PRICE NET PRICE 1 30 Weapons $76 50 $2,295 00 $71 69 $2,150 70 2 30 Sam Browne Belts 9 73 291 90 11 98 359 40 3 30 Handcuff Cases 4 59 137 70 5 35 160 50 4 30 Handcuffs 10 25 307 50 10 80 324 00 5 30 Ammo Pouches 4 91 147 30 5 04 151 20 6 30 Baton Rings 73 21 90 81 24 30 7 30 Key Holders 1 95 58 50 2 45 73 50 8 30 Whistles 90 27 00 79 23 70 9 120 Belt Keepers 60 72 00 70 84 00 10 30 Flashlights 2 95 88 50 3 45 103 50 II 30 Raincoats 24 30 729 00 17 05 511 50 12 8 Nameplates 2 30 18 40 1 40 11 20 TOTAL $4,194 70 iy37977-50— Deviations (1) F Morton Pitt Company - NONE (Bidding Tex Shoemaker Leather) (2) The Cake Company - NONE (3) California Electronic - Item 11 - IPO Rain Gear (Tex Shoemaker Leather) M $73 45 $2,203 50 10 24 307 20 4 30 129 00 10 25 307 50 4 60 138 00 67 20.10 1 82 54 60 1 05 31 50 56 1-6-7 220 -0- -0- 22 95 688 50 -0- -0- X3,896 70 I_ City Council Minutes February 25 _J974 Page 8 Richard D Miller, Administrative Officer, recommended that The low bid of The Cake Co. be accepted as it met all specifications of the bid On motion of Gurnee, seconded by Graham, the low bid of Cake Co was accepted Motion carried, all ayes On motion of Gurnee, seconded by Graham the meeting adjourned to 12 10 P M Tuesday, February 26, 1974 APPROVED August 19, 1974 F�fi,!PATRICK, CITY CLERK 1 ri Minutes Adjourned Meeting of the City Council City of San Luis Obispo Tuesday, February 26, 1974, 12 15 P M Roll Call Present Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz City Staff Present J H Fitzpatrick, City Clerk, R D Miller, Administrative Officer, A J Shaw, Jr , City Attorney, David Williamson, Assistant Administrative Officer, Pat Gerety, Associate Planner 1 The City Council met in adjourned session to hear a review by David Williamson, Assistant Administrative Officer, on a lengthy analysis of the City of San Luis Obispo's Department of Planning and Building and a recommendation from the Assistant Administrative Officer on various methods of improving the management and operation of the Planning and Building Department David Williamson reviewed the background of the existing department organization and presented his conclusions and recommendations on the Planning and Building Department The City Council discussed with Mr Williamson various aspects of his report and asked for clarificaTion of his recommendations and his analyses in several instances ' Councilman Gurnee stated he objected to the report and the recommend- ations included He felt that nothing new had been added to the report which had been previously made to the City Council over a year ago on the reorganization of the Planning and Building Department He then reviewed what he felt were areas lacking discussion in the proposed reorganization Councilman Brown felt the report was acceptable as a first sTep for organizing a viable Planning and Building Department Councilman Graham felt that the Williamson report was a good first step to the organization of an adequate planning function for the City He also felt that Mr Williamson should continue to coordinate the community development activities of the City Councilman Norris stated he would give full support to the Williamson report and recommendation He felt that this would make for a stronger City organization for future development for planning and for develop- ment Mayor Schwartz felt that the Williamson report was well done and to the point for developing a community development organization But he continued that the Council was still looking for a more comprehensive re- evaluation ' of the development function of the City, but felt that the City should implement the recommendations made today Councilman Gurnee then submitted a report to the City Council on what he felt were failings in City organization as he saw it today and reviewed some of the problems that have occurred in the past which would not have occurred with proper organization R D Miller, Administrative Officer, commented on several of the items brought up by Councilman Gurnee in his criticism of the City operation including the fact that in the interest of economy an earlier push had not been made for qualified assistance On motion of Councilman Norris, seconded by Councilman Brown, that the City accept the Williamson report and recommendations as presented and authorize implementation of the recommendations Motion carried with Councilman Gurnee voting "no " 2 On motion of Councilman Norris, following resolution was introduced authorizing the Administrative Offi equipment from Account 219, General „ I - Passed and adopted on the following seconded by Councilman Brown, the RESOLUTION NO 2583, a resolution :er to purchase certain Police safety Fund - -Prior Year Commitment ' roll call vote AYES Councilmen Brown, Graham, Gurnee, Graham, and Mayor Schwartz NOES None ABSENT None 3 On motion of Councilman Graham, seconded by Councilman Norris, the meeting adjourned to 12 10 P M on Friday, March 1, 1974 Motion carried APPROVED May 20, 1974 GJ H Fk2 atrick, City Clerk 1 MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA March I, 1974 - 12 15 P M City Hall Pledge Roll Call ' Present John C Brown, T Keith Gurnee, Myron Graham and Mayor Schwartz Absent Jesse Norris City Staff Present J H Fitzpatrick, A J Shaw, Jr , David Williamson, William Flory ------------------------------------- ------------------------- - - - - -- I A J Shaw, Jr , City Attorney, reviewed for the City Council, the proposed lease between the City and Rockwell Federal Credit Union for the golf pro shop, snack bar, and golf course commonly known as-Laguna Lake Golf Course located on Los Osos Road in the City of San Luis Obispo Total rent for the period March I - August 31, 1974 to be $5,000 00 with $833 33 payable on the first day of each month The City Attorney explained that the first 13 conditions of the lease were usual conditions, but that item 14 was added which reads 14) "Upon termination of the lease, the lessee ' shall deliver back to the lessor, all furniture, fixtures and equipment listed herein in good condition and repair, reasonable wear and tear excepted 15) Lessee shall not change the contour of the demised land nor dig any drainage ditches or canals upon said land without first obtaining the written consent of lessor thereto 16) Lessee is hereby given an option to purchase the demised premises and all furniture, fixtures and equipment thereon for the sum $260,000 00 cash Said option may be exercised anytime prior to August 31, 1974, by written notice to lessor sent by certified mail, plus deposit of the sum of $10,000 00 in an escrow at any bank or title company in San Luis Obispo with usual escrow provisions The balance Of The purchase price shall be payable upon close of escrow Said escrow shall close not more than 60 days after it has opened 17) It is understood that lessor is in the process of obtaining good title to the furniture, fixtures and equipment in accordance with the Bulk Sales Law (U C C 6101 -7) and that the actual transfer of such title to lessor shall take place on March II, 1974, if no substantial claims of credit are received " Added to the lease is an inventory of equipment, fixtures and sup- plies of the Laguna Lake Golf Course and Pro Shop City Council Minutes March I, 1974 Page 2 Mr Shaw also presented a report prepared by Richard D Miller, Administrative Officer, projecting fiscal effects of golf course operaTion by the City Some of the figures for the operation estimated an average increase of about 30% activity, and with , good City operation and consequent public acceptance, golf course experts feel that it may be possible to increase by 100% The Administrative Officer submiTted a projected golf course budget for estimated revenue and expenditures for The period March I to August 31, 1974 and then a projected operational budget for September" I, 1974 to August 31, 1975 On motion of Gurnee, seconded by Graham, the following resolution was introduced RESOLUTION NO 2568 (1974 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A SIX MONTHS LEASE OF LAGUNA LAKE GOLF COURSE WITH AN OPTION TO PURCHASE AND AUTHORIZING THE MAYOR TO EXECUTE SAID LEASE Passed and adopted on the following roll call vote AYES T Keith Gurnee, Myron Graham, John C Brown and Mayor Schwartz NOES None , ABSENT Jesse Norris On motion of Gurnee, seconded by Graham, the City was authorized to purchase all stock in trade in the Pro shop and snack bar including the golf clubs and equipment for 5499 00 Mon on carried, Councilman Norris absent Mavor Schwartz thanked the representatives from Rockwell Federal Credit Union for their cooperation in arranging the lease 2 David Williamson, Assistant Administrative Officer, reviewed very briefly some of the proposals submitted by the Planning Consultants who had been asked to submit proposals for an update of The Ciry's General Plan He explained some of the criteria that he had established in asking for proposals, and stated that written report would follow on each individual proposal with recommendations by the City Staff 3 On motion of Graham, seconded by Brown, the meeting adjourned APPROVED May 20, 1974 J I itzparrick, City Clerk Pledge Roll Call Present Absent City Staff MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA March 4, 1974 - 7 00 P M City Hall John C Brown, Myron Graham, T Keith Gurnee, Jesse Norris and Mayor Schwartz None Present J H Fitzpatrick, City Clerk, R D Miller, Administrative Officer, A J Shaw, Jr , City Attorney, D Williamson, Assistant Administrative Officer, W Flory, Parks Department Director, R A Paul, Water Department Director, E L Rodgers, Police Chief, D Romero, City Engineer and L Schlobohm, Fire Chief I At this time the City Council held a public hearing on the recommendation of the City Traffic Committee to restrict parking on the west side of Los Osos Valley Road from Madonna Road to the northerly city limits D F Romero, City Engineer, presented a map showing the proposal under consideration by the City Council at the public hearing which was a plan ' to prohibit parking on the west side of Los Osos Valley Road from the northerly city limits to Madonna Road for the installation of a bicycle lane Mayor Schwartz declared the public hearing open Lew Weigold, Realtor, was opposed to the proposed parking ban on Los Osos Valley Road as he felt that without curb parking in front of his business, he would lose business as patrons would not park somewhere else and walk back to his office He asked the City Council not to cause any further damage to the business by prohibiting parking Mrs Hagerman, manager of Irish Hill Apartments, was opposed to the pro- posal as she felt it would hurt her present tenants and prospective tenants would not rent in the area She continued that the parking lot at the apartment house was adequate for tenant parking, but that guests were asked to park outside at the curb so that the parking lot could be used by the tenants She suggested that parking be allowed at the curb with a bike line or lane to be installed between the driving lane and the parking lane At a Councilman's request, D F Romero, City Engineer, then showed a sketch of Plan B, which would allow parking at the curb, a bike lane, and the travel lanes. Judy McGlasson, 1545 Los Osos Valley Road, was opposed to the proposed parking ban as she felt that the Council's proposal would cause her loss ' of business Mavor Schwartz declared the public hearing closed City Council Minutes March 4, 1974 Page 2 Councilman Gurnee spoke in favor of the Council's proposal to ban bark- ing at the curb and install a bicycle lane He felt that this was the first time the City Council had an opportunity on a major thoroughfare to install bike paths prior to development of the property adjacent to the street Councilman Norris stated that he had been phoned by Aime LaLande, a pro- perty owner who was opposed to the parking ban as suggested by the City Council as he felt it would cause a loss to his property values by taking away the parking Councilman Norris stated that at the prior meeting he indicated he would support Plan B, which would allow both the bike lane and the parking lane adjacent to the west side of Los Osos Valley Road Councilman Brown stated that he felt the ban on parking on Los Osos Val- ley Road was a foregone conclusion and would be required in the long run as traffic increased on this major thoroughfare from the coastal commun- ities He suggested that possibly a Darking ban could be placed on a time schedule with parking allowed at certain times of the day Councilman Graham stated that he still supported Plan B which would al- low curb Darking wi h a bike lane next to the parking lane Mayor Schwartz stated that he was in support of Plan A which would pro - hibii curb parking on Los Osos Valley Road as he felt this was to be a major access road for the City and should be Drotected and bike paths implemented at this time On motion of Gurnee, seconded by Schwartz, that the City install a bike path on the west side of Los Osos Vall?y Road and prohibit parking from the City limit line to Madonna Road Motion lost on the following roll call vote AYES Gurnee, Schwartz NOES Brown, Graham, Norris On motion of Brown, seconded by Norris that the City Council adopt Plan B modified with two -hour parking allowed in front of the apartment houses and the office on Los Osos Valley Road A J Shaw, City Attorney, felt that the City Council proposal Plan B would make the City more liable for possible injury to cyclists using the west side of Los Osos Valley Road due to the requirement of having the bike lane moving in and out from the curb area to the street area in order to permit parking, in front of specific parcels He suggested that possibly the bike path could be 10 feet wide, which would allow parking adjacent To the curb and still allow 2 or 3 feet for a bike lane He mentioned that this was a way the problem appeared to have been solved in the City of Davis, which was quite strong on bikeway systems Mayor Schwartz suggested that the Council adopt Plan A, which was the bike path adjacent to the curb from Descanso to Oceanaire Drive and the balance to Plan B where the development had been completed The Council and staff could then study other alternatives to this plan Councilman Brown and Norris withdrew their motion adopting Plan B modified, and the Council asked the staff to look into the City of Davis -type bike lane for future report to the City Council 1 1 City Council Minutes March 4, 1974 Page 3 2 City Council considered the final passage of Ordinance No _60 an ordinance of the City of San Luis Obispo deleting the requirement of the Municipal Code that the rear of taxicabs display the name of the cab company I_ Mayor Schwartz declared the public hearing open No one appeared before the City Council for or against the proposed or- dinance change Mayor Schwartz declared the public hearing closed On motion of Norris, seconded by Gurnee the ordinance was finally passed on the following roll call vote AYES All NOES None ABSENT None 3 The City Council considered the final passage of Ordinance No 608, an ordinance of the City of San Luis Obispo, amending the Municipal Code to require a plumbing permit for the construction of wells, establishing standards therefor, and declaring wells in violation thereof to be public nuisances Mayor Schwartz declared the public hearing open ' No one appeared before the City Council for or against the proposed ordinance Mayor Schwartz declared the public hearing closed On motion of Gurnee, seconded by Graham, the ordinance was introduced for final passage Finally passed on the following roll call vote AYES All NOES None ABSENT None 4 At this time the City Council considered the final passage of Ordinance No 604, an ordinance of the City of San Luis Obispo adding pro- visions to the Municipal Code prohibiting approval of real property divisions, zoning changes, annexations, use permits, and building permits prior to departmental determination in writing that City facilities could accomodate the increased burden resulting therefrom and providing a mandatory procedure for planning commission and Council review and correction of said deficiencies A J Shaw, City Attorney, reviewed the ordinance section by section for the City Council, to include determination required by department heads, report to the Planning Commission, review by the Planning Commission, review by the City Council, and exemptions to the ordinance Also the requirement that the City Council adopt criteria and standards for departmental use _ in making the determinations required by the ordinance The City Attorney continued that there had apparently been wide concern that the proposed facility Ordinance No 604 would render the City unable to act if an overzealous or fearful department head failed or refused to file the wriTten determination required of him by the ordinance If the ordinance did, in fact, thus delegate such unlimited and undefined power City Council Minutes March 4, 1974 Page 4 to an individual, the City Attorney felt that the ordinance would be illegal and void from several standpoints However, he stated that the timely review procedure set forth in the ordinance sufficiently protected the ordinance from any challenge of its legality based upon unlawful delegation of authority He then reviewed several sections of the City Charter which granted the City Council power to act in the name of The City, although, he warned, the City Council that neither the City Charter nor the proposed ordinance permitted the City Council to take arbitrary, capricious, discriminatory, or unreasonable and un- lawful actions David Williamson , Assistant Administrative Officer, reported to the City Council that since the meeting of February 19, The City staff had accomplished the following with regard to the compilation of standards into an easily understood format A) He had forwarded sewer and water standards to John Carollo and Associates, consulting engineers for an evaluation of the City standards relative to current practices in other communities and for their comprehensiveness B) The City had hired a part -time, exoe n enced technical writer fo organize the information into a format that could be under- stood by the public He continued that as of this date, the technical writer indicated it would take approximately 2 weeks to write and pre- pare the format in a usable manner He continued that he felt that there was further need for the staff to see how the ordinance would work and how they were to arrive at Their decision on facilities He felt that it would take about three months to get an adequate flow report on sewer ' alone, and therefor he felt that more time was needed to develop criteria for determining over - burdened facilities He explained problems involved in each City department in attempting to define standards for facilities so that an adequate report on public facilities could be given to the citizens Further, he felt that at this time there were few procedures within the City to make determinations required by Ordinance No 604 Mayor Schwartz stated before he opened the meeting to the public hearing, that the City Council could take any one of the following actions 1) Adopt the ordinance subject to future adoption of standards and criteria, 2) Not adopt the ordinance and junk the proposal, or 3) Modify the proposal based on evidence presented at the public hearing Mayor Schwartz declared the public hearing open Clayton E Clement, Attorney representing the CiTizens for Environmental Balance and Economic Stability (CEBES), and the San Luis Obispo County Building Contractor's Association, stated that he felt the proposed or- dinance of the City of San Luis Obispo, while technically being legal, only looked at one half of the problem of over - burdened facilities, which was to IIST the deficiencies which could and eould prohibit development, if any of the criteria or standards which had not, as yet, been adopted could not be approved by the department head concerned He felt the ordinance is lacking provisions for the City to update or make the necessary improvements in order to alleviate the deficiencies City Council Minutes March 4, 1974 Page 5 He felt some of the problems of the ordinance relating to the criteria used by department heads and the delegation to the department heads of the City's Council power and duty to make decisions and plans for future City facilities He felt that the main lack of information available involved the City's failure to comply with its obligation to plan for and provide municipal service necessary for community growth He sub- mitted for the Council's consideration, an amendment to Ordinance 604 which would add section 2800 6 as follows "In applying this ordinance and in considering applications pursuant to the ordinance, the Council should be guided by the following principals which the Council hereby adopts as a statement of policy The Council shall implement by ordinance resolution or otherwise, the following principles A) The City has a duty to adequately plan for and construct the facilities described in Section 2800 on a scale necessary to serve the needs of the City's residents, both present and future B) It is the duty of the City to correct any deficiency in ex- isting services and facilities which are determined to be inade- quate by any department head making a determination under Section 2800 C) In connection with the City's duty to plan and construct pub- lic facilities described in sub - paragraphs A and B, the City shall embark upon a capital improvement program to plan and con- struct necessary public facilities for the City's future needs ' D) The cost of services which are either used and insured by the City as a whole or for which benefit a portion of the City's residents larger than the population generated by development or construction being applied for shall be borne by either the City as a whole or by that porTion of the City's residents deriving a benefit from the services E) No application for development or construction as defined in Section 2800 shall be conditioned upon exactions in whatever form which are not reasonably related to the needs generated by the benefits conferred by the proposed development F) In making the determination required in Section 2800, each department head shall make a specific finding as to 1) the precise effect of the proposed development on the relevant facility, 2) the degree to which temporary alternative measures such as rationing can be used to accomodate the proposed development until such time as the anticipated deficiencies would be corrected, 3) the extent to which corrections of any deficiencies would benefit portions of the City's population beyond the development proposed and the identity of others benefited, 4) the extent and nature of planned additions to the facility involved This rinding shall detail the antici- pated capacity of the planned addition to absorb new popu- lation The anticipated date of completion, the projected cost and shall state whether the necessary public and govern- mental agency approvals have been obtained " City Council Minutes March 4, 1974 Page 6 Clayton Clements concluded by stating that he felt the City was not doing a fair job for the citizens of San Luis Obispo in that they were not adopting adequate criteria and standards clearly defined before adopting the ordinance which controlled development He felt the I Council was not making proviswons to make the necessary improvements to the public facilities operated by the City Fred Strong, Director of Citizens ror Environmental Balance and Eco- nomic StabiliTy, submitted a statement for Council consideration stating that the CEBES fully agreed that the basic problem of pro- viding adequate service for the present and future residents of the City should be solved as quickly as Dossible with minimum disruption to or inconvenience for residents and business interests of the area They also agreed with the concept underlying the proposed Ordinance No 604 and they would support the ordinance if properly amended and implemented He felt the ordinance itself could not validly be sep- arated from the criteria to be applied in administering the ordinance He felt that if the City established prerequisites for criteria at levels more appropriate for long -range goals, they did a disservice to the City If they proposed service levels above present levels of actual service for the benefit of the entire community and then hand the bill to only one segment of the community, he felt that would be a gross injustice to the new developers He also spoke in support of the amendment To Sec- tion 2800 6 as submitted by Mr Clement, the attorney He concluded his statement after review of per capita standards of the number of California cities by stating that Ordinance 604 proposed was overly sim- plistic and open to serious abuses in implementation He felt the amend- ment proposed for the ordinance could be modified so that it would guarantee a reasonable degree of equity in its apDlication He suggested that a ' citizens' task force in the meantime could assess the community's de- sire, ability and willingness to pay for those desires in the area of standards of service and facilities He felt such a task force could evolve into an action group which would spearhead practical actions to provide the Dublic support necessary to implement positive steps to a- chieve the elimination of existing deficiencies and initiate a program to move toward desired goals He felt that as a city, we were faced with problems and that as a united community, these problems could be solved without putting one neighborhood against the other or one in- terest group against another He felt the proposed amendment and the subsequent adoption of the ordinance with proper standards and criteria would be a reasonable first step toward an equitable and reasonable so- lution to the problem of overburdened facilities Mrs Huqhs, secretary /manager San Luis Obispo County Building Contractor's Association, felt that her association was not opposed in principle to Ordinance No 604, but she stated that the organization relt The ordinance must be rewritten in order to make a document that was workable and viable to the citizens of San Luis Obispo, She also felt that the City Council must come up with both a plan and the finances necessary to eliminate de- ficiencies in public facilities that served San Luis Obispo It was her feeling that if the ordinance was passed as presently written, it would force a number of builders and the attendant workmen to leave the City of San Luis Obisop as it was their feeling that construction would come to a standstill She concluded her remarks stating that her organization also ' supported the amendment presented by CEBES Dennis Wheeler, building contractor, stated that he felt in his own mind that Ordinance No 604 was without a doubt a no- growth ordinance for the City He felt that adding this additional burden to permit procedures was dust another attempt to hold up and hassle a builder or developer with further costly delays in attempting to build or develop in the City City Council Minutes March 4, 1974 Page 7 He further stated that these procedures would without a doubt increase the cost of improvements and that tents would go up and building would prac- tically come to a standstill He wished to remind the City Council it was not the builder or contractor who paid the extra cost, but the person who ' was the ultimate purchaser of the dwelling He felt that all this ordinance would do was force the people in construction to move out of the City to live and work He also felt that this ordinance would force development of housing outside the City which was the only place that construction would be allowed in the area as this City Council was determined to stop construction He urged the Council to forget this ordinance and move ahead with good planning and also to spend some money on improving the City's public facilities John Thompson, life -long resident of the City of San Luis Obispo, was op- posed to the provisions of Ordinance 604 as he felt the ordinance would stop new construction and would not allow new businesses to come to town and prepare Jobs for their children and he felt that ultimately everyone except people connected with the college as students or on the staff would be forced to leave town He felt that this was a wrong action by the City Council Bob Neal stated that he was opposed to the adoption of Ordinance 604 as it was not good for the citizens or the City of San Luis Obispo Mrs Barger, senior citizen, was opposed to the adoption of Ordinance 604 as she felt it was Just one further action to stop development in the City Jim Sundland, contractor, stated that he was opposed to the adoption of ' Ordinance 604 as he felt it would Just add additional cost to building, which was practically being prohibited at this time within the City Roger Brown, contractor developer, stated that he was opposed to this or- dinance and that he felt that if the Council was determined to proceed they should include the amendments presented by CEBES Ed Halliday, construction worker, stated he was vehemently opposed to the provisions of Ordinance 604 and hoped the council would Junk it Gerard Parsons, property owner - businessman, opposed the provisions of Ordinance 604 as he felt it was Just one more way of stopping or slowing down building construction in San Luis Obispo He urged the Council that if they insisted on proceeding with this ordinance, that they adopt the amendments suggested by CEBES He also stated that instead of buying golf courses and open space, the City Council should take the $260,000 mentioned and start spending it in correcting deficiencies in their sewer, water, streets, parks, etc Howard Cummings, construction worker, stated that he was opposed to the Council adoption of Ordinance No 604 John Ross, architecK , stated that he was opposed to the ordinance, and he suggested that the City Council, rather than find ways of holding up pro- jects, should reorder their priorities and get their public utilities and ' facilities in order He felt that the City Council should,) start doing their Job and correct the City's physical plant and get the City facilities in order He mentioned the increased taxes that the taxpayers had been pay- ing and the windfall that developed in the City Council in their adoetion of the Utility Tax ordinance City Council Minutes March 4, 1974 Page 8 Fred Schott, engineer, stated he felt thaT Ordinance 604 was a limited growth ordinance and without a doubt would increase costs to people who were trying to buy a home to live in, within the City of San Luis Obispo He felt it was wrong and should not be adopted ' Robert Barrows, 770 Meinecke Street, asked why the City department heads did not speak up when the operations under their concern had a problem He fell that had the department heads been allowed to speak up over the years, the City's facilities would not be in the condition in which they appeared to be in at this time He did not feel that Ordinance 604 was the answer and that the Council should Droceed with plans to correct what- ever deficiencies existed Bruce Petrowski, resident, felt that Ordinance 604 was not a limited growth ordinance, but felt that the Ciry should know the condition of public facilities and that this report should be made available to all people who were interested Mike Maino, lifetime resident of San Luis Obispo, felt that Ordinance 604 was not properly thought out, he felt that the standards and criteria should be developed and adopted first, and then write an ordinance that would cover the criteria in an easily understood manner Glennadeane Dovey, President of the League of Women Voters, submitted a statement on behalf of the League of Women Voters on Ordinance 604 She stated That the local League of Women Voters had long been concerned with the way in which the City of San Luis Obispo grew She continued that over The past 12 years, the League had undertaken many studies on various aspecTS of planning including the City's ability to challenge growth in a way that was beneficial to all citizens The League membership supported all measures for planned, orderly growth and development, and for the protection of land, water and air resources with emphasis on high stand- ards of environmental quality They also supported all enforcement measures and implementation procedures needed to attain such standards Based on these support positions, the League of Women Voters of San Luis Obispo urged the City Council to adopt the proposed City facility ordinance, Or- dinance 604 as printed She continued that if the City was able with re- lative certainty to assure each homeowner and businessman adequate water, sanitary and protective services, then it was essential that development of City services be coordinated with the new growth She felt that the current water problem in the southerly Dart of the City with the resulting building moratorium might have been avoided had such an ordinance as 604 been in effect at the time She felt that there was a tendency on the part of all citizens to wait until There was a crisis or a tragedy before adjusting or reappraising procedures She felt that Ordinance 604 would help San Luis Obispo act prior to the crisis stage She wanted to make special note that Ordinance 604 as printed did not require the City Council to deny development if any of the Specified services were deficient The final judgment concerning adequacy in regard of health, safety and welfare; lay with The City Council As to proposed amendments, the League felt that since The ordinances provided were a simple and specific outline of procedures it should not be complicated by the addition of principles which were ir- relevant to the intent of the proposed legislation The issue of financing public facilities was of such magnitude that it should be included in an entirely separate consideration anD not covered by the facilities ordinance Mrs Dovey concluded that following their study of the City fiscal struc- ture 1968, they felt very strongly that there should be broad public participation in the establishment of priorities for San Luis Obispo With continuous monitoring of physical and planning activities, the League had not changed its mind City Council Minutes March 4, 1974 Page 9 J B MacDonald, realtor and property owner, was opposed to the adoption of the Ordinance No 604 as he felt that the ordinance was considered to stop development in the City He gave several examples of property in which he had an interest that if they were destroyed by fire, he could not rebuild due to the lack of adequate facilities in the downtown City area Hal Boyle, representing the San Luis Obispo Building Trades Council, was opposed to Ordinance 604 as he felt it was a stop - growth, anti -labor or- dinance, and that if the council insisted on passing it that they accept the amendment of CEBES Marty Welde, representing ECOSLO, stated that they were in support of Councilman Gurnee and the adoption of Ordinance 604 as it was needed to control growth in order to meet proper public facilities and develop the community in an orderly way Tim Beadle, Chairman of the Citizens' Advisory Committee, presented a reso- lution of the CAC stating that it be resolved by the Citizens' Advisory Committee of the City of San Luis Obispo that physical development in San Luis Obispo should occur only after 1) the City had adequately planned for it 2) the City had sufficient facilities to support the new development He stated that he was personally in support of Ordinance 604 in order to establish development standards and criteria so that any development ' was done in light of adequate facilities John Holloway, Business Agent of the International Brotherhood of Electri- cal Workers stated he was in support of the amendment to the Ordinance 604 as proposed by CEBES and the Contractor's Association Charles Higgins, resident of the City, stated he was in support of CEBES and Contractor's Association suggested amendment Ellwood Smith, resident of the City, stated that he was in support of Or- dinance 604 and that City growth should be controlled so that everyone did not come to live here before utiliTies were installed and ready to serve them, making a burden on the people already living in the community Arthur Hawthorne, Perfumo Canyon Road stated that he was in support of Ordinance 604, but felt that the 5 day limit for department heads to re- port their negative comments was not sufficient time He felt that more time should be given to the sutdy of the negative conditions but felt that the ordinance provided an orderly procedure for development in the City He did not feel the amendment suggested by CEBES added anything to the or- dinance Lew Weigold spoke in support of City Government spending sufficient funds to update the needed public facilities to serve the citizens of the community ' He felt the City Council was not taking care of the Droperty already within the City by serving it adequately with sewer, water and other public ser- vices He felt that until the CiTy Council could honestly state that they were serving the people of San Luis Obispo, they should not annex additional land to add additional burdens to their already overburdened facilities Scott Maugher, 149 Carpenter Lane, stated that he was in support of Ordinance No 604 as it would make San Luis Obispo a nice place to live City Council Minutes March 4, 1974 Page 10 Richard Barnhill, stated that he was opposed to the Council adoption of Ordinance No 604 as he felt that if this were adopted, he would be out of work William McKean, realtor, stated that he was opposed to the adoption of the ordinance and felt the City Council should assume the responsibility and run the City, which they were elected to do, and not pass the buck to the department heads to decide what should be built and what shouldn't be built David Burke, contracTor, stated that he was opposed to the adoption of Ordinance No 604 and felt the City Council should plan and spend public funds necessary to update public facilities within the City He felt that if the City Council insisted on passing Ordinance No 604, the CEBES amendment should be included Marvin Dee, resident, stated he was opposed to both the adoption of Or- dinance No 604 and the amendment proposed by CEBES He felt that there were sufficient laws on the city books now to do what Ordinance No 604 was supposed to do He felt that if the City Council would enforce the present laws, the problem would be solved Elizabeth Webre, Flora Street, president of ECOSLO, stated she was in sup- port of Ordinance No 604 She did not feel the ordinance was a no- growth ordinance, but felt that it was an attempt to control growth within the means of the City's public facilities and financial capability She felt thaT the citizens of San Luis Obispo would some day have to face to question of growth or no- growth due to the economic impact on the taxpayer Joe Caracas, architect, urged the Council to support the ordinance so that the City Council could get a handle on public facilities and on their cost He was opposed to the amendment proposed by CEBES, but he urged that the City Council employ a cost benefit technique to measure future develop- ment in the City of San Luis Obispo, particularly before approving any annexations or large developments He felt the Council should know the cost benefit ratio of each development in the City Rose McKean, realtor, stated that she was opposed to the ordinance as she felt that The ordinance would Just increase the cost of buildings within the City and she asked where would the people live if they could not af- ford to rent or buy homes She would support the amendment as proposed by the Contractors's Association William Alexander. Slack Street, stated he was in support of Ordinance No 604 and against the amendment as proposed by CEBES He felt that this meeting would show the City Council that the people wanted the pub- lic improvements put in first class condition and they should get on the Job of doing it Jimmy Jones'opposed the ordinance but supported the CEBES amendment Warren Dolezal, builder, felt that Ordinance No 604 was not needed He felt that there were sufficient regulations on both the state and City books now to do Just what Ordinance No 604 purported to do He gave, as an example, his development under construction on Lower Higuera Street , Jack Foster, resident, stated he was opposed to Ordinance No 604 with- out first presenting and adopting the standards and criteria so that people who worked wiTh development knew what the criteria would be prior to starting development City Council Minutes March 4, 1974 Page II Frank Hendricks, 495 Buena Vista, discussed growth philosophy for Council consideration He was in support of Ordinance No 604 without amendments as offered by CEBES He felt that the ordinance would require the City Council to be aware of the conditions of all public facilities before any- one was allowed to develop Mayor Schwartz declared the public hearing closed 9 35 P M Mayor Schwartz declared a recess 9 50 P M meeting reconvened with all Councilmen present Mayor Schwartz requested Department Head comments D F Romero, City Enqineer, stated that he had two concerns with the pro- posed ordinance 1) The wording of the ordinance states that a building permit cannot be issued until the Department Head certifies as to the adequacy of the facility If for some reason a Department Head is able to have gold - plated standards adopted, he can, by his sole determination, either restrict building or force an unwarranted emphasis in City expen- diture to upgrade the facility in one department 2) Mr Romero's second concern involved the multiplicity of needs which the Council will receive from each department, each carrying with it a prohibiTion against building If the City ooncientiously attempts to meet all these needs as rapidly as possible, the City Council would loose the flexibility it now has in weigh- ing other alternative improvements Councilman Gurnee stated that he was in support of the adoption of Ordinance ' No 604, and felt that the ordinance was a sound concept for City development He continued that this ordinance had shown the council, staff and public that _ the City did not have any idea of the condition of its public facilities or the capabilities of the facilities that had been installed He felt that if this ordinance was not adopted, the City would continue to operate as _ they did now, a staff system that caused the Los Osos Valley moratorium, contributed to flood conditions and other problems in the City He felt that what this ordinance would do was make department heads act responsibly in operating their departments As far as the public facilities were con- cerned, he urged the Council to adopt Ordinance No 604 without the CEDES amendment and stated that the ordinance should not be operative until cri- teria and standards had been adopted after public hearing He felt that a council committee should be appointed to review the criteria and stand- ards for inclusion in the ordinance Councilman Norris asked that the summary of the Maino letter dated March I, 1974, be included in the record Summary as follows This ordinance was unnecessary 2 The concept set forth in the ordinance should apply to subdivisions and annexations only 3 The ordinance was poorly written ' 4 The ordinance was inconclusive 5 The ordinance discriminated against present land owners within the City as well as future residents of the City 6 The ordinance was unfair in that it provided only for disapproval of an application based on the unrestrained whim or caprice of single department heads and further provided no relief to the applicant from an unreasonable position by a department head City Council Minutes March 4, 1974 Page 12 7 The ordinance wasn't workable in that it established no time limits for any of the required actions 8 The ordinance wasn't workable since neither the staff nor the Planning Commission of the City of San Luis Obispo had the time with present personnel to process the volume of re- ports or public hearings contemplated by this ordinance 9 The ordinance was costly It would effectively prevent ex- pansion or growth in the assessed valuation of the City and at the same time, if properly administered, would require vastly increased staff and staff time Councilman Norris felt that this ordinance was all encompassing and felt that the provisions of the ordinance should be put into a vote of the people, as they would be the ones who would be required to pay the bill as the City moved ahead with these improvements He also felt that the ordinance would definitely shut down development due to incomplete infor matron on existing public facilities which could not be certified He also felt that this ordinance would force the City Council to spend great sums of money to make the existing public facilities work much less to help new development He felt the ordinance should not be considered until a complete study had been done on the standards and criteria of facilities plus an accrued inventory of the City existing plans He also objected to department heads using national standards for development For example a fire station, parks, personnel, etc He also opposed to adopTing this ordinance that,was not needed and would only cause more problems for devel- opers in the community He did agree that the City staff should continue to acquire The information of actual condition of the City's physical plant , and to pinpoint areas of deficiency in public facilities so that the Council could expend funds in an intelligent way to correct the deficiencies He urged the City Council to dunk the ordinance Councilman Brown felt that the City Council acted hastily in passing Or- dinance No 604 to print He felt the ordinance was adopted to print with- out full information He also felt that the City Council should take no action but have the staff look into amendments as suggested by CEBES He felt that there was no rush and that the Council should take time to look into all the facets of the proposal He felt that the ordinance was simple but too, all encompassing and could be very dangerous if enforced to its ultimate Councilman Graham defended the City Council's past action in spending pub- lic funds in improving public facilities He continued that he did not feel that this was a no- growth ordinance He fell it was an ordinance to force the City to supply adequate public facilities to the residents and he was in support of the adoption of Ordinance 604 without amendment Mayor Schwartz stated that he was in support of Ordinance No 604, felt there was a need for the information on public facilities that this or- dinance required He also felt that the establishment of standards and criteria would make full knowledge available to all developers of condi- tion of public facilities He continued that had this ordinance been in ' effect, there would never have been a moratorium in the Los Osos - Lower Higuera area, because not only would the City have known the conditions of the public facilities but the developers would also know the conditions and capabilities of the public facilities He stated that he wished that the City had 100% perfect public facilities and that they were all in ex- cellent condition to serve the needs of the public But he felt to bring all these facilities uo to date at this time would require a tremendous amount of expenditures of public funds and he wondered who would pay the bill City Council Minutes March 4, 1974 Page 13 He felt that this ordinance required the department heads make a responsible study and notify all developers and builders whenever the City could not serve a specific proposal The Mayor agreed'that a task force of repre- sentative citizens of the City with Council members should be organized to meet and study the City's facilities and possibly to include ways to finance whatever improvements were felt necessary by The task force He also felt this task force should consider increases in City service charges and rates in order to pay for facilities and they could also look into the matter of bond issues, whether they be general bond obligations or revenue bond issues, to pay for facilities He agreed with the spirit of the ordinance but felt that in the interest of community harmony that the Council should continue consideration of this ordinance, that they form a task force with an established time limit to study the City's facilities, and develop a recommended method to correct these facilities for the Council's considera- tion Councilman Brown felt that this was the thing he was proposing in arriving at a solution to the overburdened facility problem The City Council discussed the Mayor's proposals and the means of accomplish- ing his suggestions Councilman Gurnee felt that the fact that the staff had been unable to come up with criteria standards shows that there was a need for the adoption of Ordinance No 604 He felt the ordinance should be adopted now and not be operative until the studies of existing conditions had been made and cri- teria and standards had been accepted Councilman Norris stated that he was in support of Mayor Schwartz's sug- gestion He felt that the information was needed before adopting any new ordinance Further, he felt the staff should continue their studies but that he would agree with the appointment of a citizens' committee to study the overall City public facilities, make an inventory and make recommendations to the City Council on updating the facilities Councilman Brown felt that until the Task force had completed their studies, the Council could adopt the policy directing staff to review public facilities prior to granting permits, etc A J Shaw, City Attorney, stated that unless the Council adopted an emergency moratorium ordinance, the department heads could not deny permits if approval is merly ministerial under the provisions of other ordinances Mayor Schwartz again suggested that a task force should consist of a repre- sentative of the Contractor's Association, the real estate industry, mortgage finance industry, environmentalists, development representatives, Council members and possibly CEBES After discussion, the City Council authorized the Mayor to submit names for membership on the Task Force at the next Council meeting for Council con- sideration and approval On motion of Gurnee, seconded by Graham that the City Council adopt Ordinance No 604, pending approval of criteria and standards to direct the Mayor to submit names for membership on a task force and staff to continue develop- ment of Criteria Councilman Brown stated he was opposed to adoption of the ordinance but he would allow the task force to make their studies and recommendations to the City Council City Council Minutes March 4, 1 974 Page 14 Councilman Norris stated he also was opposed to the adoption of the or- dinance without prior consideration of criteria and standards and also a report from a City task force on existing facilities Councilman Gurnee called for a vote on his motion to adopt and finally pass Ordinance No 604 Final passage of Ordinance No 604, lost on the following roll call vote AYES Gurnee, Graham NOES Brown, Norris and Schwartz It was moved by Mayor Schwartz, seconded by Councilman Brown that the City Council continue consideration of Ordinance No 604, Thar the Mayor be authorized to submit names for ad hoc citizens' task force to evaluate resources of the City, to make recommendations to the City Council now deficient resources could be corrected and how to finance and update these resources, with the City staff to continue to update criteria and standards, and that the task force and staff report their recommendations back to the City Council within si /ty days Motion carried on the following roll call vote AYES Schwartz, Brown and Norris NOES Gurnee, Graham With the Council's permission the City Clerk read the following letters into the record dealing with Ordinance No 604 Communication from Marion J Holley, 1477 Oceanaire Drive, supporting the City facility ordinance Communication from Loretta Rice, 1638 Calla Street, opposing the adoption of Ordinance No 604, without prior consideration of cost to construct( --1 necessary facilities to correct overburdened public utilities 5 Continued discussion of correcting drainage facilities on the Boriack property on Broad Street D Romero stated that the Waterways Planning Board had again studied the drainage problem involved in the Boriack property, and felt that The waterway should be improved across Broad Street and to the rear of the Boriack garage and that the remainder of the waterway should remain in its natural state Councilman Gurnee stated that the Waterways Planning Board felt that the first part of this drainage channel should be improved, That The remainder should be kept in iTs natural stare and requested on behalf of the Water- ways Planning Board that the City Council proceed and order the improve- ments installed A J Shaw, City Attorney, asked if the City Engineers had discussed this matter with Mrs Boriack since the discussion several months ago City Engineer stated no, he had not discussed this matter as he felt that Mrs Boriack was opposed to the proposal Mrs L Boriack appeared before the City Council, stating that she was OD- posed to the City proposal, she did not wish to sell or give her property to the City for drainage improvements, she had not changed her mind since the last time she discussed this with the City Council, and she said she was quite disturbed that after spending quite a few hours with the City Council discussing thisllast fall, at which time the City Council decided City Council Minutes March 4, 1974 Page 15 they would not condemn her property for drainage, not they were back again going through the same thing She stated she was opposed to it and that the City would be forced to pay for her land A J Shaw, City Attorney, suggested that the City Council refer the matter to him for preparation of documents for acquisition of the drainage ease- ments for the Boriack property for the updating of appraisals and neces- sary legal documents On motion of Graham, seconded by Brown, the matter was referred to the City Attorney for preparation of the necessary documents for acquisi- tion of the drainage easement on the Boriack Droperty 6 City Council considered the request of Don Krall requesting that the City Council allow the card rooms within the City to operate on a 24 -hour basis This matter was continued from the January 21, 1974 meet- ing Sqt Clifford Chelquist, San Luis Obispo Police Department, submitted a re- port to the City Council that the police department had studied the matter and that they felt that amending the Ordinance to allow a 24 -hour operation would create no significant enforcement problems However, due to an ob- jection by a resident of Baywood Park, the matter was referred to the Police Department staff to research the matter further and return with a recommenda- tion Sqt Chelquist continued that they had consulted other cities who licensed card rooms that remain open after hours of 2 00 A M and found little or ' no Justification for retention of the 2 00 A M closing time In fact, in this survey one City felt that it prefered the control situation of the card room to that of not knowing how and where poker games were being played Therefor, the police department recommended that the ordinance be amended to delete the 2 00 A M closing time Mr Charles Willits, Baywood Park, stated that he did not feel that leaving card rooms open on a 24 -hour basis was a good thing for the community but that without the report that he submitted to the police department being made available to the City Council, he had nothing else to add Don KralI spoke on behalf of allowing a 24 -hour operation of card rooms within the City He stated that as an operator of a card room within the City, he did not contemplate being open 24 hours a day every day of the week But he felt that there were times when a group of local citizens were playing Doker until 2 00 A M and they wished to continue playing but by law he was forced to close and send them on their way and he knew that many times they went somewhere else to play He felt in this way at least they would be under a controlled environment available for surveillance by the police department He thanked the City Council for whatever consideration they wished to make Councilman Graham was opposed to allowing the 24 -hour card rooms operations within the City He even questioned the possible need of any card rooms at all being allowed to operate There being no further discussion On motion of Councilman Norris, seconded by Councilman Gurnee, the following ordinance was introduced and passed to print ORDINANCE NO 609 (1974 Series) City Council Minutes March 4, 1974 Page 16 an ordinance of the City of San Luis Obispo amending the Municipal Code to permit the operation of card game businesses on a twenty -four hour basis by repealing previous provisions against operation between 2 00 A M and 6 00 A M Ordinance passed to print on the following roll call vote AYES Councilmen Brown, Norris, Gurnee , and Mayor Schwartz NOES Councilman Graham 7 The City Council again discussed the maTter of screening being constructed on the Santa Rosa street overcrossing of 101 Highway in light of the pedestrian count submitted by the Public Works Department for Thursday, Friday and Saturday, February 14 - 16, 1974 City Council felT That in view of these traffic counts there was really no need for this type of constructcon On motion of Mayor Schwartz, seconded by Councilman Gurnee that the City Clerk be authorized to write a letter to the local office of the Department of Transportation stating that the City Council wished to go on record that they oonosed the project of placing the fence on the Santa Rosa overcrossing, that'the Department of Transportation not put fences on any other overcrossing in the City, and if the local office could comply with the request, then the City Clerk was To ask the Department of Transportation whom the City Council might contact to notify of the City's objections to this hideous construction Motion carried 8 Memorandum from Fire Chief Schlobahm establishing certain conditions That he felt should be required of ECOSLO if they were to allowed To continue their use of the City's property for recycling op- erations He felt 1) that any future agreement with ECOSLO should include a require- ment that all items not essential to continued operations of the recycling center be removed from the premises within 30 days, including the unused baler and many 5- gallon pails 2) That the insertion of the screening redwood slats be compleTed within thirty days in a manner satisfactory to the City Engineer 3) That all equipment, containers and materials remaining after the 30 day deadline be relocated to an area twelve feet wide by 200 feet long south of the chain link fence adjacent to the entrance road to the sewer facility, to be done no later than Play I, 1974 The relocation was nec- essary so that paving of the training center could be accomplished prior to the end of the budget year A representative of ECOSLO stated that all the conditions set by the Fire Chief were satisfactory to ECOSLO, and that they would cooperate First, they had been removing the five gallon pails mentioned by the Chief Further, they would move the baler The first chance they had They had been having trouble with the screening of the cedwood slats which were supplied by the City The redwood slats were to fit within the chain link fence on a diagonal, but it turns out that it is impossible to slide them in due to their size They are now trying to install them in a vertical manner, but due to the length of the sticks they would all have different tops The ECOSLO was planning on continuing their project and at the end would saw off the tops of all of them evenly so that the fence looked nice They would also cooperate by moving their equipment to whatever area the Fire Chief deemed desirable City Council Minutes March 4, 1974 Page 17 City Clerk was instructed to write to Mr Connally on the action being taken by the City through Zone 9 of the Flood Control District and re- quest made to the Department of Transportation for improvements 12A and 12B) Continuation on the public hearing on the appeal of Chumash Village from the amendment to its use permit A J Shaw, City Attornev, presented for the City Council's consideration a resolution approving the addition of criteria for mobile home parks I o the Water Department Director's report of November, 1972 This criteria would allow recognition of factors unique to mobile home parks, and permit certain optional water supply practices in conjunction with mobile home park development It would include A) static water source B) Dortable pumping facilities C) volunteer fire supression personnel, approved by the City Fire Department Richard B Wood, attorney representing the owners of Chumash Village, stated that he'agreed,wi�th the conditions as proposed by the resolution and the Water Director, he accepted the conditions and requested that they be al- lowed to expand their mobile home park at the rate of 6 units per month until the moratorium was lifted in November, 1974 On motion of Gurnee, seconded by Brown, the following resolution was intro- duced RESOLUTION NO 2569, a resolution of the Council of the City of San Luis Obispo approving the addition of criteria for mobile home parks to the Water Department Director's report of November, 1972 Passed and adopted on the following roll call vote AYES All NOES None ABSENT None On motion of Gurnee, seconded by Graham, the City Council granted the ap- peal of Chumash Village from the conditions of the moratorium subject to the implementation of the criteria in the resolution Motion carried 13 Communication from William E Flory, Director, Parks and Recreation Commission forwarding the recommendation of the Parks and Recreation Commission regarding improving the lighting system at Santa Rosa Park The proposal was that the City would Day for material for a•metal arc -type system which sould increase the amount of light at Santa Rosa Park and a commitment was made by Pacific Gas and Electric Company that if the City would pay Tor the material, the PG&E Company would provide the manpower and equipment to install the lights With this type of lighting proposed, On motion of Brown, seconded by Graham, that the City Council approve the recommendations of the Fire Chief, that the agreement with ECOSLO continue on a month to month basis with the conditions listed Motion carried ' 9 Communication from John B Connally, President, C L Smith PTA, expressing concern for adequate drainage for the City of San Luis Obispo at the culvert under Highway 101 at the Los Osos interchange City Clerk was instructed to write to Mr Connally on the action being taken by the City through Zone 9 of the Flood Control District and re- quest made to the Department of Transportation for improvements 12A and 12B) Continuation on the public hearing on the appeal of Chumash Village from the amendment to its use permit A J Shaw, City Attornev, presented for the City Council's consideration a resolution approving the addition of criteria for mobile home parks I o the Water Department Director's report of November, 1972 This criteria would allow recognition of factors unique to mobile home parks, and permit certain optional water supply practices in conjunction with mobile home park development It would include A) static water source B) Dortable pumping facilities C) volunteer fire supression personnel, approved by the City Fire Department Richard B Wood, attorney representing the owners of Chumash Village, stated that he'agreed,wi�th the conditions as proposed by the resolution and the Water Director, he accepted the conditions and requested that they be al- lowed to expand their mobile home park at the rate of 6 units per month until the moratorium was lifted in November, 1974 On motion of Gurnee, seconded by Brown, the following resolution was intro- duced RESOLUTION NO 2569, a resolution of the Council of the City of San Luis Obispo approving the addition of criteria for mobile home parks to the Water Department Director's report of November, 1972 Passed and adopted on the following roll call vote AYES All NOES None ABSENT None On motion of Gurnee, seconded by Graham, the City Council granted the ap- peal of Chumash Village from the conditions of the moratorium subject to the implementation of the criteria in the resolution Motion carried 13 Communication from William E Flory, Director, Parks and Recreation Commission forwarding the recommendation of the Parks and Recreation Commission regarding improving the lighting system at Santa Rosa Park The proposal was that the City would Day for material for a•metal arc -type system which sould increase the amount of light at Santa Rosa Park and a commitment was made by Pacific Gas and Electric Company that if the City would pay Tor the material, the PG&E Company would provide the manpower and equipment to install the lights With this type of lighting proposed, City Council Minutes March 4, 1974 Page 18 two - thirds less electrical power would then be used than was presently being consumed The possible additional COST that would be incurred after closer inspection might be overhead wire which would need re- placement at an approx mate cost of $90 Cross arms might have to be ; provided at approximately $200, and two poles should be guide and rain tyoe fuses should be installed Approximate total cost of the project _ for materials only would be $4,400 On motion of Councilman Brown, seconded by Councilman Norris to approve the recommendation and authorize purchase of the materials Motion carried On motion of Councilman Brown, seconded by Councilman Norris the following resolution was inrroduced RESOLUTION NO 2570 a resolution increasing the 1973/74 budget (Account 400 6, Utility Tax - Park and Recreation Capital Outlay, increased by $6,500 ) Motion carried on the following roll call vote AYES All NOES None ABSENT None On motion of Councilman Gurnee, seconded by Councilman Brown the meeting adjourned to 12 10 P M , Tuesday, March 5, 1974 APPROVED August 19, 1974 TRICK, CITY CLERK MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA March 5, 1974 - 12 10 P M City Hall Pledge Roll Call Present Myron Graham, T Keith Gurnee, Jesse Norris and Mayor Schwartz Absent John C Brown City Staff Present J H Fitzpatrick, City Clerk, R D Miller, Administrative Officer, A J Shaw, Jr , City Attorney, David Williamson, Assistant Admini- strative Officer, D Romero, City Engineer, E L Rodgers, Police Chief, W E Flory, Parks and Recreation Director, Pat Gerety, Associate Planner 10 Memorandum from the Planning Commission regarding the annexation of a parcel owned by the City at the southeast corner of Los Osos Valley Road and Madonna Road and recommending that the City Council approve the proposed annexation This is the proposed fire station site On motion of Norris, seconded by Graham, the following resolution ' was introduced RESOLUTION NO 2575 (1974 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GIVING NOTICE OF THE PROPOSED ANNEXATION TO THE CITY OF TERRITORY DESIGNATED AS THE "LOS OSOS ROAD - MADONNA ROAD ANNEXATION," AND SETTING A PUBLIC HEARING Set for public hearing on April I, 1974 Passed and adopted on the following roll call vote AYES Jesse Norris, Myron Graham, T Keith Gurnee and Mayor Schwartz NOES None ABSENT John C Brown II The City Engineer presented sketches showing various alternatives for improving Meinecke Street between Broad and Chorro Street with sidewalks as requested by the petitioners Plan A - was for sidewalks on both sides of Meinecke Street with a four -foot sidewalk area on both sides and reduced traffic way Plan B - was for sidewalks on both sides of Meinecke Street with 6 foot sidewalk areas Plan C - was a plan with sidewalks on both sides of Meinecke Street with an 8 foot walkway Plan D - was with sidewalks on the southerly side of Meinecke Street only and 8 foot walk City Council Minutes March 5, 1974 Page 2 CiTy Engineer explained the benefits of each plan and recommended that the Council accept alternate B which would be a City standard if trees were not required to be planted in a sidewalk area If they were required in a sidewalk area, then the sidewalk area should be wider Councilman Graham stated that he supported alternate A, The four , foot sidewalk width, with the property owners to improve the driveway ramps Councilman Norris stated that he supported alternate B with the possibility of assessing the improvements to the property owners With no assessment, he felt the City could put in the minimum sidewalk without trees and let the property owners correcT their own driveways Councilman Gurnee stated he supported alternate A with the property owners putting in the driveway improvements, although he felt that the property owners should be shown the four alternates and IeT them make up their minds as to the type of construction they wished and what contribution they would like to make to the project Mavor Schwartz felt the City should support alternate B, and not always stay with a substandard width He felt the property owners should put in the driveway ramps and property owners should also pay for trees under existing street tree planning project of cooperation with the City On motion of Norris, seconded by Schwartz that the City adopt alternate B, with the property owners paying for driveway modi- fications, and property owners offered to participate in the tree I planting behind the sidewalk if they so desired Motion lost on the following roll call vote AYES Norris and Schwartz NOES Gurnee and Graham On motion of Gurnee, seconded by Graham, that the City adopt alternate A or B with the property owners to pay for driveway improvements with option on street trees and let the property owners decide the contribution Motion lost on the following roll call vote AYES- Graham and Gurnee NOES Norris and Schwartz The marter was continued to the next Council meeting, March 18, when the full Council would be present 14A) Jim Stockton, Assistant Director, Parks and Recreation, submitted the following communication That the subcommittee studying the feasibility of constructing a community building in Meadow Park had through meetings in the area with the residents, through house to house survey, and through discussing the results of these meetings with staff personnel arrived at a decision concerning the immediate building needs It recommended that a small, multi- purpose building be constructed in Meadow Park The facilities should include restrooms that served both indoor as well as outdoor activities Ti here should__bLe a large room, City Council Minutes March 5, 1974 Page 3 1,000 to 1,200 square feet, storage of about 150 square feet and combination room of 150 square feet The large room should be capable of being divided into smaller units with folding doors It would be desirable if the large room opened on the hard service patio area where indoor activities could spread out of doors The subcommittee recommended that the City Council authorize the architect that had been selected to prepare preliminary plans to include floor plan, elevations, types of construction and an estimate of construction costs 146) Communication from James H Maul, AIA submitting architectural service contract for the community recreation facility in Meadow Park On motion of Norris, seconded by Graham, that the City Council approve the recommendation of the subcommittee and that the architect be authorized to proceed with the preparation of the necessary preliminary plans and authorize the Mayor to sign a contract with the architect Motion carried Councilman Gurnee hoped that in designing the building, more office space might be included to house some of the social service organizations and operations that served this portion of the community 15) D Romero, City Engineer, submitted a report from the State DepartmenT of Transportation regarding bike facilities and landscape planning by the State in connection with the Broad Street widening oroiect He stated that the State was planning graded but not paved shoulders in the rural areas, but was not making any provisions for bike lanes within the City The State suggested that bike lanes could be provided if the City wished to eliminate curb side parking The engineer continued there was a good possibility that the state would provide the tree planting wells if requested by the City, but would not provide the lids or the trees The City Engineer offered to continue negotiating with the State for construction of the wells and locations satisfactory to the various city committees involved in the tree planTing The City Council discussed the letter and comments of the City Engineers and the matter was continued for review of the final plans 6f the street widening by the Division of Highways 16) The Council's consideration of the final map of Tract No 523, The Fig Tree, a condominium subdivision, located at the corner of Morro Street and Peach Street The City Engineer reported that all the improvements had been installed in accordance with the subdivision map and the subdivision agreement, but that one question continued and this was the allocation for park dedication or fees in lieu of park dedication Because of the extraordinary high cost of land in the downtown area, the in -lieu fees for this small parcel of land would cost the subdeveloper 56,859 92 for the 10 apartments It was the staff's feeling that when the original formula was adopted, the staff had not antici- pated application in a high -value land, and it would appear that park dedication fees approaching $700 00 per unit would be excess save Therefore the staff recommended that a $150 00 per unit charge be applied on this development as was being done on other developments until the staff had had an opportunity to study the overall City park needs and modify the amount of money needed for park development City Council Minutes March 5, 1974 Page 4 Councilman Gurnee disagreed with the staff recommendation and felt that the full price was in accordance with the ordinance He said that parks must be developed at high cost in high land value areas to serve the residents of these developments, he felt that $150 00 per unit was not a logical cost for park deve- lopment Councilman Norris stated he was for the arbitrary assessment recommended by the staff which he felt would be fair To all property owners until the complete study on park needs has been submitted D Williamson, Asst Administrative Officer, suggested that the Council adopt the staff recommendation on an interim basis until the Park Master Plan was completed later on this fall, where a complete cost breaddown of needs would be available On motion of Norris, seconded by Graham, the following Ordinance was introduced ' ORDINANCE NO 610 (1974 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE SUBDIVISION ORDINANCE IN THE MUNI- CIPAL CODE TO LIMIT THE IN LIEU FEES FOR PARK DEDICATION PURPOSES TO A MAXIMUM OF $150 00 PER DWELLING UNIT UNTIL DECEMBER 31. 1974 Passed and adopted on following roll call vote Ayes Norris, Graham, Mayor Schwartz Noes Gurnee AbsenT Brown The staff was authorized to accept park dedication fees of $150 00 per dwelling unit pending the final hearing on the adoption of Ordinance 610 On motion of Graham, seconded by Norris, the following Resolution was introduced RESOLUTION NO 2571 (1974 Series) A RESOLUTION APPROVING THE FINAL MAP OF TRACT 523, FIGTREE CONDOMINIUMS (KAMM- VOLNY) Passed and adopted on the following roll call vote Ayes Myron Graham, Jesse Norris, Mayor Schwartz Noes Absent CONSENT ITEMS T Keith Gurnee John C Brown C -1 Claims against the City of San Luis Obispo for the month of March had payments authorized subject to approval of Admin- istrative Officer C -2 Council consideration of City Council minutes of December 3, 10, and 17, 1973 and January 7 and 21, 1974 were approved and corrected Minutes of December 17, had two minor corrections 1 1 1 City Council Minutes March 5, 1974 Page 5 C -3 List contract payments and approve C -4 Communication from Stewart Williams, Show Chairman, Central California Australian Shepherd Fanciers, requesting permission to use a public address system by the operators C -5 Adopt n - RESOLUTION NO 2572 (1974 Series) A RESOLUTION INCREASING THE 1973 -74 BUDGET On motion of Norris, seconded by Graham, that Resolution No 2572 be adopted Motion carried, Councilman Brown absent C -6 Council consideration of a Quitclaim deed from John S Hickman for street widening purposes on Perkins Lane Accepted deed and authorized Mayor to record C -7 Council consideration of a Corporation Quitclaim deed from Maino Const Co Inc for street wideining purposes on Orcutt Rd Accepted deed and authorized Mayor to record C -8 Claim against the City of San Luis Obispo from Gladys L Lima, 298 Ramona Drive claiming sewage back -up on 2/14/74 Deny claim and refer to insurance carrier C -9 Request by the San Luis Obispo Acounty Association for the Retarded for permission to sponsor a Strong Bros Animal Circus, March 20 and 21 at Madonna Road Plaza Approve request of the County Association for the Retarded to hold the animal show at Madonna Road Plaza C -10 Council consideration to a resolution authorizing City participation in the State's Abandoned Vehicle Abatement Program RESOLUTION NO 2574 (1974 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE CITY TO PARTICIPATE IN THE ABANDONED VEHICLE ABATEMENT PROGRAM OF THE STATE OF CALIFORNIA Resolution introduced on motion of Norris, seconded by Graham Motion carried, Councilman Brown absent C -11 Continued consideration of communication from Kathy Scala regarding dumping of trash near 1353 Pismo Street (Continued from 2/19/74 for staff report ) Continue until receipt of report from Southern Pacific Railroad Hopefully the City will be able to lease the property C -12 A resolution making transfers to the golf course account Adopted on motion of Norris, seconded by Graham Motion carried, Councilman Brown absent RESOLUTION NO 2573 (1974 Series) A RESOLUTION INCREASING THE 1973 -74 BUDGET Account 400 16 be added to the Utility Tax Budget and be entitled "Golf Course Operation $10,000 00 appropriated to this account On motion of Councilman Graham, seconded by Councilman Gurnee, the meeting adjourned to 7 00 A M Wednesday, March 7, 1974 APPROVED June 3, 1974 H F RICK, CITY CLERK MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA March 6, 1974 - 7 00 A M City Hall Pledge Roll Call Present John C Brown, Myron Graham, T Keith Gurnee, Jesse Norris and Mayor Schwartz Absent None City Staff Present J H Fitzpatrick, R D Miller, David Williamson --------------------------------------------------------------------- I David Williamson, Assistant Administrative Officer, reviewed for the City Council a report prepared on Comparisons on Proposals for General Plans and Specific Plan Proposals from the following Planning consultants A) Kennard and Silvers B) Walter Richardson and Associates C) Williams and Mocine David Williamson reviewed the scope of each consultant's proposal, the background of each consulting firm and staff, the type of ' projects and communities served by each firm and the proposal in detail comparing one proposal against the other The City Council discussed various items with the Assistant Administrative Officer as he reviewed his comparison David Williamson suggested that the City Council might wish to appoint a subcommittee which would include representatives from the City Council, Planning Commission and staff and to allow the subcommittee to meet and interview each consultant in light of the proposals and then make a recommendation for retaining a firm to do the entire planning or portions of the planning as desired or recommended by the Planning Commission He also suggested that the City might wish to initially assign a portion of the proposed project to the consultant selected as a means of evaluating the City /Consultant relationship before signing a contract for the entire project 8 00 A M Councilman Norris left the meeting The City Council discussed the best approach to using consultants to pinpoint and make recommendations to solve existing problems and for a long -range planning of the City Council also discussed the basic philosophy of getting some needed planning done for the City by a consultant and letting the staff work along in order to keep up the plans The City Council accepted the recommendation of the Assistant Administrative Officer that a subcommittee be appointed as follows 2 members of the City Council - Councilmen Gurnee and Brown 2 members of the Planning Commission - the Chairman and one member appointed by the Commission I staff member, David Williamson The subcommitte was asked their interviews, meeting Council The meeting was adjourned APPROVED May 20, 1974 City Council Minutes March 6, 1974 Page 2 to proceed as rapidly as possible with s and make recommendations to the City ; by the Mayor at 8 45 A M , March 6, 1974 J itzpatn ck, City Clerk 1 1 r II LJI MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBIPO, CALIFORNIA Monday, March 11, 1974 - 7 30 P M CITY HALL Pledge Roll Call Present Councilmen Myron Graham, T Keith Gurnee, - Jesse Norris and Mayor Scwartz Absent Councilman John C Brown City Staff Present R D Miller, Administrative Officer and City Clerk Pro -Tem, A J Shaw, Jr , City Attorney, David Williamson, Assistant Administrative Officer, David F Romero, Director of Public Works I At the request of Mayor Schwartz, Richard Miller reviewed the third quarter CIP progress repoft of January 29, 1974, making verbal comments to update the status of CIP projects Among other developments reported were the retention of James Maul to develop plans for a community center building at Meadow Park, the comple- tion of recommendations to be included in a master plan study at Mission Plaza, the fact that bids would be called for in the next two weeks for the tank site preparation in the Edna Saddle and for purchase of pipeline materials for the major water project to serve the lower Higuera and Los Osos Valley areas, and current developments in connection with master planning and further phased construction of improvements at Laguna Lake Park 2 At this time, Mr Miller and Mr Shaw reviewed the status of various legislative proposals at the state and federal levels as called to the attention of our City by the League and as or- ganized and indexed by Mr Fitzpatrick As a result of these discussions, the Council asked staff to prepare individual letters for or against several bills, to be signed by the Mayor The following actions were taken Oppose AB 2259 requiring formalized hearing pro- cedures on rezonings Motion of Gurnee, seconded by Graham 2 Support AB 1998 making interest free loans avail- able for bike trails Motion of Gurnee, seconded by Graham 3 Support AB 2021 excluding management and confi- dential e6mployees from employee groups meeting and conferring under MMB Motion of Norris, seconded by Graham 4 Oppose AB 2610 involving damages in connection with down zoning Motion of Gurnee, seconded by Schwartz 5 Oppose SB 1210, forcing cities to buy out garbage collectors Motion of Mayor Schwartz, seconded by Graham City Council Minutes March II, 1974 Page 2 6 Oppose ACA 67, taking police and fire personnel out of local control Motion of Norris, seconded by Graham 7 Oppose AB 1800, providing Bill of Rights for police and fire personnel MOTIon of Norris, seconded by Graham Schwartz -Aye, Gurnee, No 8 Oppose AB 819, mandating overtime provisions for police and fire Motion of Councilman Graham, seconded by Councilman Norris 9 Oppose AB 1112, providing for agency shop Motion of Councilman Graham, seconded by Councilman Norris 10 Oppose AB 1483 providing increased retirement benefits for police and fire Motion of Mayor Schwartz, seconded by Councilman Graham II Oppose AB 16, CHP formula for police and fire Motion of Mayor Schwartz, seconded by Councilman Graham 12 Support SB 1693, providing for campaign expendiTure limitations Motion of Councilman Gurnee, seconded by Councilman Graham, Mavor Schwartz - aye, Councilman Norris - no 13 Oppose Ab 2942, reducing in lieu tax allocations by 5% Motion of Mayor Schwartz, seconded by Councilman Norris 14 Oppose AB 2041, extending disability benefits for peace officers Motion of Councilman Norris , second- ed by Mayor Schwartz The City Attorney was asked to bring back furTher infor- mation on AB 994 on environmental actions, AB 491 and 3097 on defense of police officers, SB 1372 on earthquake standards for emergency service buildings, AB 2673 on reserving 50% of sales tax on gasoline for transit purposes, SB 522 on employee - employer relations, AB 2090 on low- moderate income housing and SB 1495 on local code enforcement and rehabilitation programs 3 Mr Miller and Mr Williamson reviewed the status of negotiations with Woods Animal Shelter and the plans of the County to take over a comprehensive program of animal control The County Task force was inviTing representatives of all cities to a point session Thursday morning at 10 00 A M to review progress to date Robert Leitcher, who was a member of The Task force, was asked to comment on the program He indicated There would be an emphasis on conrrolling the actions of animal owners rarher than the old "dog catcher" approach The intent of the County was to develop a high quality program on a self supporting basis as much as possible However, he noted there was a possibility that cities would be ex- posed to a double taxation situation In furTher discussion, the Council agreed that, in view of negoTiations by the County to take over The Woods shelter or build a new facility, it would not be practical for the City to duplicate facilities However, City staff were directed to keep options open as much as 1 City Council Minutes March II, 1974 Page 3 possible so that, if the county program got too expensive or failed to be responsive, the City could take over portions of the program or the whole operation It was also agreed that, because of time elements, it was possible that the City and /or County might have to continue with Woods for a while after July I on a month to month basis 4 At this time, the Council asked for reports on various phases of flood control in the City Mr Williamson reported on the status of the Zone 9 work program and Mr Miller reviewed informational material received on the Flood Disaster Protection Act of 1973 The Council asked that the City Attorney and City Engineer review this literature in greater detail and report back April I on its implications as far as ordinance requirements and engineering aspects were concerned Mr Romero gave a report on the status of obstruction abatements and indicated this would be discussed at the Waterways board meeting Thursday Mr Williamson presented verbally a proposal by the Planning Commission to have an ad hoc committee study the possibility of requiring property owners along the creek to grant drainage maintenance easements to the City It was agreed that this should also be referred to the Waterways Board for recommendation 5 At this time, Mr Miller explained that the check list on various elements of the League's Action Plan was developed through a brainstorming session in connection with the City manager's spring meeting held in Newport Beach the end of last month Some suggestions were not practical but the list did provide some ideas to consider ' 6A Councilman Gurnee presented his proposal regarding bike paths dated February 20, 1974 including a recommendation that the ECOSLO Bike Plan be updated, the subdivision ordinance be amended to require new subdivisions to dedicate space and right of way for bike paths, and an ordinance be drafted governing the establishment of bike paths within the City as recommended by the City Attorney He then mentioned several groups which might be interested in work- ing on this program Mayor Schwartz said that eventually a bike plan should be included in the circulation element and this matter should be sTudied by the Planning Commission After further discussion, it was agreed that Mr Williamson should have the bike plan updated as the first step in implementation the program Mr Miller said he was including a bike path section in each CIP annual update for several years into the future 6B At this time, Councilman Gurnee reviewed his letter of February 20, 1974, regarding discharges into the creek near Tropicana He pointed out problems of overlapping Jurisdiction by several agencies in this type of investigation and suggested some type of control ordinance which would define authority and procedures The Council agreed it would be a good idea for Councilman Gurnee to continue looking into this problem if he had the time At this time, the Council authorized Mr Romero to order ornamental Communication was presented from Mr Flory asking for authority to accept free use of the driving range adjacent to the Laguna Golf Course as offered by the agent for the property The Council had no objection and Mr Flory was authorized to write such a letter on motion of Councilman Graham, seconded by Mr Norris The motion carried At this time, the Council authorized Mr Romero to order ornamental City Council Minutes March 11, 1974 Page 4 electroliers for the south side of Monterey between Santa Rosa and California leaving a single overhead wire to serve the street lights However, Mr Miller pointed out that wooden poles would still remain across the intersections until District 12 was formed, presumably some time after 1984 On motion of Councilman Norris, seconded by Councilman Graham, the Council adjourned to executive session at approximately II 00 P M APPROVED May 20, 1974 l itzpatrick, City Clerk 1 t Pledge Roll Call City Staff MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA Monday, March 18, 1974 - 7 00 P M City Hall PRESENT Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz ABSENT None PRESENT R D Miller, Administrative Officer, A J Shaw, Jr , City Attorney, Pat Gerety, Associate Planner, David Williamson, Assistant Adminis- trative Officer, D F Romero, City Engineer, W E Flory, Director of Parks and Recreation Dept , Don Englert, Police Captain, R A Paul, Water Dept Director I Council consideration of FINAL PASSAGE OF ORDINANCE NO 609 An ordinance of the City of San Luis Obispo amending the Municipal Code to permit the operation of card game businesses on a twenty -four hour basis by repealing previous provisions against operation between 2 00 A M and 600 AM The City Council discussed the ordinance briefly Mayor Schwarts declared the public hearing open No one appeared for or against the ordinance Mayor Schwartz declared the public hearing closed On motion of Councilman Gurnee, seconded by Councilman Norris, Ordinance No 609, an ordinance of the City of San Luis Obispo amending the Municipal Code to permit the operation of card game businesses on a twenty -four basis by repealing previous provisions against operation between 2 00 A M and 6 00 A M , was finally passed on the following roll call vote AYES Councilmen Gurnee, Norris, Brown, and Mayor Schwartz NOES Councilman Graham ABSENT None 2 7 00 P M -- PUBLIC HEARING -- on the recommendation of the Planning Commission to rezone, application No R -0444, Pacific Home Improvement Center to rezone the block between High, Emily, Roundhouse and Santa Barbara Avenue from M to C -H Pat Gerety, Associate Planner, reviewed this application for the City Council He stated the subject property was located within the block bounded by High, Emily, Roundhouse and Santa Barbara Avenue The current zoning of the property was M The property was developed with a home improvement center, beer distributorship, and warehouse which were heavy commercial uses, and the Building Contractors' Association office, a City Council Minutes March 18, 1974 Page 2 neighborhood commercial use He continued that surrounding land uses included mixed residential and heavy commercial uses to the west and heavy commercial uses to the north, east and south The San Luis Obispo General Plan indicated the general area in which the subject property was located as being appropriate for heavy commercial land use He concluded that it was the opinion of the Commission that the requested rezoning would not adversely affect the health, safety and welfare of persons living and working in the vicinity and would be appropriate to existing and surrounding land use No E I R was required Councilman Gurnee asked what the impact of the rezoning would be on water flows, sewer, and other City services D F Romero, City Engineer, stated that there would be no change in the sewer system He was serving the M zone now R A Paul, Water Department Director, stated that adequate water service was available to the site and could be developed by the applicant for adequate fire protection Mayor Schwartz asked if the property was under one ownership Pat Gerety answered that the property was owned by two people Councilman Graham inquired about fire hydrants Chief Schlobohm replied that there was no main on the railroad side However, there was a fire hydrant on each corner He continued that additional construction would need re- evaluation, and this would come with any application for permit Mayor Schwartz declared the public hearing open No one appeared for or against the rezoning Mayor Schwartz declared the public hearing closed On motion of Councilman Gurnee, seconded by Councilman Brown, the following ordinance was introduced and passed to print ORDINANCE NO 611, an ordinance amending the official map of the City of San Luis Obispo Passed to print on the following roll call vote AYES Councilmen Brown, Graham, Gurnee and Norris, and Mayor Schwartz NOES None ABSENT None 4 Presentation by the City Engineer of various alternatives for improving Meinecke Street between Broad and Chorro Streets (continued from March 4, 1974) D F Romero, City Engineer, reviewed four alternates A Provided for 4' sidewalks, 8' parking and 13' travel lanes B Provided for 6' sidewalks, 8' parking and 11' travel lanes, this cost would be $13,700 and the Engineering Staff recommended "B" City Council Minutes March 18, 1974 Page 3 C Provided for 8' sidewalks, 8' parking and 9' travel lanes, the cost of this project would be $15,500 D Provided for an 8' sidewalk only on one side, 8' parking lane and 13' travel lanes ' After discussion, Councilman Gurnee moved that staff approach the property owners on option "B" with proposal that the property owners pay for cost of driveway modifications They were also to be polled on whether or not they wished to participate in neighbor- hood tree program Motion was seconded by Councilman Brown and carried 5 At this time R C Muravez, Operations Officer, reviewed the request from the San Luis Obispo Garbage Company for a rate increase (Continued from 12717773 Councilman Norris asked when the last raise was requested by the garbage company R C Muravez stated the last raise was in 1970 He also added that there would be no change in the mode of service A J Shaw, City Attorney, suggested that the matter be referred to the City Attorney for preparation of an ordinance Councilman Graham asked if ECOSLO had made a proposal to the garbage company ' Mr Cattaneo said "no" He also made some brief comments regarding the rate increase He verified that there would be no change in the mode of service Mayor Schwartz opened the meeting to public input No one appeared for or against the increase On motion of Councilman Graham, seconded by Councilman Gurnee, that the City Attorney be directed to prepare the draft of an ordinance for consideration by the Council Motion carried, all ayes 6 Memo from A J Shaw, City Attorney, regarding "Bike Package" from the City of Davis continued from 3/4/74) A J Shaw, City Attorney reported that he had obtained the Davis Ordinance and suggested that the Council might wish to refer it to the Traffic Committee Mayor Schwartz felt it should go to the Planning Commission before it came back to the City Council Councilman Norris agreed with the Mayor's views Councilman Brown also agreed with the Mayor There being no objection, Mr Williamson was asked to review this with the Planning Commission and Citizens' Advisory Committee with particular reference to bike lanes on Los Osos Valley Road north of Madonna 7 Memorandum from Ma or Schwartz regarding proposed Ad Hoc Task Force on Resource Inventory continued from 3/4/74) Mayor Schwartz reviewed for the City Council his memorandum He felt that it would inform the people of the City as to what was happening City Council Minutes March 18, 1974 Page 4 Councilman Brown agreed entirely with the contents of the memo and felt it should be implemented as soon as possible Councilman Graham agreed Councilman Gurnee stated that he had given the matter great thought and that he had come to the opinion that he did not think this ad hoc committee would have as beneficial an effect as the other Council members felt it would He then recalled the Los Osos Valley water crisis and resulting moratorium He did not see how this talking could help while the problem con- tinued to get worse He felt the City would be asking a group of people to do the Council's work He concluded that he felt that the hearing should be scheduled for next month and that these pro- cedures be processed Councilman Norris stated that he was enthusiastic about the Task Force Committee and felt that standards would have to be set He did have some suggested changes in the Mayor's memo 1) Under Task Force Purpose, Mr Norris, wanted to exclude item No 6 (Storm Drainage System) 2) Under Membership Qualifications, Mr Norris wanted to add No 5 to include those citizens who participated in the public hearing held on the matter and who showed interest 3) Under Task Force Representation, Mr Norris felt that a minister should not be included and I possibly a member from the Parks and Recreation Commission should be included Councilman Brown felt that the City must go slowly and was very much in favor of the Task Force Committee Councilman Graham felt that anyone who was vitally interested should be able to attend He also stated that he felt it was a good point that the Park b Recreation factor was left out and he felt it should be included He also felt that the storm drainage system should be included Mayor Schwartz stated he had different feelings on this Task Force than either Councilman Gurnee or Councilman Norris He felt that an educational feature would be the opportunity to explain physical conditions to the citizenry He commented that he did not neces- sarily want the committee to zero in on Ordinance No 604, but to look at the overall problem He also stated that he felt strongly about land inventory and resources must be controlled more carefully Councilman Gurnee again expressed his desire not to hesitate on this matter and to go ahead and process Ordinance No 604 Councilman Norris supported the Task Force concept Mayor Schwartz stated this task force would assist the Council in I reviewing the criteria On motion of Councilman Brown, seconded by Councilman Graham that the Mayor's memo be adopted on the Ad Hoc Task Force and Resources Inven- tory and proceed with the task force as scheduled Motion carried, Councilman Gurnee voting no Discussion was opened to the public Citl Cc ncil Minutes Marc d, 1974 Page 5 Mrs Maritha Hughes, Contractors' Assn , said she would be happy to work with the City on this matter She also agreed that there was a need to look over these facilities and stated that the contractors know there was a problem Mr Robert Barrows, 770 Meinecke Street, spoke in support of the Mayor's suggestions Hal Boyle, Building Trades Council, felt this was a good idea, long overdue, and he was behind the City Council in their efforts J B McDonald felt the ad hoc committee was a good idea, but that the ordinance should provide for some population growth The big question was what the Council was going to do about facilities He asked why the City had not completed the Foothill loop He said the only growth going on was Cal Poly At this time, the hearing was closed 8 Presentation by the City Engineer of bike lane and bike routes study on Los Osos Valley Road between Madonna Road and South Higuera Street D F Romero, City Engineer, presented to the City Council the plans for bike lanes Mayor Schwartz felt that his recommendations should be accepted Mayor Schwartz opened the discussion to the public ' No one for or against the recommendations of the City Engineer Mayor Schwartz closed the discussion to the public On motion of Councilman Brown, seconded by Mayor Schwartz, the following resolution was adopted RESOLUTION NO 2581 1974 Series) a resolution of the Council of the City of San Luis Obispo establishing parking restrictions and bicycle lanes on Los Osos Valley Road Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES None ABSENT None Mayor Schwartz stated that each Councilman should look at the City of Davis Report and further discussion should be scheduled for the next meeting 9 Memo from the City Engineer of alternate possibilities for bikeways, South Broad Street, in conjunction with Department of Transportation widening project ' D F Romero, City Engineer, presented three alternates for bikeways between Rockview and High Street PLAN A -- 10' parkways, 8' bikeways, four 12' travel lanes, 16' two -way left turn lane in the middle PLAN B -- Two 10' parkways, one 5' bikeway on the left -hand side, one 8' parking lane on the right -hand side, four 12' travel lanes, and 14' in the center for two -way left turn lane City Council Minutes March 18, 1974 Page 6 PLAN C -- 6' parkway on the left, 10' parkway on the right, 8' parking lanes inside this, 5' bikeway inside this, four 11'1/2' travel lanes and 12' in the center for two -way, left -hand turn lanes From a safety standpoint, the City Engineer preferred Plan A, but I stated it would eliminate parking Councilman Norris said he was against eliminating parking Councilman Graham did not like Plan A D F Romero stated that the City was holding up construction plans It was originally planned to start the project a year from now The Council began a discussion on zoning, setback, and relative problems in connection with the widening David Williamson, Assistant Administrative Officer, suggested deferring any discussion until receipt of the Planning Commission recommendation Mayor Schwartz stated that the City should start with the premise that parking would be eliminated and utilities undergrounded even if finances would be out of phase David Williamson continued to explain implications of adjustments to meet the physical widening and that the result would involve signifi- cant policy decisions Mayor Schwartz asked if the Planning Commission considered eliminating parking Pat Gerety, Associate Planner, said the Planning Commission was not really looking at one street but at the broader picture Councilman Brown felt time was not that important and the City should wait for Planning Commission recommendation R D Miller, Administrative Officer, asked if the decision of the Planning Commission would affect negotiations and values Pat Gerety agreed that it would affect these matters It was generally agreed that the City Council should wait for a Planning Commission set of recommendations before making a decision on this matter In the meantime, John Williams would be invited to go to work for the City on a part -time basis and would be asked to determine whether Broad Street was the only feasible route in this vicinity 10 At this time, the Council considered the communication from John Holley, President, ASI, Cal Poly, suggesting agreement with the City to purchase a specified number of tickets for resale to students at a discount for San Luis Obispo Bus System to begin approximately April 1 , Mr Holley suggested procedures for the Cal Poly student organization to purchase bus tokens and resell them to the students for IOC One of the ground rules would be that no one could resell the tokens for a profit and they would be good for only one year -- D F Romero, City Engineer,explained the procedures and costs in connection with the tokens and said that the ones which could be obtained from the dog tag company could be obtained in a few days City Council Minutes March 18, 1974 Page 7 On motion of Councilman Gurnee, seconded by Councilman Graham, that the City Engineer be authorized to order the tokens from the dog tag company Motion carried 11 Memo from the City Engineer regarding ways Planning Board at meeting of March 14, and the part of the City Council ' D F Romero, City Engineer, had a request for a Richard Burke whereas two members of the Waterw Councilman Gurnee and Richard Schmidt preferred actions of the water - requesting action on pipe arch bridge for Sys Planning Board, a free -span bridge In the discussion it was pointed out that there was no problem in capacity with the pipe arch bridge There were questions of aesthetics and economics, but Mr Burke said he wanted to put aesthetics in the building construction rather than the bridge The pipe arch bridge would be less conducive to vandalism and 1/2 the cost Mayor Schwartz asked about handling a 100 year storm D F Romero replied in the affirmative Councilman Brown who had missed the last Waterways Planning Board meeting said he had no strong feelings regarding the free span bridge Mayor Schwartz stated he would like to see it higher in elevation On motion of Councilman Norris, seconded by Councilman Graham, that the free span bridge be approved but raised one foot with a 2 to 4 foot increase in width allowed ' A J Shaw, City Attorney, suggested reclarification of the overall policy on this type of development and the Council agreed that he should look into the matter Mr Ethan Jennings, representing R Burke, gained approval from the Council allowing Burke the option of building the free span bridge if he finally decided this was more desirable D F Romero then went into the matter of priority two structures and priority three (natural obstructions to be abated) Councilman Norris asked if any of the structures were put in with a building permit D F Romero was asked to bring back a staff report on this On motion of Councilman Gurnee, seconded by Councilman Graham, the City Engineer was authorized to proceed with category 3, natural obstruc- tion abatements Motion carried On motion of Councilman Gurnee, seconded by Councilman Brown, that before taking action of Priority 2, structural abatements, the staff report should come in on whether a building permit was involved Motion carried 12 At this time there was a personal appearance by representatives of the Civic b Fine Arts Association presenting a report on the current status of the proposed auditorium project on Cuesta College Campus Jack Fabbri, representing the Civic & Fine Arts Association, pointed out that the Council had committed itself to the idea of a community center at Cuesta College He and Francis McNamara had met with Mr Rogoway and determined there would be no adverse effect on the County development north of Highway 1 if the auditorium were placed on the campus The Civic b Fine Arts Association had contacted State and Federal authorities to see if funds were available Nothing was available except general revenue sharing funds City Council Minutes March 18, 1974 Page 8 He had asked Supervisor Kidwell to have the County set aside $125,000 per year The Association had also looked at the possibility of obtaining foundation funds The Association had gotten each group together to discuss the type of facilities Data was being gathered for floor plans The Association also planned on getting together with the City of Morro Bay to see if they could help He asked that the City of San Luis Obispo consider advancing preliminary planning funds R D Miller, Administrative Officer, stated there would be a major policy decision coming up in connection with the C I P on whether the auditorium would be built on the Cuesta College or in the vicinity of the Mission Plaza Mayor Schwartz asked several questions on whether the location on Cuesta College would affect the County hold on property north of the highway, the time schedule for commissioning of an architect and so on After extensive discussion on the whole matter the Mayor thanked Mr Fabbri for his presentation and invited him to Join with the Planning Commission and Council on consideration of the C I P update 13A Communication from Edward Jorgensen, Mens' Physical Educa- tion Department, Cal Poly, (Tennis SLO requesting Council considera- tion of construction of tennis courts in the Sinsheimer Recreation Park Complex A letter was also presented from the Park E Recreation Commission Mr Jorgensen turned the discussion over to Robert Neal who said ' his group had a petition with 700 signatures urging the City to build tennis courts now $2,500 was donated by the Day Lions Club for a grading project to be conducted by the EGCA, and the tennis group was anxious not to lose this opportunity W E Flory, Director, Park & Recreation Department, was asked to comment on the proposal Drainage was the primary concern and other problems involved the E I R approval, development of and grading, design of the facilities, and so on Mr Neal indicated that his group had the offer of an architect for design purposes without charge The Tennis Club was anxious to get courts and were not concerned with the lights After short discussion it was generally agreed by the Council that the first unit of courts should be constructed in the near future 14 At this time, the Council considered a memo from W E Flory for the Park & Recreation Commission regarding proposal for Master ' Planning of Laguna Lake Park and surrounding areas Approved by Park & Recreation Commission and Planning Commission -- final draft Mayor Schwartz said he was very impressed with the program presented and added that possibly students could help on the topography and facility model Councilman Gurnee also was impressed with the plan and was concerned with the environment and felt this was a major consideration After discussion, on motion of Councilman Brown, seconded by City Council Minutes March 18, 1974 Page 9 Councilman Graham, that staff be authorized to start screening consultants 15 Memorandum from the planning staff regarding Airport Land Use Plan Planning Commission recommended that the City Council adopt the County Airport Land Use Plan and procedures guidelines It was pointed out that the plan was not in conformance with the City's General Plan and Pat Gerety, Planning Associate, suggested the Council not adopt it formally but merely acknowledge it It was agreed that the City Planning Director to be engaged shortly, should give this matter consideration In answer to a question on procedure, Joan Buckley from the County Planning Commission staff said that the Airport Land Use Commission would solve any disputes However, the County Planning Commission had not considered the plan yet She went on to say that one of the problems which caused conflict between the City and County was the prevalence of higher densities in the City The discussion con- cluded with the Council's agreement to acknowledge the Airport Land Use Plan The Mayor suggested that an overlay be prepared to cover the General Plan and serve as a warning to developers in the airport area 16 Presentation of the City Engineer of plans and specifica- tions for STREET RESURFACING PROJECT, City Plan No 35-74 (Cost estimate $59,500 - money budgeted under Sales Tax Street Money ) D F Romero, City Engineer, reviewed the streets to receive major maintenance On motion of Councilman Gurnee, seconded by Councilman Graham, that staff be authorized to proceed Motion carried 17 Council consideration of a memo from A J Shaw, City Attorney, regarding pending legislation to limit access to criminal records (discussion requested by Councilman Norris) A J Shaw, City Attorney, indicated he would like to examine more thoroughly implications, current amendments, etc The matter was held over At this time, the hiring of the KDG Firm was discussed Councilman Norris questioned whether the contractor would be asked to prepare an initial report on a trial basis, but it was indicated the Councit had decided against this because of time constraints ' After a short discussion, on motion of Mayor Schwartz, seconded by Councilman Brown, that the firm be hired and the staff authorized to negotiate detailed programs, costs, etc , motion was carried CONSENT ITEMS On motion of Councilman Gurnee, seconded by Councilman Brown, the following consent items were approved C -1 The claims against the City of San Luis Obispo were City Council Minutes March 18, 1974 Page 10 authorized approved subject to approval by Administrative Officer C -2 On motion of Councilman Gurnee, seconded by Councilman Brown, the following resolution was adopted RESOLUTION NO 2576 T-1-97 Series), a resolution increasing the 1973-74 budget Passed and adopted on the following roll call vote AYES Councilmen Gurnee, Brown, Graham, Norris and Mayor Schwartz NOES None ABSENT None C -3 On motion of Councilman Gurnee, seconded by Councilman Brown, the following resolution was adopted RESOLUTION NO 2577 1974 Series), a resolution increasing the 1973 -74 budget Passed and adopted on the following roll call vote AYES Councilmen Gurnee, Brown, Graham, Norris and Mayor Schwartz NOES None ABSENT None C -4 Council consideration of a resolution of the Council of the City of San Luis Obispo granting an easement for public utility purposes across City owned land at the City Recreation Center This item was continued for staff analyses C-5A The memorandum from William E Flory, Director of Parks E Recreation requesting permission to advertise for bids on new furnishings for the Senior Citizens Center Addition was approved C -56 On motion of Councilman Gurnee, seconded by Councilman Brown, the following resolution was adopted RESOLUTION NO 2578 1974 Series), a resolution increasing the 1973 -74 budget Passed and adopted on the following roll call vote AYES Councilmen Gurnee, Brown, Graham, Norris and Mayor Schwartz NOES None ABSENT None C -6A The communication from J Warren Gardner, State Department of Parks b Recreation, regarding Laguna Lake Park Development - Phase III, Project $06- 00335, and enclosing agreement was approved and authorization given to execute the agreement upon adoption of a resolution ' C -68 On motion of Councilman Gurnee, seconded by Councilman Brown, the following resolution was adopted RESOLUTION NO 2579 1974 Series), a resolution of the Council of the City of San Luis Obispo approving and providing for the execution of a project agree- ment for land and water conservation fund project No 06- 00335, Laguna Lake Park Development, Phase III, between the City of San Luis Obispo and the State of California Resources Agency Passed and adopted on the following roll call vote City Council Minutes March 18, 1974 Page 11 AYES Councilmen Gurnee, Brown, Graham, Norris and Mayor Schwartz " " NOES None ABSENT None C -7 The QUITCLAIM DEED from Chorro Lodge No 168, 1 0 0 F , a corporation, for setback line widening purposes on the corner of Higuera and Elks Lane was accepted and the Mayor was authorized to record C -8 The request from the Planning Commission to appoint an ad hoc committee for the purpose of studying feasibility of City acquisition of access easements along the creek system for mainten- ance and flood control was referred to the Waterways Planning Board It was agreed that the Waterways Planning Board would make recommen- dations to the Planning Commission on the matter of City access easements and the Planning Commission would report to the Council later C -9 Council consideration of the following salary step increases Nancy E Brady - Typist -Clerk II From Step 2 or $536 to Step 3 or $568 Yvonne Hampton - Secretary From Step 3 or $636 to Step 4 or $670 Douglas L Marks - Utility Plant Operator I From Step I or $636 to Step 2 or $670 Kathleen T Michel - Legal Secretary From Step 3 or $730 to Step 4 or $772 These salary step increases were approved effective April I, 1974 C -10 The communication from La Fiesta de San Luis Obispo requesting Council consideration and approval of necessary require- ments was approved and the following resolution was adopted RESOLUTION NO 2580 (1974 Series), a resolution of the Council of the City of San Luis Obispo approving the closing of State Highway for La Fiesta Parade Passed and adopted on the following roll call vote AYES Councilmen Gurnee, Brown, Graham, Norris and Mayor Schwartz NOES None ABSENT None C -I1 The communication from Pat Barlow, Human Relations Commission regarding the Senior Citizens' Bus Request and T G I F 's was ordered received and filed The communication regarding Taxicab Drivers' Permit Ordinance was set for a public hearing C -12 The communication from Pat Barlow, Chairwoman, Human Relations Commission, requesting reimbursement of $40 per month to Campus Christian Center for office space for the Social Services Coordinator retroactive January I, 1974, was approved City Council Minutes March 18, 1974 Page 12 C -13 The communication from Sam Cathcart, Commander, 425th Civil Affairs Company, proposing assistance to the community through surveys, reports, documents, physical assistance, etc and requesting April 9, 1974 to discuss the proposal with selected personnel to be held at Camp San Luis Obispo Officers' Club was ordered received and filed C -14 The communication from Jeffrey R Bynes, Coordinator of the Japanese Visitation Program, extending invitation to the City Council to Join at opening ceremony on Saturday, March 23, 1974, was referred for individual Council response C -15 The communication from Everts L Horton, Committee for Education on Alcoholism, requesting opportunity to address appro- priate City agency to secure funds for Middlehouse was referred to the Human Relations Commission C -16 The communication from Sinsheimer P T A Board including petition signed by 106 residents asking for no parking on both sides of Augusta Street, and requesting public hearing on the matter, was referred to the Traffic Committee C -17 The communication from John King, Davis -King Development, suggesting Architectural Review Commission consideration of ordinances to provide practical ways of resolving desirable or imaginative planning was referred to the Planning Commission and to the Archi- tectural Review Commission for study TRAFFIC COMMITTEE ITEMS TC -1 74 -3 -1C At the request of the Council, the Traffic Committee has considered the recommendation of the Waterways Board that Mt View and Mission Streets be closed at Old Garden Creek Based on reports from the Fire Chief and City Engineer, the Traffic Committee in a split vote recommends that these streets not be closed However, we also suggest that a public hearing be held on the proposal to allow all City residents as well as nenghbors to comment David Williamson, Assistant Administrative Officer, was authorized to see that area plan was prepared in the vicinity of 101, edge of San Luis Mountain, Broad and Chorro and then to present it to the Planning Commission to evaluate the proposed closing of Mountain View and Mission at Old Garden Creek TC -2 74 -3 -2T We have received letters from the Principal and President of the PTA for the Pacheco School requesting that the crossing guard at Monterey and Grand be reinstated in view of the awkward traffic situation and an increasing number of students crossing Monterey at this location The Traffic Committee recommends approval subject to a survey by the City Engineer and provided that the intersection meets City standards (warrants) for crossing guard locations This item was held over pending Council study of D F Romero's communication which indicated that this location did not meet warrants TC -3 74-3-3T A memo from Lieutenant Morrissey indicates that the police department has been giving citations for improper use of loading zones in accordance with Municipal Code provisions since the first of the year You will recall that in December, the Council decided to allow vehicles using our loading zones to stand more than five minutes without activity and not receive a citation However, through a misunderstanding, police department staff thought this only applied City Council Minutes March 18, 1974 Page 13 to the Christmas rush and has gone back to the five minute time limit Lieutenant Morrissey's letter indicates that longer time frames would make the ordinance unenforceable We agree and recom- mend that the Council legitimatize the practice currently in effect Recommendation was approved TC -4 74 -3 -4T Mr Romero has presented a plan for red zones and channelization on Chorro between Palm and Lincoln Streets designed to provide a safer thoroughfare for motorists and bicyclists We recommend approval and suggest that the matter be set for public hearing The matter was set for public hearing TC -5 74-3-5T The Traffic Committee has received a request for a white bus loading zone on the south side of Madonna east of Oceanaire to accommodate school buses It is reported that a car parks there quite often requiring the school bus to double park We recommend approval for 40 feet of white zone On motion of Councilman Gurnee, seconded by Councilman Brown, the following resolution was adopted RESOLUTION NO 2582 (1974 Series), • resolution of the Council of the City of San Luis Obispo establishing • bus loading zone on Madonna Road Passed and adopted on the following roll call vote AYES Councilmen Gurnee, Brown, Graham, Norris and Mayor Schwartz NOES None ABSENT None WZ�II: 74 -3 -6T Request from a number of citizens that traffic be stopped on Johnson at Laurel and that existing stop signs on Laurel at Johnson be retained or removed passed on to the Committee by Councilman Gurnee The Committee did not feel this would increase traffic safety However, in accordance with earlier Council action, traffic signals for this intersection have been included for consideration in the CIP update to be considered by the Council in April This project is listed as item No 17 in the City Administrator's proposed list Also, the Committee asked the City Engineer to come back with a report on the desirability of painting more red zone on the west side of Johnson north of Laurel The recommendation was approved TC -7 74 -3 -7T Request of Sports Center, corner Higuera and South, for 3 minute time limit parking in front of their establishment on South Street One of the problems here appears to be the parking of wrecked cars on a long -term basis by an auto repair concern located nearby We feel the first step is to clear up this problem and then see whether there is still a parking problem in connection with the motorcycle operation Approve recommendation against 36 minute time limit parking in front of Sports Center on South Street pending clean up of wrecked car on street and further evaluation of problems City Council Minutes March 18, 1974 Page 14 TC -8 74 -3-8T Request by Jim Swift, Gusto, Inc , 1041 Chorro Street for free motorcycle parking in the downtown area Approve recommendation against proposal to provide free motorcycle parking in C B D TC -9 �h 74 -3 -9T Request by Joe Berkemeyer on behalf of Lagomarsino's Wholesale Liquor outlet for permission to block the sidewalk on Higuera Street for unloading purposes for twenty minutes every week day starting at 9 30 a m Approve recommendation that Lagomarsino's not be allowed to block sidewalk daily TC -10 74 -3 -1OT Recommendation by the City Engineer that the speed limit on Chorro Street be raised to 30 mph Approve recommendation against City Engineer's suggestion that speed limit on Chorro be raised to 30 mph TRAFFIC ITEMS HELD OVER TC - II 74 -3 -IIT Suggestion by David Romero that traffic conditions could be improved at the Foothill- Chorro -Broad intersection by reducing the number of phases from 7 to 5 at a cost of several thousand dollars Mr Romero is still exploring this matter with the Department of Transportation Delay in decision approved TC -12 74 -3-12T Removal of stop signs on Broad Street Council decided some time back to consider whether or not this should be done later on in the spring Delay in decision approved TC -13 74 -3 -13T Recommendation by the City Engineer that the City recon- sider the adoption of setback lines on Chorro Street Since his original proposal was made many years ago, it was felt that Council members on the Traffic Committee should have a chance to study this before attempting to make a decision Delay approved TC -14 74 -3 -14T Request by Robison Electronics for restricted parking on Sacramento (this is a half street) between the entrance to their plant and Capitolio Way Mr Romero was asked to bring back a recommendation on this Delay approved On motion of Mayor Schwartz, seconded by Councilman Gurnee the Traffic Committee items were approved as recommended At this time D F Romero presented information on the Transit System and the Council agreed to release this information to the news media Mayor Schwartz adjourned the meeting at 12 00 midnight Approved July 16, 1974 -H. FITZPATRICK, CITY CLERK MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA Monday, April 8, 1974 - 7 30 p m. Vi City Hall Pledge Rnii nail ' Present John C Brown, Myron Graham, ,T Keith Gurnee, Jesse Norris, and Kenneth E Schwartz" Absent. None City Staff Present J. H Fitzpatrick, City Clerk, R D Miller, Administrative Officer, D. F Romero, City Engineer, A J. Shaw, Jr., City Attorney 1. The City Council considered the new Water Quality Control Board requirements for discharge from the sewage treatment plant. D. F. Romero, City Engineer, submitted a brief analysis of the Water Quality Control Board's requirements and listed questions and objections to the requirements presented by the Board He-also submitted a copy to the City Council of the California Regional Water Quality Control Board Central Coast Region Order No 74 -34 tentatively proposed as of March 7, 1974 The City Engineer stated that basically the waste discharge requirements outlined the current situation at the City's sewage treatment plant points of dis- charge into San Luis Creek, beneficial uses downstream and current standards One of the chief recommendations of the Water Quality Control Board was the prohibition of discharge of sludge and untreated wastewater to San Luis Creek, and prohibited discharge of treated wastewater except during the months of December, January, February and March of each year If these requirements were to be met they would call for an extremely high level of treatment which could-only be achieved by the City through an extraordinary expenditure in improvements at the sewage treatment plant It was the City Engineer's opinion that the standards were based upon the maximum re- quirement which the Water Quality Control Board felt could be achieved by this community and it did not consider whether the vast amount of money which would have to be expended would provide a reasonable return in protection to the environment for the capital expenditure being made He also listed the Water Quality Control Board's staff recommendations on a time schedule for compliance with the various requirements of their order The time schedule as stated implied immediate action on the part of the City in hiring a con- sultant to prepare the preliminary studies They also recommended a comprehen- sive monitoring and reporting program of the water supply, the incoming sewage, the effluent sewage and the-receiving waters of the creek This monitoring program would become effective immediately with the adoption of the criteria and would iequire the addition of personnel at'the plant as well as a sub- stantial upgrading of the laboratory at the City's treatment plant. Mr. John H Jenks, of Jenks S Adamson Consulting Engineers, also reviewed _ very briefly the waste discharge requirements being recommended by the staff of the Water Quality Control Board to be imposed upon the City of San Luis Obispo. He reviewed the past experiences with the City's treatment plant which he felt had been providing "a level of treatment well beyond that found at most locations in the State and in mast respects was well above that mandated by now - existing State requirements However, he stated that the existing treatment and disposal facilities would not be capable City Council Minutes April 8, 1974 Page 2 of meeting the proposed new requirements without substantial change and' at considerable cost to the City He continued that in assessing the sig- nificance of the proposed new requirements to the City in respect to necessary changes from the existing wastewater treatment and disposal facilities, he believed there were two fundamental controlling requirements (1) a prohibition of continued discharge of treated wastewater into San Luis Creek at least during eight months of the year and (2) mineral consti- tuent limitations for any discharge into San Luis Creek He stated to meet the proposed prohibition would necessitate some form of land disposal including possible irrigation but meeting the mineral constituent limitations for possible periodic discharges to San Luis Creek would involve a rigorous program of source control, probable elimination of home water softeners and possibly demineralization as part of the wastewater treatment process. After reviewing the tentative requirements of the staff of the Water Quality Control Board, in order to meet the immediate needs of the new requirements for wastewater disposal as part of the federal - national Pollutant Discharge Elimination System Permit, while at the same time not unduly burdening the City of San Luis Obispo, he suggested that the City request that the Regional Water Quality Control Board modify several of the proposed requirements in their preliminary letter He then reviewed the required steps that the City should anticipate in order to meet the new requirements. (1) The City would be required to develop a plan for elimination of the bypassing of raw sewage to San Luis Creek and the plan was to be completed by September 1, 1974 (2) The City would'be required to develop a plan for pretreatment and source control of undesirable waste being discharged to the City sewage system The plan was to be completed by January 1, 1975. (3) The City would be required to implement the plan by eliminating bypassing,to San Luis Creek This work ,to be implemented by October 1, 1975. (4) The City would be required to develop a plan for alternate means of disposal of wastewater This plan to be completed by March 1, 1976 (5) The City would then be required to construct a major wastewater disposal facility at some time in the future to be completed by July 1, 1977 In addition to the preceding five steps, the City would be required to im- plement a plan for pretreatment and source control of undesirable -waste entering the sewage system Implicit,in the proposed new requirement was the assumption that this was necessary and could be accomplished with reasonable effort on the yet to be determined local industry Also in addition to the foregoing items, the City would be required to institute a greatly increased amount of laboratory work in connection with the pro- posed monitoring program revisions which are part of the proposed new requirements This additional work was to commence immediately upon adoption of the new requirements, although fiscal year budget limitations probably would be recognized at this time Therefore, he concluded that the City should attempt to have the proposed new requirements of the Water Quality Control Board modified as he suggested and that after adoption of the final requirements in May, immediately develop an implementation schedule to more specifically define the items which were to be done and for presentation to the State for grant scheduling purposes He thanked the City Council City Council Minutes April 8, 1974 Page 3 for allowing him to work with the City on this project On motion of Councilman Gurnee, seconded by Councilman Norris, the City Engineer was authorized to write to the Water Quality Control Board Central -Coast Region asking for amendments to the tentative requirements as submitted by the staff. Motion carried unanimously 2. The City Council considered a recommendation from the Promotional Coordinating Committee to provide a grant of $2,000 of City promotional funds to Associated Students, Inc , of Cal Poly for the•purpose of publi- cizing Poly Royal and associated events scheduled for the spring of 1974 Mayor Schwartz left the meeting due to a possible conflict of interest Vice -Mayor Brown presided Lachlan MacDonald, Chairman of the Promotional Coordinating Committee, spoke on behalf of the Committee's recommendation of $2,000 to,be granted to the Associated Students, Inc , of Cal Poly for the purpose of publicizing 1974 Poly Royal and associated events. He stated that it was the Com- mittee's feeling that this event was one of the major events within the City of San Luis Obispo and benefits not only the University but was also a great asset to the citizens of San Luis Obispo as an educational and recreational activity as well as an aid to the City's business and employment and other economic advantage He continued that all activities of the Poly Royal are self - supporting, that no funds are available for advertising and promoting of the event and the City promotional funds would be used for this purpose Complete financial reports of expenditures would be submitted to the Committee for review subsequent to this year's Poly Royal. Councilman Graham was opposed to City funds -being used for advertising and promotion. Councilman Gurnee objected to the City funds being used for promotion and advertising for Poly Royal and stated he.would rather give the Poly Royal.Committee.$2,,000 for free passes to the young, poor and under - privileged-of the City Councilman Norris supported the recommendation of the Promotional Co- ordinating Committee as he felt the Poly Royal program was an asset to the City. On motion of Councilman Graham,iseconded by Councilman Gurnee, that $1,000 of City funds be granted to the Associated Students, Inc., of Cal Poly to promote and advertise the Poly Royal celebration and that $1,000 be granted to A S I for tickets for activities at Poly Royal for the poor, the elderly and the underprivileged After discussion, Councilman Gurnee withdrew his second. _ On motion of Councilman Norris, seconded bynCouncilman Brown, the following Resolution was introduced RESOLUTION NO 2585, a Resolution of the Council of the City of San Luis Obispo approving a grant to the Associated Students as recommended by the Promotional Coordinating Committee. ' Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee,-and Norris NOES None ABSENT Mayor Schwartz City Council Minutes April 8, 1974 Page 4 Mayor Schwartz returned to the meeting 3. Communication from Central California Communications Corporation (Cable TV) -requesting Council support in opposition to Section 3 of Senate Bill 1361 which, if enacted, would bar the cable systems from carrying ; any live professional sporting events on any Los Angeles or San Francisco television station. Further, if adopted, the bill could also include all live collegiate sporting events presently presented•on_the_ local-cable system: Therefore the Central California Communications?Corporation on behalf of the public's interests, urged the City Council to go on record opposing Section 3 of Senate Bill 1361 On motion of Councilman Gurnee, seconded by Councilman Graham, the follow- ing Resolution was introduced RESOLUTION NO 2587, a Resolution of the Council of the City of San Luis Obispo requesting U S Senate Subcommittee on Patents, Trademarks and Copyrights to eliminate "Sports Blackout" section of U.S Senate-Bill 1361.. Passed and adopted on the following roll call vote. AYES Councilmen Brown, Graham, Gurnee, Norris, and Mayor Schwartz NOES None ABSENT None 9 30 p.m Mayor Schwartz declared a recess. 9 40 p m The Council meeting reconvened with all members present. 4 Communication from Californians for Parks, Beaches and Wildlife urging that the City Council of the City of San Luis Obispo officially endorse the adoption or passage by the voters of Proposition No 1 on the June primary ballot, which is the State bond issue which would provide $250 million for new park facilities and development of existing resources or historical features of the State Park System and for fish and wildlife conservation On motion of Councilman Gurnee, seconded by Councilman Graham, the following resolution was introduced. RESOLUTION NO. 2588, a Resolution of the Council of the City of San Luis Obispo Endorsing Proposition 1 on the June 4, 1974 Statewide Ballot Councilman Norris objected to the City Council entering into this type of action as he felt it should be decided by the vote of the people within the community when they have been informed Passed and adopted on the following roll call vote AYES. Councilmen Brown, Graham, Gurnee, and Mayor Schwartz NOES Councilman Norris ABSENT None 5. At this time the City Council reviewed the current annexation policy for guidance of City staff and various citizens' commissions. City Council Minutes April 8, 1974 Page 5 Councilman Norris felt that the City Council should accept applications . and petitions for annexation to the City and the City Council should study each annexation as it came before the City Council and weigh the merits or detriments of each proposed annexation Councilman Gurnee felt that no annexations should be considered and no petitions should be accepted until the City had adopted a program of extending facilities to serve the newly annexed areas and further, no annexation should`be�considered, until the overburdened facilities presently in existence had been corrected . Councilman Graham felt that no annexations should be considered by the City Council until the water system had been improved and was available to any area considering annexation Councilman Brown felt that the City Council should keep its options open and consider each annexation and each application on its own merits He felt it would be wrong to say that the City Council would accept all annexations dust as it would be to say that they would accept no annexations. Mayor Schwartz felt that each annexation should be looked at in view of the City's capacity to serve the area at the time the annexation was requested. He further felt that the City Council should make no changes an existing policies but should wait for a recommendation from the citizens ad hoc committee which was presently studying the overburdened facilities problem throughout the City of San Luis Obispo Councilman Gurnee felt no annexations should be allowed until the Council was sure that adequate public facilities were available to serve the area annexed. ' On motion of Councilman Gurnee, seconded by Councilman Graham, that the City a Council amend the nnexation policy to prohibit any annexation until suf- ficient water supplies were available throughout the City Motion lost on the following roll call vote AYES Councilmen Graham and Gurnee NOES Councilmen Brown, Norris, and Mayor Schwartz ABSENT None On motion of Councilman Brown, seconded by Councilman Norris, that the City Council continue its existing policy regarding annexations until further study Motion carried on the following roll call vote AYES Councilmen Brown, Norris, and Mayor Schwartz NOES Councilmen Gurnee and Graham ABSENT None I 6. The City Council continued consideration of the 1974 -75 Capital Improvement Program Priority Listing. City Council Minutes April 8, 1974 Page 6 7 The City Council adjourned to,12 10 Wednesday, April 10, 1974 APPROVED. August 19, 1974 0 GJ! $rM ZPATRICK, CITY CLERK 1 MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA APRIL 8, 1974 - 12 15 P M Conference Room, City Hall Pledge Roll Call Present City Staff Councilmen John C Brown, Myron J Graham, T Keith Gurnee, Jesse E Norris, Mayor Kenneth E Schwartz Present J H Fitzpatrick, City Clerk, R D Miller, City Administrator, A J Shaw, Jr , City Attorney, David Williamson, Assistant Administrative Officer, Lane Wilson, Park Foreman, James Stockton, Assistant Park and Recreation Director Also Present Mrs Valerie Endres, Chairwoman, City Planning Commission 1 R D Miller, Administrative Officer, reviewed for the City Council the procedures used in arriving at the priority listing for the 1974/75 capital improvement program for Council consideration He also reviewed the various categories as follows Category I - Completed C I P by fiscal year Category II - List of C I P funded, in planning stage or under construction Category III - Reserve accumulations Category IV - Proposed C I P projects for 1974/75 The City Council then reviewed the four categories and started the 1974/75 C I P as follows Category III (Major classifications for which reserve fund accumulations have been established Chronological order of introduction to this section indicated by numbers To be placed in this category, major classification (letter) total should exceed $100,000 ) Accumulations 1974/75 Total A Sewage System Improvements 1 Sewage Plant Improvement $ 25,000 $ 150,000 B Circulation System Improvements 7 Widen west side Higuera, Marsh to Madonna 20,000 80,000 16 Bike path system 15,000 30,000 City Council Minutes April 8,•1974 Page 2 C Water System Improvements 3 Rehabilitate Water Plant No 1 13 Major water facilities, Los Osos Valley & Lower Hi.guera Street areas $ 25,000 Note A good portion of this would not be transferred to reserve but would be spent directly from revenue sharing funds $ 150,000 1,000,000 ' D Recreation Structures 8 New recreation center 25,000 100,000 10 Swim pool construction 50,000 150,000 14 Lighted tennis courts 25,000 75,000 E Park, Creek and Open Space Acquisitions 5 Foothill Saddle 10,000 100,000 6 Cerros 20,000 80,000 12 Creek elemenLs_J 25,000 65,000 F Fire Facilities G Library Building Fund 11 Library center or branches 20,000 ;_60,000 H Drainage System Improvements 15 Major flood control measures including open space acquisitions 50,000 100,000 Category IV (Proposed List of Capital Improvement Projects 1974/75) Previous C I P No 1 WATER - Construct major facilities, Los Osos 73 -74 #1 & Valley and Lower Higuera Street areas Reserve C -13 2 SEWER - Study of sewage collection, treatment and disposal needs 70 -71 #1 3 PLANNING PROGRAMS (a) Implement general plan by developing precise plans and setting up regulatory systems (precise plans to include neigh- borhood areas, Hoffman airport area and "central city "), revise zoning and sub- division ordinances, update circulation element, prepare civic center and historic element plans, complete resources inventory including actual utility line capacities, and develop basic cost benefit data Co- ordinate with Zone 9 studies 1 1 0 1 1 City Council Minutes April 8, 1974 Page 3 (b) WATER - Engineering studies for Edna 73 -74 #60 Valley system improvement and for other portions of City (c) Development of master plan for neigh- borhood and community park development in connection with requirements of park land dedication ordinance 4 BUILDING REMODELLING - Combine remodelling of 73 -74 #6 & City Hall basement to provide additional 72 -73 #14 offices with Council Chamber project 5 STREETS - Widening Johnson Avenue, east side, Lizzie to San Luis Drive 72 -73 #3 6 STORM DRAINAGE - Old Garden Creek at Lincoln and at Broad 72 -73 #19 7 WATER (a) Substandard systems Incremental improve- ments required in connection with private developments - limit $20,000 per quarter 73 -74 #31 (a) with no carry -over of unused portions (b) Pre -1942 system improvements - Phase II 8 STORM DRAINAGE - Broad Street south of Serrano (Boriack) - also Old Garden Creek at Mt View 73 -74 #9 9 STORM DRAINAGE - Cooperation with D 0 T 73 -74 #3 structural revisions at Marsh Street and (c) & 4 Los Osos Valley Road extended 10 (a) UTILITY UNDERGROUNDING - City share, both sides Santa Rosa from south side 73 -74 #14 Marsh to Mill and east side Osos from south side Marsh to Mill (b) STREET - Widen west side Santa Rosa, Portion Monterey to Higuera 71 -72 #17 2 The meeting adjourned to 12 15 p m , Wednesday, April 11, 1974, on motion of Councilman Gurnee, seconded by Councilman Brown Approved May 20, 1974 ,- FITZPATRICK 'CITY CLERK (b) MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA APRIL 10, 1974 - 12 15 P M COUNCIL CHAMBERS, CITY HALL Pledge Roll Call Present Councilmen Brown, Graham, Gurnee, Norris, Mayor Schwartz Absent None City Staff Present J H Fitzpatrick, City Clerk, R D. Miller, City Administrator, David Williamson, Assistant City Administrator Also Present Mrs Valerie Endres, Chairwoman, City Planning Commission, D J Van Harreveld, Chairman, City Park and Recreation Commission 1 R D Miller, Administrative Officer, announced the appointment of Randolph Dickson as Police Officer, at Step 1, $816 00 per month, effective April 16, 1974 subject to one year probation 2 J H Fitzpatrick, City Clerk, reported on the following bids received for Santa Rosa Park Lighting , ALECO SALES CO ELECTRIC SUPPLY 1732 E 21st St OF SAN LUIS OBISPO Los Angeles 161 High Street San Luis Obispo Item 1 - Four Type A floodlight units with cross arm adaptors, lamps and ballast $794 80 $900 00 Item 2 - Four Type B floodlight units with cross arm adaptors, lamps and ballast $818 40 $900 00 Item 3 - Nine Type C floodlight units with cross arm adaptors, lamps and ballast $1,788 30 $2,025 00 Item 4 - IThreE Type D floodlight units with cross arm adaptors, lamps and ballast $631 20 $675 00 , ALECO SALES CO - Delivery three to four weeks after date of purchase order FOB factory - full freight allowed ELECTRIC SUPPLY OF SLO - Delivery in twenty days City Council Minutes April 10, 1974 Page 2 R D Miller, Administrative Officer, recommended that the low bid of Aleco Sales Company be accepted by the City On motion of Councilman Graham, seconded by Councilman Brown, that the low bid o Aleco Sales be accepted and contract awarded Motion carried 3 D F Romero, City Engineer, submitted a letter to the City Council which stated that in submitting his C I P recommendations, he considered the circumstances at the time the list was submitted, and dial not consider ordinances which might be adopted at future times Therefore, the Overburdened Facilities Ordinance was not a consideration in the C I P submittal If the Overburdened Facilities Ordinance is adopted and if the standards are not modified from those previoualy_ submitted, the result would be prohibition of build- ing construction in large portions of the community On that basis, all of those lines listed as overburdened would be Number One priority on the list even though few, if any of them, are giving the City maintenance problems at this time He attached a copy of the sewer lines now found to be over- burdened by theoretical calculations Total cost for reliev- ing those overburdened lines is $113,302 4 Mrs Valerie Endres, Chairwoman of the City Planning Commission, submitted for the Council's consideration the recommendations of the Planning Commission for the 74/75 C I P priority list ' 5 The City Council then continued to establish the priority list for the 74/75 C I P 11 STORM DRAINAGE - Removal of remaining water and 73 -74 #10 sewer line obstructions from waterways (a & b) 12 PARKS - Complete master plan for Sinsheimer Reserve Park, approve Environmental Impact Report, D -14 & approve grading plan clearing with Waterways 73 -74 #13 Board, do grading project and construct tennis courts, Phase I Construct restrooms, con- cession stand and press box facility 13 PARKS - Execute Phase III Laguna Lake Park 73 -74 #41 development 14 PARKS - (a) Develop precise plan for Laguna Lake Park 73 -74 #12 (b) Develop study of Mt San Luis and Bishop's Peak for open space definition Councilman Norris opposed inclusion of Item 14b 15 FIRE - Construct driver training course at 73 -74 #18 sewer farm Councilman Gurnee opposed 6 On motion of Councilman Graham, seconded by Councilman Gurnee, the meeting adjourned to 12 TO-7 m , Thursday, Apr_f_, 1974 Motion carried Approved May 20, 1974 /l �%'H ITZPATRICK, CITY CLERK r Pledge Roll Call City Staff MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA April 11, 1974 - 12 15 P M Conference Room, City Hall PRESENT John C Brown, Myron Graham, Jesse Norris and Mayor Kenneth E Schwartz ABSENT T Keith Gurnee PRESENT J H Fitzpatrick, City Clerk, R D Miller, Administrative Officer, A J Shaw, Jr , City Attorney, David Williamson, Assistant Administrative Officer 1 The City Council continued their priority listing for the 1974/75 C I P program C I P items 16 through 139 were approved as listed in Resolution No 2586 (1974 Series) dated April 15, 1974 Councilman Norris opposed the priority listing of No 33, as he felt some- thing should be started as a reserve this fiscal year 2 On motion of Councilman Brown, seconded by Councilman Graham the meeting adjourned at 1 45 P M Motion carried, Councilman Gurnee absent APPROVED July 1, 1974 F ATRICK, CITY CLERK 1 i 1 r MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA APRIL 22, 1974 - 7 00 P M COUNCIL CHAMBERS, CITY HALL Pledge Roll Call Present John C Brown, Myron Graham, T Keith Gurnee, Jessee Norris and Mayor Kenneth E Schwartz City Staff Preseni J H Fitzpatrick, City Clerk, R D Miller, Administra- tive Officer, David Williamson, Assistant Administra- tive Officer, A J Shaw, Jr , City Attorney I At this time the City Council held a public hearing on the pro- posal to adopt an ordinance providing for the regulation of contributions and expenditures in Municipal Elections A J Shaw, City Attorney, reviewed for the City Council the provisions of the proposed ordinance He also explained upon question the oDinion of the State Attorney General which stated that election control was a statewide concern and that cities could not enact laws controlling elec- trons and election procedures He felt that this did not apply to charter cities and that the opinion only applied to general law cities He felt that charter cities could enact rules and regulations governing local election of municipal officers which was strictly a municipal affair as long as they were more restrictive and not less restrictive Than the state law He continued that Senate Bill 1693, a 1974 legislative pro- posal, which was now before the legislature as an urgency proposition would amend the state law to allow all cities and counties to control elections and to make rules and regulations more stringent than existing state law He also stated that the Superior Court (in the Newport Beach case) found that the state had not pre- empted the field and that cities could establish election procedures for each city He also stated that the City of Huntington Beach had also received a favorable decision on an election control ordinance, although, he did note that the decisions in both cases were at the Superior Court level and not at the Appellate level Upon question he stated he felt that the City Council could pro- ceed and adopt to election reform ordinance as far as municipal elections were concerned, and he felt that the courts would recognize that this was a municipal affair A J Shaw, City Attorney, then reviewed in detail the ordinance under consideration oy the City Council at this time He reviewed section 4501 which stated the purpose and intent of the ordinance was I to olace realistic and enforceable limits on the dollar amounts individuals might contribute and candidates might collect and expend in political campaigns in municipal elections, 2 To insure and promote integrity, honesty and fairness in the pro- cess of governmental decision making, 3 To insure that funds and services donated to a candidate were used solely for lawful campaign purposes, 4 To insure a level of discussion of public issues adequate for a viable political campaign by providing voters with the information necessary to make a full assessment of each candidate before voting, City Council Minutes AprilO 22, 1974 Page 2 5 To provide an opportunity for all citizens to become candidates for public office unhindered by the need to meet exorbitant cam- paign costs, 6 To require full public disclosure of campaign contributions to I such campaigns and the purpose and amounts of expendiTures in polit- ical campaigns in municipal elections, and -- 7 To provide full and fair enforcement of all the provisions of the ordinance He then reviewed the various definitions contributions, how they could be handled, and methods of control He also reviewed limitation on total campaign expenditures for incumbent office holders and 12¢ per office seekers 3s used in the ordinance, reviewed how the candidate could refuse them, section 4506, which placed a to IOC per registered voter registered voter for non incumbent He also reviewed for the City Council methods of controlling the campaign expenditures by making the City Clerk a part of each campaign treasurer or candidates campaign operation in controlling funds received and funds expended by the candidate He also reviewed the additional campaign statements that would be re- qutred, and the fact that the campaign statements of and contributions To each candidate would be advertised in the newspaper prior to the elec- tion He also reviewed the duties of the City Clerk in enforcing The ordinance Mayor Schwartz stated that he wished to limit discussion to the City Council and staff and then open the meeting for input by the public who were present and wished to speak Councilman Gurnee suggested two minor changes in the ordinance o n or to publication for clarification of the rules and regulations Councilman Norris stated that he did not feel that the proposed ordinance could be enforced in light of the Attorney General's opinion that city elections were of statewide concern end that the state had pre - empted the field FurTher, he was also opposed to the adoption of this ordinance as he felt it was against the civil rights of the citizens of The City in trying to control their activities in the election process He felt that the City should continue consideration of this matter until Senate Bill 1693, 1974 Sessions, had been adopTed by the legislature He felt that excusing the allocation of funds for volunteer labor in a campaign state- ment was unfair, and that free labor had some value ,lust as money and that labor should be included in campaign statements forVfair and equal treat- ment of all candidates Councilman Norris then went through the ordinance section by section IISTIng his objections and suggesting changes to the ordinance if the Council was serious about passing this ordinance Mayor Schwartz then reviewed several sections of the proposed ordinance ' asking for clarification of wording and definition The rest of the Council stated they would hold their commenTS until after input from the public Mayor Schwartz then declared the meeting open to the public for their input City Council Minutes April 22, 1974 Page 3 Mrs Glennadeane Dovev, Prisident of the League of Women Voters of the City of San Luis Obispo, submitted a statement before the City Council in regard to the election campaign contributions and expenditures or- dinance amending the Municipal Code, Article 4 She stated that following a study of campaign financing by all local leagues in the country last fall, the League of Women Voters of the United States reached a consen- sus which reflected their continued concern for open and honest elections and for maximum citizen participation in the political scene at all levels of government The League of Women Voters believed that changes must be made in the methods of financing political campaigns in order to make our government more accountable, more representative and more responsive to all citizens The goals of a campaign finance system should be to ensure the public's right to know, to combat corruption and undue influence, and to enable candidates to compete more equitably for public office To achieve these goals, the League, favored' a system of _combined_ private and public funding and supports measures which I Require full and timely disclosure of all campaign contributions and expenditures, 2 Require each candidate to designate one central committee to co- ordinate, control and report all financial transactions, 3 Limit the size and type of contributions from all sources, in- cluding stringent limits on the use of cash, and 4 Limit total expenditures consistent with full discussion of the issues and adequate exposure of the candidates The League of Women Voters of San Luis Obispo County, therefore, supported those sections of the proposed local election campaign contributions and expenditures control ordinance which deal with disclosure and limitations y� However, they did oppose Section 4507 (a), regarding Volunteer Services, as the League of Women Voters supported broad -based citizen involvement in campaigns and believed that Dart of the democratic process was to in- volve acitvely as many citizens as possible during an election Thus, volunteers would be encouraged to give their time and energies to the support'of their favorite candidates without thought or expectation of any monetary remuneration or future favors Therefore, the League of Women Voters of San Luis Obispo, California, encouraged the Council to consider 'the adoption of the proposed ordinance with the amendment as suggested in Section 4507 (a) Mrs Arsenio spoke on behalf of a group of citizens, naming 15, who have studied this ordinance as a group and stated they supported the ordinance in its entirety They also felt that the statement Dresented by Mrs Covey of the League of Women Voters expressed their feelings as well on this matter, and they would not attempt to review the entire items again for the City Council Mr Mike Morris, Attorney, spoke in opposition to the City Council con- sidering the adoption of the proposed ordinance as he felt that the existing state law on campaign expenditures was quite comprehensive and should not be further confused with each little city in California adding to the election regulations He felt that election cost disclosure was good and should be implemented for the purity of elections and would be an asset in future elections But, he felt that this should be done on a statewide basis and not by a county -by- county or city -by -city action City Council Minutes April 22, 1974 Page 4 He then reviewed sections that he found questionable or that he op- posed Sections 4502(3) and 4506(1), he was not in favor of a dollar amounT being placed against each registered voter He also objected to Section 4506(2), 4508(a), 4510(a3) And finally, he felt the en- ' tire ordinance as proposed by the City ATTorney for The City Council's consideration was in violation of the first amendment of the United States Constitution and did not honestly feel that the City Council could adopt such a document H Miossi objected to the requirement of keeping track of volunteers who help in a campaign He felt that every citizen should help and take part in the election process He, too, disagreed with the At- torney General's opinion as he felt That cities had the right to enact laws stricter than State Laws, which contro lled their destiny Finally, he felt that this issue had a strong support of the first amendment, which protected the right of all citizens to make changes in government without spending large sums of money, or limiting it only to the rich of the community He was in support of the ordinance with minor wording modifi- cations William Alexander was in support of the ordinance and felt that limiting expenditures in a city election was a step in the right direction and would avoid the elecTion of wrong persons to office because of the money spent on their behalf He was in support of limits on the amount of monev that could be spent in a city election Don Sylvia, representing the Public Employee's Council, objected to the limit on the activities of the Public Employees' Association in endorsing candidates for various public offices, particularly City Councils and Supervisors Don Sylvia had in mind particularly a newsletter put out by a group of Public Employees' Organizations supporting or condemning candidates for public office A J Shaw, City Attorney, felt that this letter was in the nature of a newsletter to the members of the organization who paid dues to that organization and in that nature would not be a campaign document Finally, Don Sylvia stated that he was opposed to Section 4505(3f) which he felT eliminated his right to work on behalf of candidates who would support his employment with the City -- either the charter was wrong or the proposed ordinance was wrong Mary Rhodes was in support of the proposed ordinance in an attempt to reform financing of local campaigns for elections She was opposed to the section requiring the listing of volunteers' time as a financial con - tribution to a campaign She felt that everyone should take part in every candidate's campaign Donald Smith was in support of the ordinance, felt the City of San Luis Obispo should take the lead in cleaning un the election process Mavor Schwartz closed the public hearing and slated that after the break the City Council would again discuss the proposed reform ordinance 9 25 P M recess 9 40 P M the meeting reconvened with all Councilmen present City Council Minutes April 22, 1974 Page 5 Councilman Gurnee again stated he was in support of the adoption of the ordinance and read the section of the ordinance that provided for the appointment of a committee by the.Council to review the operation tof)the ordinance following the 1975 City Election, to see if any amend- ments are needed He concluded that he felt the proposed ordinance was fair to all candidates, would protect all candidates, also would assure the voters of full disclosure of who was supporting each candidate He urged Council to pass ordinance to print Councilman Norris stated that he was in support of the disclosure pro- visions of the ordinance, but was opposed to sections that take away individual citizens-' rights protected by the first amendment to the con- stitution He felt this ordinance took away the public's right to sup- port any candidate of its choice He felt the ordinance was ambiguously written and unclear, and he felt that if adopted would dust not allow good people to run for city office due to confusion of the ordinance He also felt that the City should not take any action until the Attorney General's opinion has been overturned by the courts He felt the Council should not pass this ordinance until the state legislature has adopted the law which sould allow the cities to enact this type of legislation Councilman Brown felt that this ordinance was unnecessary and was not needed at this time He agreed with disclosure provisions, but felt that all the detail and procedure was unneeded He felt San Luis Obispo should follow the state law and not pioneer legislation in this field He felt the ordinance should be simplified and also to see what comes of the courts or legislature on this subject He felt that the City of San Luis Obispo would not have an election until 1975 and that would give the courts and legislature an opportunity to make good law for the State of California Councilman Graham stated he was in support of the ordinance in principal He felt detail in the election field was needed and that purity of elec- tions was needed now He felt that this ordinance should be adopted as amended by the City Council and with public suggestion tonight Mayor Schwartz felt that election reform was needed and it was being pro- posed at all levels of government, federal right down to city, and he felt that input from the public, staff and council have made progressive amend- ments to make the ordinance much more realistic and workable He felt that San Luis Obispo should take a leadership role in this field if the majority of the Council felt that this reform were necessary, as he did He also felt that this ordinance would allow any citizen to run for city elective office without going into debt in order to do so He also felt the City should pick up the cost of administration of the ordinance if it desired clean elections He felt that the 10¢ and 12¢ per voter was fair to both the incumbent and to the challenger He felt that the past history of election expense of San Luis Obispo had been much higher than this He felt with full knowledge of who was supporting whom in an election the citizens would feel secure that their elections were clean and they would know who supported whom He suggested that Section 4504 be eliminated, as he felt It was not needed, and with that change he would support the proposed city ordinance On motion of Councilman Gurnee, seconded by Councilman Graham the following ordinance was introduced and passed to print ORDINANCE NO 614 (1974 Series), an ordinance of the City of San Luis Obispo amending the ,Suni- cioal Code by adding Chapter 5 to Article IV, and providing for the regula- tion of contributions and expenditures in Municipal Elections City Council Minutes April 22, 1974 Page 6 On the following roll call vote AYES Councilmen Gurnee, Graham, End Mayor Schwartz_ NOES Councilman Brown, and Norris ABSENT None Y * } * T 1 * * * { F * lY * � Consent Items C -1 Communication from Mrs Patricia Barlow, Chairwoman, Human Relations Commission, recommended that the City Council approve the appointment of Rev Orloff Miller as Social Services Coordinator for the balance of the fiscal year 1973/74, with salary effective April 23, 1974 It was the feeling of the Human Relations Commission that the Rev Miller has had extensive background in working with people and their problems He holds an A B degree in English from Mount Union College in Ohio, and another degree from Boston University and has done additional work in sociology and social ethics They felt he had excellent letters of reference and They hoped that the City Council would approve his employment from April 23, 1974 to June 30, 1974 Councilman Norris questioned the appointment of the Rev Orloff Miller as Social Services Coordinator for the City as he felt he was unfit to serve due to his public statements regarding the importance of formal marriage contracts R D Miller explained the position of Social Services Coordinator for the City was a contract employee and not a full -time employee to the CITY He also explained that the period would be To June 30, 1974, the salary he would receive would be $600 per month Dlus reimbursed ex- penses not to exceed $30 per month Mrs Pat Barlow, Chairwoman of the Human Relations Commission, spoke on behalf of the Human Relations Commission's recommendation to ap- point Rev Miller as Social Services Coordinator for the month of May and June, 1974 She then reviewed the activities that would be under- taken by the Social Services Coordinator On motion of Councilman Gurnee, seconded by Councilman Graham that the City Council approve the appointment of Rev Orloff Muter as City Social Services Coordinator for the period April 23, 1974 thru June 30, 1974 Motion carried on the following roll call vote AYES Councilman Gurnee, Graham, Brown, and Mayor Schwartz NOES Councilman Norris ABSENT None * * * * * * f * * * X 3F jE f 3F Councilman T Keith Gurnee brought to the Council's at- tention the fact that in studying the placement of bike paths on Los Osos Valley Road between Phase 18 II of Tract 467, Los Osos Valley Road was being constructed 20 feet narrower through Tract 467 than anywhere else in the City, which he felt was in violation of City standards and requirements as well as in violation of County standards He continued that if the City allowed this violation to continue it might cost the City great sums of money in the future to acquire land and widen the street He concluded That in addition there appears to be a conflict with the circulation plans of both the City Council Minutes April 22, 1974 Page 7 City and the County concerning the mayor connection of Los Osos Valley Road from Highway 101 to South Higuera Street, which he felt might in the future lead to a loss of gas tax revenue for the City He therefore urged the Council to suspend all approvals for ' Tract 467, Phase II, until the Council has had a chance to consider complete and thorough staff reports on these two problems The City Council discussed the report of Councilman Gurnee and his re- quest to hold up approval of the map of Tract 467, Phase II On motion of Councilman Gurnee, seconded by Councilman Graham that the City Planning Commission be asked to suspend approval and con- sideration of the precise plan of Tract 467, Phase II until a complete staff report has been submitted by the City staff at the May 6, 1974 Council meeting Motion carried, all ayes 3 Communication from Helmut Schleicher, regarding alleged vio- lations To the grading ordinance by the developer of the property at 1645 Encino Court was continued to the City Council meeting of May 6, 1974 for staff report 4 City Council adjourned to Executive Session 5 On motion of Councilman Brown, seconded by Councilman Graham the meeting adjourned to 12 10 P M Wednesday, May I, 1974 Motion carried APPROVED August 19, 1974 H PATRICK, CITY CLERK Pledge Roll Call City Staff MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA May 1, 1974 - 12 10 P.M Conference Room, City Hall Present John C Brown, Jesse Norris and Mayor Kenneth E Schwartz Absent Myron Graham, T Keith Gurnee Present J H Fitzpatrick, City Clerk, R D Miller, Adminis- trative Officer, D F Romero, City Engineer, Robert Vosburgh, Senior Design Engineer 1 The City Council reviewed the 1973/74 Fiscal Year Street Priority Report prepared by the City Engineer The projects were listed under three categories A Select System Streets B Local Streets C Chip Seal Coats Category "A" was further divided into three areas 1 Widening 2 Reconstruction 3 Overlays (Blankets) Councilman Graham arrived at the meeting at 12 30 P M D F Romero , City Engineer, stated that all priorities were listed, taking into accouht cost, condition of the street and the amount and type of vehicular traffic, establishing an informal cost - benefit ratio R D Miller, Administrative Officer, submitted a report of funds expected to be available during the 1974/75 Fiscal Year for capital street purpose as follows Sales Tax Street Money $140,000 00 Gas Tax 110,000 00 Select Road Funds 175,000 00 Capital Outlay 100,000 00 TOTAL AVAILABLE $525,000 00 2 The City Council received a request from the Citizens' Advisory Committee asking for a Joint meeting with the City Council to review the C A C proposed ordinance on Conflict of Interest prepared by them at the request of the City Council The Citizens' Advisory Committee hoped that the City Council would meet at a noon meeting, so the proposed ordinance could be presented at other than a Regular City Council Meeting The City Council took the request under consideration City Council Minutes May 1, 1974 Page 2 3 The City Council then adjourned to a field trip to review the Engineer's priority listing and to make changes if they so desired 4 The meeting adjourned after the field trip. APPROVED July 1, 1974 P4TPATRICK, CITY CLERK MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA Monday, May 6, 1974 - 7 00 P M Council Chambers, City Hall Pledge Roll Call PRESENT John C Brown, Myron Graham,T Keith Gurnee, Jesse Norris, Mayor Kenneth E Schwartz ABSENT None City Staff J PRESENT J H Fitzpatrick, City Clerk, R D Miller, Administrative Officer, A J Shaw, Jr , City Attorney, David Williamson, Assistant Admini- strative Officer, Wialaam Flory, Director of Park and Recreation, R A Paul, Water Depart- ment Director, D F Romero, City Engineer, Lee Schlobohm, Fire Chief, Robert Strong, Director of Planning and Building I Mayor Schwartz presented Frank Reed, Waste Water Plant Operator, the William H Hatfield Award for outstanding performance in Waste Water Plant Operation for Management and Advancement of Knowledge in the field of Water Pollution Control from the Tri- Counties Water Pollution Control Association 2 The City Council held a public hearing on the recom- mendation of the Planning Commission to rezone 2211 Broad Street from M, (Manufacturing District), to C -N -S, (Neighborhood Com- mercial Combining District) Robert Strong, Planning Director, presented the City Council the basis for the recommendation of the Planning Commission in rezoning the property from M to C -N -S He stated the subject property is located at the intersection of South and Broad Streets at 2211 Broad and is currently zoned M The property is developed with an abandoned service station The applicant requested rezoning of the subject property from M to C -N uses The surrounding land uses in- clude residential and office uses in the same block and residential, commercial and church uses in contiguous blocks The applicant de- sired to rezone the property in conformance with the General Plan to allow the establishment of neighborhood commercial uses on the subject property He concluded that it was the opinion of the Commission that the requested rezoning would not adversely affect the health, safety and welfare of persons living and working in the vicinity provided that design control was exercised and the use would be in conformance with the objectives of the General Plan Robert Strong continued that the commission determined that the "S" (design control) designation should be added due to possible traffic problems on Broad and South Streets and because of the neighborhood residential and church uses Mayor Schwartz declared the public hearing open rl I I� it L City Council Minures May 6, 1974 Page 2 Jerry Holland, applicant, spoke in support of the rezoning applica- tion stating that the existing service station building would be re- modeled with modifications for conversion to a retail liquor store Rev Robert Bowers, Minister of the Church of Christ, on South Street ' submitted a letter objecting to the rezoning stating that without the "S" design"controh classification they would continue to be opposed to the rezoning, but with the "S" designation of the Planning Commis- sion they felt would allow for better planning at this particular busy intersection Furrher, it would give tenants in the neighbor- hood more option in what might be located across the street from their new church building now under construction at 2201 Lawton Street Mayor Schwartz declared the public hearing closed The City Council and staff discussed the implication of adding the "S" suffix to the requested rezoning Councilman Gurnee stated he was in support of keeping the "S" desig- nation of the rezoning for control purposes which would involve the remodeling and modification of an abandoned service station building Councilman Norris stated that he too was in support of the Planning Commission's recommendation, and he would support the "S" designa- tion On motion of Councilman Gurnee, seconded by Councilman Norris, the following ordinance was introduced ORDINANCE NO 615 (1974 Series), an ordinance amending the official zone map of the City of San Luis ., Obispo (to rezone 2211 Broad Street) Passed to print on the following roll call vote AYES Councilmen Gurnee, Norris, Brown, Graham, and Mayor Schwartz NOES None ABSENT None 3 At this time the City Council considered the final passage of ORDINANCE'NO 613 An ordinance of the City of San Luis Obispo repealing certain obsolete and pre- empted sections of the Municipal Code related to trespassing, vehicle parking on private property, abandoned ice boxes, intoxication, drinking in public, and false re- Dorts to Police Department Mayor Schwartz declared the public hearing open No one appeared before the City Council for or against the final passage of the ordinance Mayor Schwartz declared the public hearing closed On motion of Councilman Graham, seconded by Councilman Brown, ORDINANCE NO 613 was introduced for final passage on the following roll call vote AYES Councilmen Grahm, Brown, Gurnee, Norris and Mayor Schwartz NOES None ABSENT None City Council Minutes May 6, 1974 Page 3 4 Councilman T Keith Gurnee brought to the Council's attention that in approving the Final Mao of Tract 467, Los Verdes Park Precise Plan, Phase II and also during the recent Council ' discussion concerning the establishment of bicycle lanes along Los Osos Valley Road between Phase I and Phase II of Tract 467, it was learned for the first time that Los Osos Valley Road was being constructed approximately 20 feet narrower through the Garden Homes development than anywhere else within the City, in violation of City requirements and standards as well as in violation of County standards. Councilman Gurnee continued that the Precise Plan for Phase II sustained the violation for an additional section of Los Osos Valley Road He informed the City Council that if they permitted structures to be built within Phase II without correction of this violation, it could be very expensive to the City to later condemn land to correct this problem He also felt there appeared to be a conflict between the circulation plans of the City and the County concerning the mayor connection of Los Osos Road from Highway 101 to South Higuera Street and then on out to the airport area He also felt that ap- proval of Phase II without further consideration of the street widths and the County plan could lead to a loss of gas tax revenue He, therefore, urged the City Council to consider complete and thorough staff reports on these problems David Williamson, Assistant Administrative Officer, submitted a re- David Williamson reviewed each action to date relative to this ex- tension of Los Osos Valley Road through Tract 467 He concluded to summary that a 64/84 foot section for Los Osos Valley Road had been shown on the street and highway elements of the City's General Plan adopted by the City and County since 1961 through this area Further, the alighment finally constructed had been shown on Division of High- way plans submitted for City review and approval since 1971 Further, the City General Plan had shown the alignment finally constructed since its adoption in 1973 All presentations, maps, construction plans and agreements have reflected both the alignment and width finally constructed Construction of the street section for Unit I was substantially completed as of this date, and plans and maps for Unit 2 were at a final stage for checking Further, the County staff had agreed to the constructed alignment and would recommend a mod- ification to the County Select System maps, thus, the City would be able to expend Gas Tax Revenues on this project David Williamson, Assistant Administrative Officer, recommended that in his opinion the constructed street section through Los Verdes Park followed long- standing City standards for a frontage road treatment, and followed the City General Plan and highway,agrAment,�He further believed the roadway section was comparable or better than the County standard Inadequacies which might or might not become significant in the distant future were brought about by the inclusion of bike lanes on this roadway If traffic at some future time would require the original full lane widths, which was not likely under the present General Plan, several alternates would present themselves A Bike lanes might be moved to the frontage roads, B Curb, gutter and sidewalk could be moved back on each side within the present right -of -way, port in chronological date order of the road alignment and width for Los Osos Valley Road through Los Verdes Park or Tract 467, starting with 1961 when the first City General Plan was adopted and showing a road alignmenT connection Los Osos Valley Road to Higuera Street by a route closely approximating that finally constructed in 1973 David Williamson reviewed each action to date relative to this ex- tension of Los Osos Valley Road through Tract 467 He concluded to summary that a 64/84 foot section for Los Osos Valley Road had been shown on the street and highway elements of the City's General Plan adopted by the City and County since 1961 through this area Further, the alighment finally constructed had been shown on Division of High- way plans submitted for City review and approval since 1971 Further, the City General Plan had shown the alignment finally constructed since its adoption in 1973 All presentations, maps, construction plans and agreements have reflected both the alignment and width finally constructed Construction of the street section for Unit I was substantially completed as of this date, and plans and maps for Unit 2 were at a final stage for checking Further, the County staff had agreed to the constructed alignment and would recommend a mod- ification to the County Select System maps, thus, the City would be able to expend Gas Tax Revenues on this project David Williamson, Assistant Administrative Officer, recommended that in his opinion the constructed street section through Los Verdes Park followed long- standing City standards for a frontage road treatment, and followed the City General Plan and highway,agrAment,�He further believed the roadway section was comparable or better than the County standard Inadequacies which might or might not become significant in the distant future were brought about by the inclusion of bike lanes on this roadway If traffic at some future time would require the original full lane widths, which was not likely under the present General Plan, several alternates would present themselves A Bike lanes might be moved to the frontage roads, B Curb, gutter and sidewalk could be moved back on each side within the present right -of -way, City Council Minutes May 6, 1974 Page 4 C The street could be widened on one side or both sides, utilizing the five foot landing area behind the curb on the frontage roads This, of course, would require approval of the Home Owners Associa- tion and acquisition of a road easement Considering that Buckley Road east of Los Verdes Park was two lanes, and that the adopted City General Plan indicated this road exten- sion at the edge of the urban fence, it would appear unlikely that significant traffic problems would occur on this portion of Los Osos Valley Road due to inadequate lane widths within present life times Therefore, it was his recommendation that no change in the width or alignment of the already constructed portions in Tract 467 be made D F Romero, City Engineer, submitted a letter from George C Protc- papas, County Engineer, for the County of San Luis Obispo stating he would recommend to the Board of Supervisors that select system item no 305 be modified to reflect the alignment proposed by the City of San Luis Obispo for Los Osos Valley Road through Tract 467 However, he felt that it would be in the best interest of the County residents residing in the vicinity of San Luis Obispo County Airport to extend the easterly extension of Los Osos Road further easterly across South Higuera Street and connect, via a curve, to Buckley Road If the City of San Luis Obispo would consider purchasing the necessary rights - of -way. he felt the County would consider constructing the necessary road improvements He felt adequate right -of -way should be provided to allow for the construction, when warranted, of a 12 foot left turning lane, 4 -12 foot travel lanes and 2 -8 foot bike lanes wiThin the City and eight foot bike lanes could also serve as emergency parking lanes Although, he concluded that approval of the request to modify the select system was not contingent upon the CiTy providing adequate rights -of -way for left turning traffic, bike lanes, or connections to Buckley Road Warren Dolezal, stated, as the developer of the Tract, he agreed wiTh the staff's recommendation as presented by the Assistant Administra- tive Officer Councilman Gurnee, stated he felt that the City Council should require compliance by the developer with the County section with an eight foot bike lane width Councilman Norris felt the Council should follow the prior action of the Planning Commission, the City Council, City Engineer and County Engineer and should not change dimensions now, and he would support the recommended staff decision Councilman Brown, stated he felt that the existing approved road section appeared adequate and felt that it would handle proposed traffic for many years to come Councilman Graham stated he would rather see eight foot bike lanes, but as the improvements were in, he felt he could live with it and also the City residents could live with it for many years to come Mayor Schwartz discussed with the City Engineer the adopted street widths of the City General Plan and County General Plan in this area He felt the General Plan street width should be more clearly defined, and he would accept the recommendation, although, he felt uncomfortable with five foot bike lanes City Council MinuTes May 6, 1974 Page 5 7A D F Romero, City Engineer, submitted for the City Council's consideration amendments to the 1973/74 Annual Transportation Claim in the amount of $150,105 10 After discussion with the City Engineer of the rearranged priorities of the 73/74 claim, it was moved by Councilman Gurnee, seconded by Councilman Brown the following resolu- tion was introduced RESOLUTION NO 2600 (1974 Series), a resolution of the Council of the City of San Luis Obispo revising the City's 1973/74 annual transportation claim against the local transportation fund of the County of San Luis Obispo to reflect final project status Passed and adopted on the following roll call vote AYES Councilmen Gurnee, Brown, Graham, and Mayor Schwartz NOES None ' ABSENT Councilman Norris 7B D F Romero, City Engineer, then presented for the City Council's consideration the 1974/75 Annual Transportation Claim in the amount of $189,710 25 against the local transportation fund of the County of San Luis Obispo And that $51,147 81 in the Claim was determined to be that portion of Transportation Claim to be On motion of Councilman Norris, seconded by Councilman Brown that the City Council lift the temporary prohibition on con- struction of Phase II, Tract 467 Motion carried All ayes, Councilman Gurnee voting no ' 5 D F Romero, City Engineer, submitted a report on the cost of improving the shoulder on the west side of Higuera Street between Creekside and Garden Homes Development The anticipated repair of the shoulder at a minimum, consisting of paving five feet of width could be accomplished by the City for a cost of ap- proximately $700 A more permanent repair, similar to that being conducted by the County on South Higuera Street beyond the City limits, would call for reconstruction of the shoulder with base and paving approximately eight feet wide, which he felt would cost approximately $2,000 In either event, he felt that the improvement would be lost when the adjacent property was developed and the street was widened On this basis, he recommended to the City Council that they adopt a minimum improvement to be made for the $700 total cost On motion of Councilman Brown, seconded by Councilman Graham that the City Council accept the recommendation of the City Engineer for minimal repair of the shoulder for a bicycle path with cost not to exceed $700 Motion carried, all ayes 6 D F Romero, City Engineer, then presented for the Council's consideration the street priority list for 1974/75 fiscal year as reviewed by the City Council and updated as of May 2, 1974 D F Romero briefly reviewed the street priority construction priority for select system streets, reconstruction, over -lays, etc ' On motion of Councilman Gurnee, seconded by Councilman Norris that the City Council adopt the street priority list for 1974/75 as amended by the City Council Motion carried, all ayes, no noes 8 05 P M , Councilman Norris left the meeting 7A D F Romero, City Engineer, submitted for the City Council's consideration amendments to the 1973/74 Annual Transportation Claim in the amount of $150,105 10 After discussion with the City Engineer of the rearranged priorities of the 73/74 claim, it was moved by Councilman Gurnee, seconded by Councilman Brown the following resolu- tion was introduced RESOLUTION NO 2600 (1974 Series), a resolution of the Council of the City of San Luis Obispo revising the City's 1973/74 annual transportation claim against the local transportation fund of the County of San Luis Obispo to reflect final project status Passed and adopted on the following roll call vote AYES Councilmen Gurnee, Brown, Graham, and Mayor Schwartz NOES None ' ABSENT Councilman Norris 7B D F Romero, City Engineer, then presented for the City Council's consideration the 1974/75 Annual Transportation Claim in the amount of $189,710 25 against the local transportation fund of the County of San Luis Obispo And that $51,147 81 in the Claim was determined to be that portion of Transportation Claim to be City Council Minutes May 6, 1974 Page 6 used as The City's share of a Transportation Planning Project, and the County of San Luis Obispo was hereby authorized and re- quested To designate said sum to the area Council for the pre- paration of the comprehensive regional transportation plan On motion of Councilman Gurnee, seconded by Councilman Graham, the following resolution was introduced RESOLUTION NO 2601 (1974 Series), a resolution or the Council of the City of San Luis Obispo approving the City's 1974/75 annual transportation claim against the local transportation fund of the County of San Luis Obispo, and designating a portion thereof for planning purposes Passed and adopted on the following roll call vote AYES Councilmen Gurnee, Graham, Brown, and Mayor Schwartz NOES None ABSENT Councilman Norris 8 10 P M Councilman Norris took his place at the Council table 8 D F Romero, City Engineer, submitted a report to the City Council on his department's contact with residents on Meinecke Street to see if the property owners were willing to pay The cost of modification of the driveways to conform To a City proposed and financed curb, gutter and sidewalk project, if the City of- fered three -year financing at 3% interest He continued the resi- dents were also asked their views regarding a municipal improvement on the north side only with the City paying all costs He then submitted a summary of the interviews as accomplished by his de- partment It was the consensus of the interviews of the property owners on Meinecke Street that they did not wish sidewalks on both sides, nor did they wish to pay for modifying their driveways with a three - year 3% payment plan The Majority of the property owners wished the sidewalk on the north side of Meinecke Street only, with the City paying all costs and no cost by the property owners D F Romero continued that the summary of the interviews showed that the City Mould be unable to obtain unanimity among property owners, but that the overwhelming majority were not willing to make any financial contribution toward the project He then concluded that it was his opinion that there were other pro - jects within the community of higher priority than this sidewalk improvement However, he stated if the Council wished to proceed, he would recommend that the alternate which would provide a six foot sidewalk on the north side of Meinecke Street only be followed This alternate would imply that the City would bear the cost of modification of the private driveways as it did on Chorro Street Councilman Graham stated he was in support of the City putting in the sidewalk on one side at the City's expense, and he would go along with the property owners, placing it on the north side r City Council Minutes May 6, 1974 Page 7 Councilman Gurnee also agreed with Councilman Graham's comments stating he felt the City had a moral obligation to put in side- walks after the ones placed by the property owners were removed by the City He too agreed with the sidewalk on the north side of Meinecke only Councilman Norris felt the City should move on to other items of much more importance to the City as it was his feeling the property owners on Meinecke Street did not wish to cooperate on installing any of the improvements on the property Councilman Graham stated he did not object to receiving and filing the problem, but felt that the City Council should commit themselves, put in the sidewalk where needed and at public ex- pense Mayor Schwartz also felt the City had some obligation to install sidewalk on one side of the street at public expense, as it was his information that the City had removed the sidewalk placed by the property owners, and he did not feel that they should be required to place another sidewalk after having one removed by the City On motion of Councilman Graham, seconded by Councilman Gurnee that the City authorize the preparation of plans and specifications for installation of sidewalk on the north side of Meinecke Street at total City expense Motion carried on the following vote ' AYES Councilmen Graham, Gurnee and Mayor Schwartz NOES Councilmen Brown and Norris ABSENT None 9 Communication from Wilsey 8 Ham, Planning Consultants for the Sinsheimer Recreation Complex, submitted a request to the City Council for an increase in their planning program due to increase in cost of preparation of the construction documents for the restrooms, consession and press box building for Sinsheimer Park Wilsey 8 Ham stated that they would incur a substantial increase in their cost for the preparation of these documents and they felt the reason for the increase was due primarily to requirements to process the plans through the State Office of Architecture and Construction and secondarily to the enlargement of the building itself They then briefly reviewed the type of building to be constructed, the sizes and the equipment wiThin the building They concluded that with the requirement thaT the State Office of Architecture and Construction approve any plans for buildings being built on public property or school property that the criteria for submittal increased the required number of drawings, changed the format of the plans and specifications and would add tremendously to the cost of preparations Further, in order to meet the require- ments of Title 21 of the California Administrative Code, the build- ings must be engineered and follow very stringent requirements Therefore, they requested $5,000 in additional consulting fees for this one portion of the contract alone David Williamson, Assistant Administrative Officer, submitted a report analyzing the request of Wilsey 8 Ham for additional funds City Council Minutes - - -- - �� May 6, 1974 — - -- - a Page 8 to complete the Sinsheimer Park Master Plan David Williamson stated that the letter agreement between the consultant c;d the City, itemized design and planning services totaling $40,000 Included in the contract amounrs were planning I services and architectural plans and details for restrooms, press box and concessions He stated that the main reason for requesting a fee increase on behalf of Wilsey 8 Ham was the result of costs incurred because of time delays in processing plans through the State Office of Arcgutectyre abd Construction, and secondly that the building itself had been increased in size It was the staff's belief that the consultant had been aware from the beginning that Sin - sheimer Park was school district property, thus, the State Office of Architecture and Construction approval was necessary, and as noted, the consultant was of the opinion on April 15 that the increased size of the building would not add substantially to the cost of design and plans, and could be absorbed in the existing budget It is also the opinion of the staff that the $40,000 contract to master plan a park of this size was ample rather than conservative and included allowances for unforeseen expenses The contract letter, March 27, 1973, had been mutually agreed upon by both parties and after considering the fairness and equity of the existing contract and this request, it was the staff's recommendation to the City Council that the consultant's request be rejected, and that in the alternative the balance of the con- tract be renegotiated Finally, it was the staff's undersranding That the City had made progress payments approximating $24,000 or ' sixty percent of the total contract amount, however, the City had not yet received completed work equaling the same percentage Therefore, he suggested that completed work items be provided be- fore any further payments were advanced reserving twenty percent until project completion to assure that all items would be per- formed pursuant to the original agreement On motion of Councilman Gurnee, seconded by Councilman Brown that the City Council deny the request of Wilsey 8 Ham for an in- crease of $5,000 in their master plan budget for Sinsheimer Park program, and that the City Clerk be instructed to notify Wilsey 8 Ham of the City Council's decision Motion carried, all Ayes 10 At this time the City Council considered the final ac- ceptance of the off -site improvements in Tract d60, A Volny, Developer D F Romero, City Engineer, stated that all improvements were in the tract, The subdivision was completed and that all the sub- division requirements had been met Further, the as -built plans had been received, had been checked, and he recommended to the City Council that the public improvements of Tract 460 be accepted by the City On motion of Councilman Brown, seconded by Councilman Norris , the following resolution was introduced RESOLUTION NO 2602 (1974 Series), a resolution of The Council of the City of San Luis Obispo accepting the off -site improvements in Tract 460 �Volny, developer) City Council Minutes May 6, 1974 Page 9 Passed and adopted on the following roll call vote AYES Councilmen Brown, Norris, Graham and Mayor Schwartz NOES Councilman Gurnee ABSENT None II D F Romero, City Engineer, submitted a report to the City Council regarding the possibility of formation of an under- ground utility district in conjunction with the Broad Street widening, Highway 227, being proposed for construction in the 74/75 year by the State Department of Transportation 0 F Romero reveiwed the time involved in formation of the district, the necessary public hearings, and the passage of var- ious ordinances, which he felt would take about three months for technical processing of the district Further, he reported he had discussed this matter with each of the utility companies involved the cost of the project and the problems related in the formation of this district The utility companies informed him that they would take up to 9 to 12 months to engineer the district and that construction time would involve 18 to 24 months addi- tional Therefore, the Council was now taking of 30 months at the soonest and 39 months at the longest for completion of the work Normally, the City Council had allowed the utility companies a period of 6 months from the time the underground work was complete, prior to the final removal of all overhead facilities, in order to allow property owners time to conduct necessary electrical modifications Therefore, if the City Council were to form an underground utility district in con- junction with the Broad Street widening, the project would take from a minimum of 36 months to a maximum of 45 months The City Engineer continued that the State of California had informed him that they must be under contract by June 30, 1975, or risk the loss of funds which were made available by the cancellation of another highway project He continued that the State estimated construction time would require approximately 24 months, with utility work having to commence about six months into the contract, or approximately 20 months from today's date The state did not feel that it could delay the contract or work around an underground contract which might not be completed for 45 months from this date The City Engineer concluded that on this basis, it would appear that the time schedule already committed on this project would simply not permit undergrounding of utilities Finally, the utility companies had given the City a rough esti- mate of the cost of undergrounding from Capitolio Way to High Street on Broad Street to be approximately $500,000 If this amount of money were not available to the utility companies as part of the P U C regulation, the money would have to be ad- vanced by the City, thereby placing a serious restriction on other City projects proposed in the next several years The City Council continued further discussion of this under- ground utility district for further investigation by the Coun- cil subcommittee Cary Council Minutes May 6, 1974 Page 10 IIA The City Council considered a communication from John Williams regarding bike lanes in conjunction with the Broad Street widening and submitted several recommendations for their consideration IIB John Williams submitted several alternates for con- ' sideraTion of bike lanes on Broad Street, and reviewed the pos- sibility of a parking prohibition and striping lanes adjacent to the curbs, adjacent to a parking lane, which would be a five foot strip eight feet out from the curb line This would exist on the east side of Broad Street and a normal five foot bike lane adjacent to the curb on the west side of Broad Street He felt this would be a good solution To reduce conflict between motorists and cyclists, and would allow for smooth regulated flow of traffic for both bikes and automobiles He also felt the solution required no extra funds, no redesign of right -of- way or further acquisition, and would serve the cyclists' needs much more than sidewalks or more elaborate solutions He therefore recommended that the City Council adopt the proposal as a recom =, mendation to the State DepartmenT of Transportation Councilman Gurnee stated that he liked the presentation of John Williams, and he would agree with the proposal for Broad Street Councilman Brown also stated thaT he approved with the recommen- dation of John Williams On motion of Councilman Brown, seconded by Councilman Graham that the City Council accept The recommendation of John Williams I for bike lanes on Broad Street for staff guidance in negotiations with the State for improvements of Broad Street Motion carried, all ayes 12 A Communication from the Human Relations Commission submitting a report on their examination of the proposal for Mid - dlehouse for a one -time capital funding from the City's Revenue Sharing funds in the amount of $12,690 Mrs Pat Barlow, Chairwoman, and other members of the Human Re- lations Commissions visited the existing Middlehouse facility, talked with the directors and the founder regarding their program for alcoholic rehabilitation It was the feeling of the Human Relations' investigating team That there was a definite need for additional space to accommodate female alcoholics at the Mid - dlehouse establishment Mrs Barlow stated that the funds requested represented the City's share 27% of the total construction cost of $47,000 which included previous construction indebtedness spread over the county on a per capita basis It was the recom- mendation of the Human Relations Commission that this request was justified, and recommended to the City Council its approval for funding The Human Relations Commission then submitted a narrative report on the Middlehouse operation and its service to the community The $12,690 requested by Middlehouse through the Human Relations Commission was based on the County -wide popula- tion of 1970 with the other cities and the county contributing their share Peter Andre, Attorney, appeared before the City Council on behalf of Middlehouse's request for City funds and to pay off a porTion of the construction of an addition to the facility for female al- coholics Mr Andre continued that this was an unknown area to City Council Minutes May 6, 1974 Page II many people, but that the problem of alcoholism affected many women and they needed a half -way house to get back into the main stream of life Further, he felt that a $12,690 investment in saving some people was very little the City could do on behalf ' of this project He hoped that the City Council would come forth with the funds as recommended by the Human Relations Com- mission Councilman Gurnee - stated that he was in support of the request, he felt it was a worthy program, but that he wished the matter of funds to be continued to the budget study for inclusion in the budget Councilman Norris stated that it was a good program, helped many people, and he would support the request for funds Councilman Brown also stated he felt that the City should support the request of Middlehouse, it was a good program and he would support its operation Councilman Graham stated while he thought it was a good program, he wondered if the committee felt that the requested funds could be given to Middlehouse over a period of three years instead of in a lump sum In this way, additional funds could be developed for other social services and still take care of Middlehouse over a number of years Mayor Schwartz also felt that this was a good program, it was a benefit to the citizens and to the community, but wondered if it ' would be better for the Council to consider it in the 1974/75 budget request from the Human Relations Commission After discussion by the City Council, the matter was continued to the budget session at which time the Human Relations Commission budget would be discussed 13 A memorandum from David Williamson, Assistant Administra- tive Officer, regarding the complaints of Helmut Schleicher re- garding the retaining wall and grading done by the owners at 1645 Encino Court David Williamson reviewed the background of the problems in Tracts 290 and 305 which were approved in 1960, and in which the resi- dents at 1645 Encino Court exists He also submitted a report prepared by Central Coast Laboratories on compaction tests and a report by Fred H Schott and Associates, Civil 8 Structural En- gineers hired by the City on April 17, 1974 to study the retaining wall at 1645 Encino Court The report stated that there was no evidence of failure in the wall and that apparently everything was done according to the code The development of the property complied with the City's codes and ordinances and accepted engineer- ing standards Or Helmut Schleicher, 2640 El Cerrito Court, stated that he did not agree with the reports of the engineer, Mr Robert Welliams; and he had not had an opportunity to study the documents as pre- pared by Fred Schott and asked that the City Council continue dis- cussion on this matter until he had an opportunity to study the problem City Council Minutes May 6, 1974 Page 12 Councilman Norris stated that he had looked into this matter to the best of his ability and he would be willing, at this time, to receive and file the matter and move on to something more important Councilman Brown agreed stating that he felt the City Council had been more than cooperative in listening to Dr Schleicher's complaints, but that he felt the work now that three engineers had certified the work as being done according to code and or- dinance, he would be willing to receive and file the matter The majority of the council felt the matter could be continued to May 20, 1974 for final presentation by Or Schleicher 9 35 P M Mayor Schwartz declared a recess 9 50 P M The City Council reconvened, all Councilmen present 14 Stan Bower, 2704 Loomis, Cuesta Park Animal Hospital, appeared before the City Council requesting an adjustment in his water bill, which was extremely high due to a break in the line over which he had no control He explained the conditions of the water bill received by him and his attempts to try to find the leaks, if any He stated he had always attempted to keep his property and his water lines in proper order, but unless it was brought to his attention there would be no way in which he would know there was a broken water line He asked the City Council to give same consideration to reducing his water bill at it was quite expensive R A Paul, Water Department Director, presented the City's side of the problem stating that it was true there was an extremely high water bill on the Bower property but that the water was de'' -w livered through the meter and that the leaks occur,ed between the meter and Dr Bowers' property He stated the fact that the lines apparently had worn out through electrolysis might be beyond the conTrol of the property owner, but he would recommend that there was no basis for adjustment in accordance with the ordin- ances on the books at this time On motion of Councilman Graham, seconded by Councilman Brown that the City Council relieve the property owner by a one -third reduction in the water bill with payment of the balance be made over a six -month period The basis for this reducTion was that the line was damaged by electrolysis, which was beyond the control of the property owner and that this was disasrer relief by the City Council Motion carried, Councilman Gurnee voting no 15 The Waterways Planninq Board minutes of their meetings of April 5 and 19, 1974 were ordered received and filed, with action duly noted of the Waterways Planning Board 16 Memorandum from Councilman T Keith Gurnee regarding interim changes to the subdivision and grading policy Councilman Gurnee stated that the Council must remember that in considering_ttie approval of the Roger Brown, Sherwood Terrane Tract 471, thaT a number of inadequacies within the City's sub- division and grading ordinance and their administration and en- forcement by the City staff were brought to light Too often _J City Council Minutes May 6, 1974 Page 13 the ordinances of the City and their application had been cri- ticized and their shortcomings exposed, and no corrective action was initiated ' While the City Council had committed itself to a comprehensive revision of the City zoning, subdivision, and grading ordinances, by outside consultants, he felt that the Council should take some interim action to amend its policies and standards until a complete overhaul of these standards could be made He, there- fore, recommended that the City Council adopt the following interim policies and standard revisions in anticipation of a new ordinance I Require that the characteristic terrain within each proposed individual lot dictate the size of that lot or, require that the City's cross - slopes standards be applied to each individual lot �athery than to the subdivision as a whole 2 Shift the enforcement of the subdivision and grading or- dinances from the Engineering Department to the Planning Depart- ment, or effectively implement the interdepartmental team ap- proach to land development as approved by the City Council some time ago 3 Require that lot area and design standards be strictly en- forced in hillside or sloping areas and that variances or ex- emptions to lot dimension standards not be granted in these areas 4 Require that keen scrutiny be devoted by the Planning Depart- , ment, the Engineering Department, and the Planning Commission to possible on -site and off -site cummulative environmental impacts of each proposed subdivision and each mayor grading operation proposed by land developments- 5 Require that all tentative and final tract maps submit grading plans accurately depicting existing and proposed grades, maximum and average cut and fill depths, areas subjected land grading and disturbances, and cross - section profiles of maximum and normal characteristic cuts and fills relative to human sca,le and the scale of the proposed structures In addition to the interim amendments to policies and City ordinance he felt the City Council should direct their consultants or staff to evaluate and recommend amendments to the subdivision and grading ordinances of the City in evolving special standards to hillside developments A Re- evaluate lot size-cross-slope requirements for sloping areas to restrict development to large lot sizes or to density transfer areas involving a minimal disturbance of land B Develop criteria for determining environmental impact of hill- side development C Relax City street and sidewalk right -of -way requirements in areas of steep grade D Require architectural and site controls for all construction on lands over ten percent grade City Council Minutes May 6, 1974 Page 14 E Regulate winter or rainy season grading operations or re- strict grading in hillside areas to the non - winter months to minimize erosion and waterway siltation caused by rains and the scarification of land ' F Require as a condition of development the sustained planting of cut, fill and other erosion sensitive areas with erosion - preventative vegetative materials Therefore he requested that the City Council endorse the recom- mended interim amendments, direct the administrative staff to design for and accommodate the necessary administrative adjustments and direct staff to prepare pertinent amendments to the City's subdivision and grading ordinances And further, that the pro- posed re- evaluation and establishment of hillside development standards should be taken into consideration by the City staff and consultants Robert Strono, Planning Director, stated that the Engineering and Planning 8 Building Departments were rewriting the grading ordinance and also were preparing interim changed to the sub- division ordinance to be in operation until the new consultants had submitted new ordinances for the Council's consideration which would be here in six months to a year In the mean time, he suggested that the City require an E I R on all areas of sensitive nature which would bring the points to the Council's attention and Planning Commission as suggested by Councilman Gurnee Councilman Norris stated that he was opposed to the acceptance ' of the recommendations of Councilman Gurnee as he felt that all these recommendations would do was add cost to the development of lots within the City and that with the shortage of lots avail- able for development it was dust adding cost to the citizens who were trying to buy a house to live in D F Romero, City Engineer, suggested to the City Council that Councilman Gurnee's recommendations should not be adopted to- night without a complete discussion of the implication of each recommendation He felt that the recommendations of Councilman Gurnee should be referred to the City staff for study and recom- mendation to the City Council and Planning Commission Councilman Brown agreed that the recommendations presented by Councilman Gurnee should first be referred to the staff for com- ment and clarification before the City Council took any action Councilman Graham also felt that the City staff should first re- view Councilman Gurnee's recommendation and submit reports to the City Council on action to be taken on each iTem and further, the implication and cost factor that might be involved in their adop- tion by the City Council Mayor Schwartz stated that he did not feel that the City Council should adopt interim policies until the staff at least had made a recommendation and study of the interim proposals He felt strongly on a cooperative approach to development with staff working together, not in opposition, which would be bad for the public He agreed that the staff should take direction from item 5 of Councilman Gurnee's interim policies which would City Council Minutes May 6, 1974 Page 15 The recommendation for interim changes was referred to staff for study -and answer to the City Council 17 Memorandum from Councilman T Keith Gurnee urging the adoption of amendment to the zoning ordinance prohibiting certain residential development in excess of the densities shown on the General Plan pending completion of the new zoning ordinance Councilman Gurnee stated that the City had recently committed itself to a definitive planning program by placing sorely needed planning studies in a high orio n ty on the City's Capital Improve- ment Program and by retaining highly qualified staff and consultant teams He felt one aspect of this planning program was a comprehen- sive revision of the City's zoning and subdivision ordinances, the completion of which would not be received by the City before the end of the year He continued that while the Council should expect much of these new ordinance revisions in guiding the orderly future growth of the Community, the prospect of the comprehensive revamping should not deter the Council from enacting measures to treat acute problems that occurred in our existing ordinances in the interim period He felt that one of these parTicularly blatant problems was the simple inconsistency of the density allowances of the current ¢oning,ordinance with the density prescriptions put forth in the adopted General Plan He then submitted for the Council's consideration a table showing both the theoretical and typical residential density allowances which were grossly out of line with the dwelling unit density prescriptions of the General Plan, particularly in the case of multiple dwellings He felt the inconsistencies were self - evident, yet development proposals continue to be processed according to the outmoded densities of the zoning ordinance He felt the problem was of sufficient urgency That it represented a continuing violation of State statutes to have zoning ordinances inconsistent with the General Plans, and he felt it merited immediate and decisive Council action He felt that as the progress and realization of an amendment to make the maximum allowable densities of our zoning ordinance consistent with the density prescriptions of the General Plan would take nearly three months, and he felt the City Council could not tolerate the continued approval of developments that ' were inconsistent with the General Plan He therefore submitted for the Council's consideration a proposed ordinance as an urgency measure and requested its consideration by the City Council He then presented an urgency ordinance of the City of San Luis Obispo prohibiting certain residential development in excess of the densities shown on the General Plan pending completion of the new zoning ordinance require that all tentative and final tract maps subm)T grading plans accurately depicting existing and proposed grades, maximum and average cut and fill depths, areas subjected land grading and disturbances, and cross - section profiles of maximum and norman characteristic cuts and fills relative to human scale ' and the scale of proposed structure The recommendation for interim changes was referred to staff for study -and answer to the City Council 17 Memorandum from Councilman T Keith Gurnee urging the adoption of amendment to the zoning ordinance prohibiting certain residential development in excess of the densities shown on the General Plan pending completion of the new zoning ordinance Councilman Gurnee stated that the City had recently committed itself to a definitive planning program by placing sorely needed planning studies in a high orio n ty on the City's Capital Improve- ment Program and by retaining highly qualified staff and consultant teams He felt one aspect of this planning program was a comprehen- sive revision of the City's zoning and subdivision ordinances, the completion of which would not be received by the City before the end of the year He continued that while the Council should expect much of these new ordinance revisions in guiding the orderly future growth of the Community, the prospect of the comprehensive revamping should not deter the Council from enacting measures to treat acute problems that occurred in our existing ordinances in the interim period He felt that one of these parTicularly blatant problems was the simple inconsistency of the density allowances of the current ¢oning,ordinance with the density prescriptions put forth in the adopted General Plan He then submitted for the Council's consideration a table showing both the theoretical and typical residential density allowances which were grossly out of line with the dwelling unit density prescriptions of the General Plan, particularly in the case of multiple dwellings He felt the inconsistencies were self - evident, yet development proposals continue to be processed according to the outmoded densities of the zoning ordinance He felt the problem was of sufficient urgency That it represented a continuing violation of State statutes to have zoning ordinances inconsistent with the General Plans, and he felt it merited immediate and decisive Council action He felt that as the progress and realization of an amendment to make the maximum allowable densities of our zoning ordinance consistent with the density prescriptions of the General Plan would take nearly three months, and he felt the City Council could not tolerate the continued approval of developments that ' were inconsistent with the General Plan He therefore submitted for the Council's consideration a proposed ordinance as an urgency measure and requested its consideration by the City Council He then presented an urgency ordinance of the City of San Luis Obispo prohibiting certain residential development in excess of the densities shown on the General Plan pending completion of the new zoning ordinance City Council Minutes May 6, 1974 Page 16 Councilman Norris stated that he did not see this matter as an urgency matter, and felt the City was moving ahead with review- ing and adopting of new zoning ordinances, not alone without a new General Plan He also felt that everyone felt that the 1973 General Plan was no good ano a new one was being prepared and he did not see why the City Council should adopt an urgency ordinance which was in conflict with a plan that nobody respected The City Attorney, A J Shaw explained the provisions of para- graph four of the urgency ordinance, which was done in confor- mance with California Government Code Section 65850 which would require a four - fifths vote of the City Council in order to enact said ordinance Councilman Norris continued that he felt this matter should go to the Planning Commission for formal hearing without the City Council changing land uses without hearings Councilman Brown also stated he failed to see the urgency of this matter He felt it first should go to the Planning Commission for public hearings on the proposed changes for public consider- ation Councilman Granam agreed with Councilman Brown's comments as he felt that there was a lack of urgency and he felt that the Planning Commission should get public input before adopting such an ordinance Mayor Schwartz also stated that he did not feel there was an urgency in this matter He felt that with the City proposing new ordinances and General Plan with new consultants, that it should be prepared by consultation with each other He felt that Councilman Gurnee's memo should be sent to the Planning Commission for their information Councilman Gurnee spoke in support of his urgency ordinance, which he felt would put this City in general compliance wiTh State Law On motion of Councilman Norris, seconded by Mayor Schwartz that the memorandum be referred To the Planning Commission for their information Motion carried on the following roll call vote AYES Councilman Norris, Mayor Schwartz, Council- men Brown and Graham NOES Councilman Gurnee ABSENT None 18 A J Shaw, City Attorney, submitted to the City Coun- cil a lengthy opinion by the California Appellate Court, which held that LAFCO must prepare an E I R in connecTion with pro- posed annexations of territory to a City Such an E I R ap- peared to be in addition to any E I R which may be prepared by a City for a proposed annexation The City Attorneyfelt that this was a matter for urgent con- City Council Minutes May 6, 1974 Page 17 sideration and coordination by the City and LAFCO so that un- necessary duplication may be avoided He felt that this prob- lem should be resolved before the City accepted any more ap- plications for annexation The City Council discussed with the City Attorney the impli- cation of the Appellate Court's decision in this matter The City Council decided to take no action, but asked Council- man Brown, the City's representative on LAFCO, to take this matter up with them for information and action and to bring back any recommendation that the City Council feels was ap- propriate ISA Memorandum from David Willmamson, Assistant Admini- strative Officer, David Williamson stated that he was asked for a status report on the adoption of procedures and policies by the Architectural Review Commission He continued that City Ordinance No 600 provided for the establishment of an Archi- tectural Review Commission effective May I, 1974 and for City Council approval of bylaws, procedures and policies to be used by the Commission He stated that bylaws and procedures had been adopted by the Architectural Review Commission, however there had been some question concerning the applicability of these procedures and their effect on the operational aspects of several City depart- ments These matters were now in process of being cleared up ' and a full report will be presented to the City Council at their May 20, 1974 meeting David Williamson stated that he had advised the Community De- velopment Departments and the staff assigned to the Architec- tural Review commission that business should be conducted as usual by the A R C until the Council had adopted A R C bylaws, procedures and guidelines The Architectural Review Commission would be meeting on May 13, 1974 which was prior to the next City Council meeting In order not to unduly delay projects in progress, he had advised staff members serving the A R C to use the preliminary bylaws and procedures until these procedures were formally adopted by the City Council The City Council stated that this was a proper decision and that they were looking forward to discussing the A R C procedures at their next meeting on May 20 19 The City Council received a lengthy report from the Mission Plaza Development Committee on the next phase of im- provement for the Mission Plaza area The Committee stated that since November, 1973 when the Committee was established, consisting of representatives of the Park d Recreation Commis- sion, Design Review Board, the Downtown Association, the Water- ' ways Planning Board and staff members from the Engineering, Park 8 Recreation and Planning Departments, who had prepared a report for the next phase of development of the Mission Plaza project l ,for the Council's consideration The initial step by the Com- mittee had been the adoption of a statement of what the Mission Plaza Project represented City Council Minutes May 6, 1974 Page 18 The purpose of the Mission Plaza Project was to provide a place to present the City's heritage, history, culture and way of life in an interesting and educational manner which would serve and please the City's citizens and its visitors The objective was to make Mission Plaza a place That in itself would speak of the life and people of San Luis Obispo The Mission Plaza Development Committee then submitted a re- port to be the basis of a preparation for a Master Plan for the Mission Plaza, which would include such elements as a circu- lation element, a creek element, museum expansion element, aril center enlargement, information center and chamber of Com- merce offices, community center, play areas, etc The committee also submitted a letter from the Design Review Board and agreeing with the concepts of the report presented by the Committee feeling that the report contained many good ideas and represented a point from which master planning of the proposed area could begin, and offering their continued sup- port to the Mission Plaza Development Committee through repre- sentation of Members of the Design Review Board After discussion with representatives, various staff members representative of the Mission Plaza Development Committee, they requested Council approval to solicit proposals from Architects to design the next phase of the Mission Plaza area on the basis outlined in their report presented this evening On motion or Councilman Gurnee, seconded by Councilman Graham that the City Council adopt the proposal as Council guidelines for the Mission Plaza development Committee, and that the staff be author- ized to solicit proposals from Architects for development of the Master Plan * * * x * * x s x * * * CONSENT ITEMS C -I Payment was authorized for claims against the City of San Luis Obispo subject To approval by The Administrative Officer C -2 Consideration of the City Council minutes of January 16, February II and 26, March 1,6 and 11, and April 8 and 10, 1974 was continued to the next meeting C -3 On motion of Councilman Norris, seconded by Councilman Brown the following contract payments were approved Karleskint -Crum, Inc Est N3 $3,725 46 MEADOW PARK, PHASE III 1 City Plan No 4 -74 Ted Watkins Construction Est #2 X13;561.20 CREEK BANK REPAIRS City Plan No 23 -74 R Burke Corp STREET RESURFACING PROJECT City Plan No 35 -74 Mid -State Const Co SENIOR CITIZENS CENTER ADDITION Dennis Landscape Street Tree Planting Foothill 8 Santa Rosa City Council Minutes May 6, 1974 Page 19 Est #1 24,153 88 Est #7 C 0 N2 C C 0 NI 9,303 40 250 00 546 00 C -4 The request from Associated California Employees Local Coordinating Council requesting City Council support of the de- velopment of a Health Maintenance Organization (HO) in the County of San Luis Obispo was approved and the City Clerk was to submit a letter to ACE Local Coordinating Council C -5 The request from El Camino Foreign Car Club for use of Santa Rosa Park for 6th Annual Concours D' Elegance on May 26, 1974 using a public address system was approved subject to the control of the public address system C -6 The Administrative Officer announced the following ap- pointments Frank A Brown as Janitor beginning at Step I or $536 effective May I, 1974, subject to one -year probationary period, and Gary D Orbeck as Police Officer beginning at Step I or $816, effective June I, 1974, subject to one -year probationary period C -7 The continued consideration of the EASEMENT from PG &E and Pacific Telephone & Telegraph Company (continued from April I, 1974) for overhead wires near the Recreation Center was ap- proved and the following resolution was introduced RESOLUTION NO 2603 (1974 Series) a resolution of the Council of the City of San Luis Obispo granting an easement for public utility purposes across City owned property at the City Recreation Center Passed and adopted on the following roll call vote AYES All NOES None ABSENT None C -8 The CORPORATION GRANT DEED',fromlReeder Development Corporation for Higuera Street widening was accepted and the Mayor was authorized to record C -9 The CORPORATION GRANT DEED from Arnold A Volnv and Diana M Volnv, Volny Construction Inc , for the purpose of street widening on Peach Street was accepted and the Mayor was authorized to record City Council Minures May 6, 1974 Page 20 C -10 The Claim against the City of San Luis Obispo from Josephine Bowden for damage done when sewage backed up into her house was denied and the claim was referred to the insur- ance carrier C -II The Claim against the City of San Luis Obispo from Hart T Goodman for damage done to his car on April 5, 1974 was denied and the claim was referred to the insurance car- rier C -12 The Communication from the Deoartment of Finance regarding the January, 1974 population estimate for cities in California, also copies of statistical tables for comparison purposes was ordered received and filed On motion of Councilman Brown, seconded by Councilman Norris all the consent items were approved Councilman Gurnee left the meeting at II 30 P M B -I City Clerk reported on the following bids received for BULLOCK LANE SEWER EXTENSION; City Plan No 39 -74 Bids opened May I, 1974 at 2 00 P M Engineer's Estimate $6,930 00 R Baker Const Co , Inc 4,474 55 P 0 Box 419 Arroyo Grande, CA Charles A Pratt Const Co 5,638 26 ' P 0 Box 1295 San Luis Obispo, CA The low bid of R Baker Const Co approved on motion of Coun- cilman Brown, seconded by Councilman Norris B-2 The City Clerk reported on the following bids received for SEWER SIPHONS PROJECT, City Plan No 13 -74 Bids opened on May I, 1974 at 2 30 P M Engineer's Estimate $16,850 00 Walter Bros Const Co , Inc 25,000 00 P 0 Box 809 San Luis Obispo, CA R Baker Consi Cc , Inc 49,320 00 P 0 Box 419 Arroyo Grande, CA Charles A Pratt Const Co 57,581 35 P 0 Box 1295 San Luis Obispo, CA David F Romero, Citv Engineer, stated that Walter Bros had informed him that this firm had made an error in its bid in not taking into proper account Fish and Game requirements, and had asked that its bid be withdrawn A J Shaw, City Attorney, explained the legal responsibilities of the City on the contractor and asked that in the future Fish 8 Game requirements be included as a separate bid item to be considered by the City Council D F Rdmero stated in fairness to all that he recommended that all bids be rejected and that the project be rebid with full knowledge of all bidders City Council Minutes May 6, 1974 Page 21 On motion of Mayor Schwartz, seconded by Councilman Graham that the City Council release Walter Brothers from their bid and further that all bids be rejected and that the City readvertise for bids with full information available to all bidders Motion carried B -3 City Clerk's report of the following bids received for 1 0 0 F CEMETERY WALL RECONSTRUCTION, City Plan No 41 -74 Bids opened May I, 1974 at 3 00 P M Engineer's Estimate $3,347 40 J D Concrete 3,347 77 2815 Johnson Avenue San Luis Obispo, CA Walter Bros Const Cc 3,451 93 P 0 Box 809 San Luis Obispo, CA On motion of Councilman Brown, seconded by Councilman Norris, the low bid of J D Concrete was accepted B -4 The City Clerk reported on the following bids received for WATERWAY OBSTRUCTION ABATEMENTS NO 2, Citv Plan No 42 -74 Bids opened May I, 1974 at 3 30 P M Engineer's Estimate $3,450 00 Walter Bros Const Co 4,050 00 P 0 Box 809 San Luis Obispo, CA On the motion of Councilman Brown, seconded by Councilman Norris the low bid of Walter Brothers Const Co was accepted B -5 City Clerk reported on MATERIALS FOR PLAY EQUIPMENT AT MEADOW PARK. Bids opened May 6, 1974 Jesse Bentley Boyde Const Co San Luis Mill $1,550 00 plus tax 1,700 00 plus tax On motion of Councilman Brown, seconded by Councilman Norris the low bid of Jesse Bentley was accepted II 40 P M Councilman Gurnee returned to the meeting TRAFFIC COMMITTEE REPORT TC -1 74 -5 -IT It has been reported to us that the yellow loading zone on the Pismo Street frontage of Kwik -Way Market at the corner of Pismo and Osos is no longer being used It is therefore suggested that this zone which is approximately two car spaces long be converted to two hour parking We have also asked Mr Romero to contact the business and see that City Council Minutes May 6, 1975 Page 22 they replace the driveway ramp to the west with standard sidewalk providing it is no longer being used for driveway purposes TC -2 74 -5 -2T It has been reported to us that the red zone , on the north side of Pismo along -side City Neon is no longer necessary now that the re- frigeration plant across the street is closed We therefore recommend that this red zone consisting of approximately eight car spaces be eliminated TC -3 74 -5 -3T The Sports Center motorcycle establishment located at the southwest corner of South and Higuera has requested that 36 minute time limit parking be established in front of their busi- ness on South Street We have no objection and recommend that three spaces extending back from the Higuera intersection be so designated TC -4 74 -5 -4T The City Engineer has reported that we have been experiencing serious traffic congestion and confusion in the vicinity of the County Museum To help the situation, he recommends that an additional stop sign be placed on South Broad at Monterey stopping northbound u traffic on Broad He also recommends that five metered spaces in front of the museum be eliminated, thus allowing changing of the cen- terline on Monterey St We concur with the stop sign suggestion and so recommend against eliminating the metered spaces since They are useful to tourists, museum visitors, etc TC -5 74 -5 -5T Now that the area is built up, Mr Romero recom- mends that a slsW sign be placed on Clover St at Patricia stopping Clover traffic We so recommend TC -6 74 -5 -6T Now that the Foremost Dairy has moved, the police chief suggests that the twelve minute time limit space in front of the old office on Higuera St be removed We so recommend TC -7 74 -5 -7T Mr Romero has pointed out that the east side of Nipomo between Higuera and Monterey has no parking restrictions while the west side does We concur with his recommendation that a two - hour time limit zone be established on the east side as well, to be effective 9 a m to 6 p m , Sunday and holidays excepted TC -8 74 -5 -8T Robison Electronics has requested that parking be eliminated on the east side of Sacramento t Drive exTending southerly from Capitolio Way to his plant entrance driveway since this is a half street and there is parking available in several off - street parking lots maintained in connection with the business fronting Sacramento Way and also in a red rocked area City Council Minutes May 6, 1974 Page 23 abutting the west side of Sacramento We agree that the present situation is hazardous and recommend that signs be installed in the ' sidewalk designating the parking restriction TC -9 74 -5 -9T Mr Romero has continued to look at the traf- fic situation at Laurel and Johnson and feels visibility would be improved by eliminating one more car space on the west side of Johnson north of Laurel Lane We so recommend On motion of Councilman Gurnee, seconded by Councilman Norris the following resolution was introduced RESOLUTION NO 2604 (1974 Series), a resolution of the Council of the City of San Luis Obispo establishing restricted parking on portions of Pismo, Nipomo and South Streets, eliminating parking restrictions on portions of Pismo Street and Higuera Street, prohibiting parking on portions of Johnson Avenue and Sacramento Drive, and establishing stop signs on Broad Street and Clover Drive Passed and adopted on the following roll call vote AYES Councilmen Gurnee, Norris, Brown, Graham, and Mayor Schwartz NOES None ABSENT None TC -10 74 -5 -IOT Suggestion for four -way stops at Patricia and Highland and Patricia and Daly by Arthur C Duarte, 572 Patricia, at Osos and Palm suggested by Mrs S M Forden, 770 Serrano Drive TC -11 74 -5 -IIT Another request from the Sinsheimer PTA for a hearing on the matter of imposing further parking restrictions on Augusta St Before doing anything further on this, we would like to have the benefit of the bikeway study recom =. mendations being prepared by John Williams This is also true of the bike lane proposal along the east side of lower Higuera referred to the Traffic Committee by the Council TC -12 74 -5 -12T Another request from the Housing Authority for a second passenger loading zone in front of the Anderson Hotel on Morro Street We are afraid of such a zone on a narrow street and also, we don't feel it would be as useful as the Monterey St entrance because of the half flight of steps involved which could pre- sent a problem for older and /or handicapped residents TC -13 74 -5 -13T Suggestion of Ray Sabersky, 1344 Pacific Street, that the intersection of Pacific and Pepper be closed The fire department, police department and the public works department recommend against this as do several of the neighbors City Council Minutes May 6,_ 1974 Page 4 TC -14 74 -5 -14T Suggestion by Mrs Forden that stop sign on >_ Murray at Broad be removed and request from Robert E Barrows, 770 Meinecke Street, for several marked crosswalks on Chorro Street The time has come for the previously scheduled review of the Broad St stop signs by the Traf- fic Committee and we feel that the final dis- position of that item might have an effect on these other suggestions Traffic Committee Item No TC -14 was held over for further study The City Council adjourned to Executive Session The City Council adjourned to a point study meeTing with the Citizens' Advisory Committee on May 13, 1974 at 7 30 P M , on motion of Councilman Brown, seconded by Councilman Graham, all ayes APPROVED August 19, 1974 , F trick, City Clerk Pledge Rn I I r:a I I MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA MAY 13, 1974 - 7 30 P M COUNCIL CHAMBERS, CITY HALL ,PRESENT John C Brown, Myron Graham, T Keith Gurnee, Jesse Norris and Mayor Kenneth E Schwartz ABSENT None City Staff PRESENT J H Fitzpatrick, City Clerk, R D Miller, Administrative Officer, A J Shaw, Jr , City Attorney, David Williamson, Assistant Administrative Officer, Wayne Peterson, Assistant City Engineer ------------------------------------------------------------ ----------- - - - - -- I Assistant City Engineer, Wayne Peterson, presented for the Council's consideration plans and specifications for the LINCOLN -BROAD DRAINAGE IMPROVE- MENT PROJECT Wayne Peterson presented the plans and specifications explaining the scope of the project and stated that it was estimated at $79,000 plus On motion of Councilman Gurnee, seconded by Councilman Norris that the plans and specifications be approved and that the City Engineer be authorized to proceed with advertising for bids 2 Council consideration of the proposed ordinance prepared by the ' Citizens' Advisory Committee on Conflict of Interest Mr Tim Beedle, Chairman, Citizens' Advisory Committee, and members Mrs Nybak and Mr Gruber appeared before the City Council presenting the recommendation of the Citizens' Advisory Committee Tim Beedle reviewed the proposed ordinance section by section for the City Council's informaffon He stated that the reason for adopting such an ordinance was to encourage the independence, impartiality, and honesty of City officials and employees in all governmental actions and decisions, to inform citizens of the existence of personal economic interest which may present a conflict of interest between the official or employee's public trust and private gain, to prevent public office from being used for personal gain other than the remuneration provided by law, to assure that governmental decisions and policy be made in the proper course according to the proper procedures and considerations, to prevent special interests from influencing governmental decisions and policy to their benefit, and to assure, to the extentlpossible, that governmental policy and decisions reflect the public interest The objectives of the proposed ordinance was to help officials and public employees achieve the following standard of conduct That as far as the public is concerned, it Judges its government by the way Its officials and employees conduct themselves in the posts to which they have been appointed, the people have a right to expect that each official and employee will conduct himself or herself in a manner that will tend to preserve public confidence in and respect for the government entity or agency which he or she represents Such confidence and respect can best be promoted if every official and employee, whether elected or appointed, will uniformly treat all citizens with courtesy, fairness, impartiality, and equality under The law and avoid both actual and potential conflicts between their private self - interest and the public interest He then reviewed sections on definitions dealing with the proposed ordinance He reviewed the conflict of interest and code of ethics provisions, disclosure of interest, the officials who were expected to comply, the need for an ethical review board, their duties and responsibilities, and enforcement of the proposed ordinance City Council Minutes May 13, 1974 Page 2 A.J Shaw, City Attorney stated that he felt that the Citizens' Advisory Committee's proposed ordinance was legal and felt that all proposals of conflict of interest, code of ethics, etc , although he did feel there might be some problems with the ethical review board provisions and the penalties imposed by them The City Council and the Citizens' Advisory Committee members present then reviewed the proposed ordinance section by section with quesTions to the members After review of the entire ordinance, it was a common consent of the Council ' that the Citizens' Advisory Committee review the proposed ordinance in light of this evening's discussion, review with the City Employees' Association any input they may have and bring back whatever recommendations the Citizens' Advisory Committee felt would be appropriate in this area Mayor Schwartz thanked the Citizens' Advisory Committee members for their hard work in arriving at this very difficulT recommendation. The Mayor declared a recess at 9 50 P M The meeting reconvened at 10 00 P M with all council members present 3 The City Attorney reviewed for the City Council a number of legal memorandums on various subjects for their considerat�ton A Garage Liens for Storage, April 29, 1974 - received and filed B (1) Physical Standards for Police Officers must be "Job Related " (2) Police Officer Positions must be open to Men and Women, dated April 23, 1974 - was referred to the Administrative Officer C Vallejo Firefighters Case, Negotiations with Employee Organizations as to Facilities and Number of Personnel, April 23, 1974 - was I ordered received and filed D Zoning Decision by Supreme Court, April 2, 1974 - was ordered received and filed E Police Officers, Sex Discrimination, March 26, 1974 - was ordered received and filed F City Ordinance Regarding Financial Disclosure - was ordered received and filed G Decision by California Supreme Court Increasing Legal Burden of City, March 29, 1974 - was ordered received and filed H S B. 716, S B 1340, Financial Disclosure by City Officials, March 28, 1974 - was ordered received and filed Sign Ordinance, March 14, 1974 - was ordered received and filed J Duty of State Agencies to Consider Effect of their Actions upon the Environment, January 31, 1974 - was referred to the City Attorney and the Assistant Administrative Officer K Trial Court Decision in the Petaluma Case, January 18, 1974 - was ordered received and filed ' L" Minor Subdivisions, January 17, 1974 - was ordered received and filed M Sidewalks'and Curbs for "Public Use" constructed for accessibility by Physically Handicapped, May 6, 1974 - was ordered received and filed City Council Minutes May 13, 1974 Page 3 4A Status Report FLOOD CONTROL ZONE 9 David Williamson, Assistant Administrative Officer, reported on progress of the Zone 9 Advisory Committee and the work program that they are preparing for the Zone's consultant to prepare a complete study of flood control and flood problems within the Zone 9 area The contract will not be developed prior to the June 4, 1974 primary election, at which the tax rate for the Zone 9 operation would be voted by the people The matter was continued to ' the May 20, 1974 meeting for consideration 4B Councilman John C Brown reported to the City Council on the proaress of the transportation study being made for the County of San Luis Obispo by a consultant through the City /County Planning Group for a comprehensive trans - portation plan for the City Wayne Peterson, Assistant City Engineer, reported to the City Council on the City's bus system and its operations to date 4C Richard D Miller, Administrative Officer, reviewed for the City Council the animal control program and shelter service being considered by the County Board of Supervisors for implementation on July 1, 1974 He stated that the County Board of Supervisors and the Wood's Animal Shelter are trying to come to some agreement whereby the County would handle the receiving and the controlling of animals and the Humane Society would contract for housing, caring and disposing of the animals picked up by the control officers He stated that as soon as the County had come to a conclusion on a program, he would ask representatives from the County to come to the City Council and present the entire package 4D A report on pending legislation by the City Clerk, J H Fitzpatrick was continued to a future meeting 4E The 1974/75 budget proposals for Council review was continued to a later meeting 5 Communication from the City Engineer forwarding a memorandum regarding an estimate from the Singer Traffic Information System for correcting the Foothill Boulevard - Chorro Street - Broad Street intersection traffic signals It was their estimate that the parts and labor to perform the modification would be $1,683 00 The modifications proposed would change the signal from a seven -phase operation to five phases The existing fire pre -empt would remain The City Engineer recommended that the City Council authorize the Singer Corporation to make the changes under question as he felt this would make a much smoother and a quicker operation at this intersection The City Council approved the recommendation and authorized the City Engineer to proceed 6 The City Engineer submitted a communication through the Administrative Officer for permission to immediately start consultant studies as part of the Regional Water Quality Control Board Discharge Requirements from the City Sewage Treatment Plant, and he requested permission to solicit a proposal from John Jenks to be submitted at a future City Council meeting By common consent of the Council, the City Engineer was authorized to solicit a proposal from John Jenks of Jenks and Adamson for a study of the requirements of by- passing raw sewage to San Luis Creek which must be made prior to September, 1974 7 The City Council adjourned to Executive Session 8 On motion of Councilman Brown, seconded by Councilman Graham the meeting adjourned to 12 15 P M on May 17, 1974. Motion carried APPROVED August 5, 1974 1 F ATRICK, CITY CLERK f I I Pledge Roll Call Citv Staff MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA May 17, 1974 - 12 15 P M Conference Room, City Hall Present Myron Graham, T Keith Gurnee, Jesse Norris, Mayor Kenneth E Schwartz Absent =John -C Brown Present J H Fitzpatrick, City Clerk, R D Miller, Administrative Officer, A J Shaw, Jr , City Attorney 1 R D Miller, Administrative Officer, submitted for the Council's consideration a resolution making adjustments to the 1973/74 budget and presented justification for each On motion of Councilman Graham, seconded by Councilman Gurnee the following resolution was introduced RESOLUTION NO 2607 (1974 Series) A resolution increasing the 1973/74 budget Passed and adopted on the following roll call vote AYES Councilmen Graham, Gurnee, and Norris and Mayor Schwartz NOES None ABSENT Councilman Brown 2 R D Miller. Administrative Officer, then reviewed in detail his budget letter for the 1974/75 City budget He reviewed the estimated revenues and expenditures by general category and also reviewed the estimated year end balances by fund The City Council reviewed with Mr Miller various elements of the work proposed to be accomplished by the 1974/75 budget The City Council then discussed the best method of reviewing and studying the proposed budget The Council decided they would each take their budget and individually study it and then later decide a strategy as to the best approach to study the document 3 J H Fitzoatrick, City Clerk, brought to the Council's attention that after study and investigation by his staff that they would prefer to give the general ledger and accounts payable, data system to Stat -Tab, a service bureau with offices in Los Angeles rather than Infonational The City Clerk explained the reasons for this recommendation and the background of the studies made prior to making this recommendation to the City Council The City Clerk then asked for Council authority to present Stat -Tab with a letter of intent, so that negotiations and work may proceed, subsequently a formal contract will be drawn up, at which time the Council can make a final determination on the program The City Clerk concluded that the City Attorney has reviewed the provisions of the letter of intent and the contract and had made several suggestions for amendments City Council Minutes May 17, 1974 Page 2 On motion of Councilman Gurnee, seconded by Councilman Graham that the City Clerk be authorized to sign a letter of intent with Stat -Tab to proceed with data processing work for the City Motion carried 4 There being no further business before the Council, Mayor Schwartz adjourned the meeting ' APPROVED July 1, 1974 J ,1 FIT', RICK, CITY CLERK MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA MAY 20, 1974 - 7 00 P M CITY HALL Roil Call Present Graham, Gurnee, Norris, Mayor Schwartz Absent Brown City Staff' Present J H Fitzpatrick, City Clerk, R D Miller, Administrative Officer, A J Shaw, Jr , City Attorney, D Williamson, Assistant Administra- tive Officer, W Flory, Director of Parks 8 Recreation, R A Paul, Water Department Director, E L Rodgers, Police Chief, D R Romero, City Engineer, L Schlobohm, Fire Chief, R Strong, Planning Director I The City Council considered the final passage of Ordinance No 614, an ordinance of the City of San Luis Obispo amending the Municipal Bode by adding Chapter 5 to Article A V providing for the regulation of contributions and expenditures in Municipal Elections Councilman Norris requested that the City Council not take ac- tion at this time as Councilman Brown was absent and he felt ' this important City legislation should have consideration by the full Council prior to its adoption A J Shaw, Jr City Attorney, stated that Section 4504, Soli- citation agents, was inadvertently included in this ordinance as printed, and that at the time the ordinance was passed to print by the Council this section was to be removed He stated there would be no problem if the Council wished to finally adopt the ordinance as printed and the ordinance could be amended by an additional ordinance He also asked the City Council if it was their intention in Section 4509, subsection 7, that the campaign statements for all candidated be published on the Friday prior to the election or on Saturday The reason this was brought to the attention of the Council was that the City Clerk reported that in order to advertise on Friday, all the candidate contributions would have to be filed by Wednesday It it were allowed to be advertised on Saturday, the ads and listings had to be in to the newspaper by Thursday It was the feeling that this would give one more day for consideration and for the can- didates to report Councilman Gurnee was in support of adopting the ordinance with the amendments by dropping Section 4505 as was previously done and amending Section 4509 (7) to allow the contributors to be ' advertised on Saturday and not Friday He would support final passage of the ordinance Councilman Norris felt the ordinance was poorly written, was not needed by the community at this time He then reviewed sections of the ordinance which he felt were inappropriate for San Luis Obispo and actually might be declared unconstitutional by a higher court City Council Minutes May 20, 1974 Page 2 Councilman Graham stated he was in support of the ordinance as introduced and he too would accept the amendments as sug- gested by the City Attorney Mavor Schwartz declared the meeting open to the public on this matter Amy Arsenio felt this ordinance had been thoroughly studied since July 1973 and felt the City Council should proceed with final passage as it was good legislation for San Luis Obispo Mayor Schwartz declared the meeting closed to Council and staff discussion as no one else appeared before the Council Councilman Gurnee again expressed his support of the ordinance He felt the legislation was needed for the good of San Luis Obispo and was an ordinance urgently needed by the voters of San Luis Obispo and that taking money out of elections would give government back to the voters and allow more citizens to run for office Councilman Norris read a newspaper article which srated that the State Attorney General had given an opinion that cities could not limit expenditures for elections He felt this ordinance was unconstitutional He stated he was for full disclosure of campaign statements and was also in support of $100 maximum for each contributor and he was for full know- ledge of who was supporting a candidate, but he felt the or- dinance was not a good one as it was anti - establishment and anti - business and was in favor of students and unemployed per- sons who could do leg work but had no funds to support a can- didate of their choice He felt that a working man could _ not go door to door if he wished to run for office and that citizens should be allowed to support his candidacy by con- tributions of cash He hoped the Council would make the neces- sary arrangements and amend the ordinances to make the ordinance more realistic and workable He further objected to the ap- pointment of a citizens' commit -Tee to review the actions of this ordinance during the 1975 election He sincerely asked the Council to defer any action until the full Council could be present and make the necessary changes in the ordinance Councilman Graham stated he was in support of the ordinance He thought it was well written, the financial limitations were needed now He also thought Section 4505 could be eliminated to clear up the election procedure A J Shaw Jr , City Attorney, commented on Attorney General Younger's opinion, but he felt that Charter cities were allowed to control municipal elections as long as they were more re- strIcn ve than State law Mayor Schwartz felt the ordinance was needed to allow people in the City to make their decisions on election of officers with full knowledge of who was supporting each candidate He also felt the limit on the amount of contributions was good and rea- sonable He felt this was an ordinance which would be setting a standard for future elections in San Luis Obispo He felt this was a good ordinance and would require each supporter of a candidate to stand up and be counted He also felt that Section 4513, a Council Study Committee, was a good safe -guard for review of the ordinance after the 1975 election He felt City Council Minutes May 20, 1974 Page 3 this was a reasonable requirement of the ordinance and he felt the Council in office at that time would wish to have the ordinance completely reviewed to see if it was still viable and was still necessary ' On motion of Councilman Gurnee, seconded by Councilman Graham, Ordinance No 614, an ordinance of the City of San Luis Obispo amending the Municipal Code by Adding Chapter 5 to Article IV, and providing for the regulation of contributions and expendi- tures in municipal elections, was finally passed on the following roll call vote AYES Councilmen Gurnee, Graham and Mayor Schwartz NOES Councilman Norris ABSENT Councilman Brown 2 At this time the City Council considered the final passage of Ordinance No 615, an ordinance of the City of San Luis Obispo amending the official zone map of the City (to re- zone 2211 Broad Street from M (manufacturing) to C -N -S (neigh- borhood commercial, combining)) R Strong, Planning Director, reviewed for the City Council the recommendation of the Planning Commission to rezone this property to neighborhood commercial with a combining designation added ' Mayor Schwartz declared the public hearing open No one appeared before the Council to comment Mayor Schwartz declared the public hearing closed On motion of Councilman Norris, Ordinance No 615, an ordinance of the City of San Luis Obispo, lowing roll call vote AYES Councilmen Gral Schwartz NOES None seconded by'Councilman Gurnee, amending the official zone map was finally passed on the fol- )am, Gurnee, Norris and Mayor ABSENT Councilman Brown 3 At this time the City Council was scheduled to hold a public hearing on the appeal of Marvin R Trevillian from a denial by the Planning Commission to build a proposed housing project for the elderly at 1245 Phillips Lane The City Clerk presented a communication from Robert B Mac- Kenzie, attorney representing Mr Trevillian, requesting that the appeal be withdrawn and that the matter not be considered by the City Council Upon advice of the City Attorney, the Mayor asked if anyone was interested in discussing this matter before the City Council as it had been advertised as a public hearing No one appeared before the City Council City Council Minutes May 20, 1974 Page 4 The matter was removed from the agenda 4 Continued hearing on the installation of bicycle lanes on Los Osos Vallev Road from the northwesterly City _ limits to Madonna Road The City Clerk reported that property owners involved had a- gain been notified of this evening's hearing D F Romero, City Engineer, reviewed his proposal for the installation of a bicycle lane on Los Osos Road between Madonna Road and the northwesterly City limits He stated it was his view that parking should not be prohibited on arterials when there was a need for such parking and where traffic in the foreseeable future would not be of such large volumes as to endanger bicyclists riding between parked cars and the outer vehicular lane On that basis, he recommended that Plan B of the two proposals which eliminated parking on the westerly side be adopted by the City He concluded that if the City Council found this plan unacceptable, it would then be possible as a compromise measure to adopt Plan A between Descanso and the apartments opposite Oceanaire and Plan B from this point to Madonna Road thus leaving a clear lane for the bicyclists wherever possible and providing parking only at those locations where needed by the adjacent businesses John E Williams, employee of the City of San Luis Obispo, studying bike ways in The City, recommended that from the western limits to Madonna Road no parking be allowed on the north side of Los Osos Road as this property was for the most part undeveloped at the present time If development occured, then 16e recommended that the developer should be required to put in additional off - street parking He recommended That parking be allowed to continue on the southside and tnat the bike lane be placed on the traffic side of the parking lane He noted there was some need for additional parking for the apart- ments on Los Osos Valley Road He then submitted several recom- mendations for Los Osos Valley Road from Madonna Road easterly to the residential areas on Higuera Street Mavor Schwartz declared the public hearing open Ron Benzer, developer and builder on Los Osos Valley Road, ob- jected fo the plan of eliminating parking on the west side of the road as he felt it would hurt his business on this street as he had sufficient parking for tenants and their employees but That customers used the curbside parking to call on businesses in The area and if this was eliminated, his businesses would be required to move and his tenants would seek other locations where their customers could park Bonnie Hageman, manager of the Irish H M Is Hamlet Apartments, felt that the elimination of parking in front of the apart- ment house would be detrimental to both the owner and the tenants of the building She stated that the tenants had sufficient parking in the back and side of the property but that visitors must park at the curb and if this parking were eliminated, then the tenants would have to move as they would have no place for their visitors to park City Council Minutes May 20, 1974 Page 5 Gerald ShiDsey, attorney for Aime LaLande, objected to the proposal to eliminate parking along the west side of Los Osos Valley Road which he felt would be !disastrous to his client's /0o eFty as they could provide parking for their tenants but no additional parking would be provided for visitors Mavor Schwartz declared the public hearing closed Councilman Graham stated he would support Plan B which would prohibit parking on the easterly side but would permit park- ing on the westerly side as he did not wish to see red zones on Los Osos Valley Road as it would hurt the tenants and busi- nesses in the area Councilman Gurnee felt that he would support Plan A which would grant a bike path for the protection of the bicyclists on the heavily travelled road Councilman Norris stated that he would support Plan B as he did not like to see the curbside parking eliminated for the properties Mayor Schwartz stated that he would support a compromise of Plans A and B with curb parking allowed where it already exists between Oceanaire and Madonna Road along the westerly side of Los Osos Valley Road with the bike path adjacent to parking but with curb parking eliminated to allow for full bike lanes from the extension of Oceanaire Drive to the west- erly City limits On motion of Councilman Graham, seconded by Councilman Norris, that the City adopt Plan B Motion lost on the following roll call vote AYES Graham, Norris NOES Schwartz, Gurnee Councilman Gurnee stated he would favor the Mayor's compromise of Plans A and B & cmotron of Mayor Schwartz, seconded by Councilman Gurnee, that Plan B be adopted but modified from Descanso to the ex- tension of Oceanaire Drive and then Plan A be continued to the City limits -t. r �Mo'tion lost on a two to two vote The matter was continued on Motion of Graham, seconded by Schwartz; for consideration by the full Council 5 At this time the City Council discussed its action or actions relative to Zone 9 tax rate issue as Measure B on the June primary ballot D Williamson, Assistant Administrative Officer, reviewed a lengthy document regarding the taxation proposal for Zone 9 He said Measure B proposed the establishment of an 51 tax rate limit per $100 of assessed valuation on real property for two years and a 5a limit thereafter The revenue from these taxes City Council Minutes May 20, 1974 Page 6 would pay primarily for (1) the preparation of a master drainage plan which takes into consideraTion corrective and preventative flood control and water conservation measures, land use controls within the major waterways, and related flood plains Recognition would be given to environmental, aesthetic effects, and multi- purpose use of major waterways and related flood plains, (2) Obtain additional hydraulic data within the watershed, and (3) provide an annual stream- bed survey program and a modest streambed clearance program He stated that the construction of improvements within the waterways and related aspects such as land acquisition would be the subject of future master bond proposals He continued that the preparation of a master plan and all it entailed were outlined in a letter prepared by Mr Robert Strong, Planning and Building Director dated March 29, 1974 The Zone 9 Ad- visory Board has selected a consulting firm to prepare the master plan contingent upon voter approval of Measure B While no firm work program had been developed, he had met with Clint Milne and Wally Burt of the County Engineering staff re- viewing Mr Strong's letter point by point in an attempt to clarify what work would logically be within the scope of Zone 9 plan and what work would be within the City's scope through the Planning Consultant KDG He then reviewed an outline of the responsibility of the City's consultant a6d the Zone 9 consul- tant In summary, he stated that a work program for Zone 9 Master Plan had not been formalized or adopted by the Advisory Board or the Board of Supervisors The County Engineering staff was now endorsing a master plan study that was quite broad in scope The County staff and the Advisory Board had concurred 1 that the master plan should reflect the needs and desires of clearly defined portions of the watershed For example, the master plan for the City and its environs should reflect the wishes of the City For those who believed that this intent was sufficient evidence that support should be given to Measure B, this intent should suffice As a valid reason why Measure B should be supported, anyone who believed this intent should be mandated may wish to seek additional guarantees before stating a position He then reviewed the March 29, 1974 letter from the City's Planning Director regarding the evaluation of a joint study of the various planning alternatives involved with Zone 9 He then reviewed an information sheet from the Advisory Board of the Flood Control Zone 9, which stated that the initial goals of the advisory board were,^(jff -to develop a master drainage plan for the watershed, have it adopted by both the City and County as a part of their respective General Plans The Plan would look to both corrective and preventative measures and would consider niot only the traditional flood con- trol measures, but would look at land use controls, (2)_ gather,ad- ditional hydrologic data so that future decisions would be better made by the responsible agencies This would require the installation of additional recording rain guages and stream flow stations (3) provide an annual streambed surveyance pro- gram with a streambed clearance program This would be but a modest program which would keep problems minimal from a small or average storm but would not be helpful in combating large storms He then reviewed for the Council how the tax rate limits proposed on the June 41 1974 ballot Measure B would affect pro- perty owners with various assessed valuations The City Council and Assistant Administrative Officer then dis- cussed the various elements of the report on Zone 9 and how it would work City Council Minutes May 20, 1974 Page 7 D Williamson stated that the County Engineer notified him that historically, when an Advisory Board in the Flood Con- trol District made a recommendation to the Board of Supervisors, then the Board of Supervisors normally agreed with the recom- mendation Clint Milne, Assistant County Engineer (Hydraulics), appeared before the City Council requesting Council support of Measure B on the June primary ballot becuase without the power to tax or to receive funds, none of the studies or plans for Zone 9 could be accomplished Councilman Graham felt that due to the disagreement with the County over the flood control, particularly involving Joint operation or a Joint task force, it might be better if the City Council took no action for or against Measure B Councilman Gurnee felt that after reviewing the Williamson report after the meeting started that the matter should be continued to a special meeting when Councilman Brown could be present to participate in discussion of the recommendation as he was the Council's representative on the Advisory Board He stated that until such discussion was held, he would oppose support of the Measure by the City He also indicated that he wished that he could have received the analysis by the Assistant Administrative Officer prior to the Council meeting so that they could have some intelligent discussion Councilman Norris stated that he was very pleased with Wil- liamson's report even though it was received at such a late date and could not be properly analyzed by the City Council for their consideration He was pleased to hear the City and County personnel to the Zone 9 Advisory Board were working well together to solve the flood problems in the watershed, and he felt that Zone 9 is a winner He stated he would en- dorse it, support it and also felt that the City Council should do all they could to help this passage Mayor Schwartz felt that under existing conditions and due to the lack of the cooperative attitude on the part of the County Board of Supervisors he felt that the City had no other way to go but to support Measure B The matter was continued to a future Council meeting when Council- man Brown would be present for a further analysis 6 Memorandum from the Council subcommittee, Councilman John Brown and Myron Graham, on a preliminary building plan for Meadow Park On May I the subcommittee met with the Park 8 Recreation Com- mission and representatives from the Architectural Review Com- mission, Design Review Board and staff their ideas and suggestions were noted by the architect and further discussed by the Council subcommittee on May 8, 1974 At this time the Council subcom- mittee recommended adoption of the preliminary plan of Architect James Maul and recommended,:that the City authorize the architect to proceed with working plans and drawings James Maul, Architect, appeared before the City Council submitting a program to the City Council for development of a building for the Meadow Park area He reviewed for the City Council a model explaining City Council Minutes May 20, 1974 Page 8 the reasons and background for the type of building that he would recommend for the Meadow Park He estimated the cost as of this date to be $106,835 00 On motion of Councilman Gurnee, seconded by Councilman Graham the City Council accepted the design and program as presented by the Architect James Maul and authorize the architect to pro- ceed with working plans on drawings subject to one more review meeting with the Citizens in the neighborhood of Meadow Park If they had no major objections in the neighborhood then the architect was to proceed Motion carried, no noes, Councilman Brown absent Mayor Schwartz declared a recess at 9 20 P M The meeting reconvened at 9 35 P M with all Councilmen present 7 Council consideration of the recently adopted Archi- tectural Review Commission procedures as authorized by Ordinance No 600 (1974 Series) Robert Strong, Planning Direcror, reviewed with the City Council for their consideration procedures adopted by the Architectural Review Commission as required by the City ordinance The City Council discussed with the Rev Tladen, member of the Architectural Review Commission, some of the background and rea- soning why the ARC adopted the procedures as recommended by the City Council On motion of Councilman Graham, seconded by Mayor Schwartz the following resolution was introduced Resolution No 2605, a resolution of the Council of the City of San Luis Obispo ap- proving Architectural Review Commission procedures and criteria Passed and adopted on the following roll call vote AYES Councilmen Graham, Gurnee, Norris, and Mayor Schwartz NOES None ABSENT Councilman Brown 8 Communication from Or Helmut Schleicher, 2640 El Cerrito, again submitted complaints to the actions taken by the City staff in regard to 1645 Encino Court (Chatham - Del Vaglio) matter This matter was continued from the May 6, 1974 session Dr Schleicher was again taking issue with the actions and letters submitted by City staff members, David Williamson and David F Romero, regarding the land development at 1645 Encino Court It was Dr Schleicher's continued contention that the wall on this property was not built according to City standards, reinforcing was not properly applied, that the fill was not properly com- pacted, and it was his opinion that the wall was likely to col- lapse at any time when the weight of water and /or dirt became stronger than the wall builT on the property City Council Minutes May 20, 1974 Page 9 D F Romero, City Engineer, felt that there was no way that the City could meet Dr Schleicher's complaints, as he had complained and critized each engineer that had done any work on the property It was Mr Romero's opinion that the work done on the Del- Vaglio - Chatham property was satisfactory and met minimum City standards except for the landscaping Upon question D F Romero stated that it was his opinion that the retaining wall was safe and was no risk to the adjacent property owner The City Council discussed with the City Engineer the various allegations made by Dr Schleicher regarding the Del Vaglio pro- perty Dr H Schleicher stated that if the City would accept responsi- bility for possible failure of the wall he would accept the Council determination dust so that the Council understood what they are accepting for possible future City liability Although he, Dr Schleicher, felt the City should make the necessary studies of the wall and footing to see what was really built and if it was built to City standards Councilman Norris stated that he was satisfied that the wall was built according to City standards, and he hoped the matter could be put aside so the Council could move ahead with more important business The City Engineer was asked by the City Council if it were pos- sible to expose the end of the wall to see if it were built to City standards with a detail report of their findings to the City Council The City Engineer stated this could be done and the matter was continued to a future meeting after the studies had been made 9A Memorandum from the City Engineer, D F Romero, re- questing Council approval of several actions taken by the Mass Transoortation Committee at their meeting of May I, 1974 regarding the City bus system A The modification of the bus routes to provide better service to the community This recommendation carries with the implication of printing a new bus schedule and some changes in vehicle mileage B Consideration of quantity discounts for pur- chase of tokens in the amount of $100 or greater C Initiation of a l0a fare after 7 00 P M Thursday evening and all day on Sundays D Installation of a number of additional bus benches and relocation of several from present locations E Permission for the City Engineer to be authorized to order the van to operate at 70¢ per mile rate under special conditions rr City Council Minutes May 20, 1974 Page 10 The City Engineer, after presenting the recommendations of the Mass Transportation Committee, presented sketch maps showing the amendments to both Route I and Route 2 The changes were being recommended in an attempt to cover more area and to provide service to more people After discussion and review of the actions by the Mass Trans- portation Committee, the Council took the following action On motion of Councilman Gurnee, seconded by Councilman Graham A Bus Routes I and 2 were modified as recommended, B Quantity discount of tokens in the amount of $100 or greater were made at 20¢ per token as opposed to the normal 25¢ fare C Ten cent fare after 7 00 P M on Thursday even- ings and all day on Sunday were approved for a studv area D The installation of a number of bus benches and relocation of several from present locations were approved sub - ject to a review by the City's Traffic Committee E Continued for further study was the authoriza- tion to order the van to operate at a 702 mile rate under special conditions Motion carried, all Councilmen voting aye, Brown absent 10 Robert Strong, Director of Planninq and Building for the City of San Luis Obispo reported that Mr Gualt of the I irm Kennard, Delahousie and Gualt would present a detail work program, performance schedule and proposed contract for consultant services regarding the General Plan and regulatory system re- visions program The program would involve a seven month com- prehensive and intensive study to revise and refine the City's General Plan including field research, environmental and economic analysis and preparation of General Plan elements and specific plans The specific plans would include at least three phase development programs for the Central Business District, Govern- ment Center, Los Osos Valley and Edna Valley areas Additionally the program will provide a complete and coordinated system of development, regulatory and implementation proposals including zoning, subdivision, environmental and economic impact evaluation procedures and provisions The contract would be presented for Council consideration, and the work proposal by KDG will also describe the tasks assigned to the principals and the subcontract- ing consultants (Envicom, an environmental consultant firm, eco- nomic consultants), and also defines some of the related respon- sibilities of the City staff and other assistants The KDG portion of the program is estimated to cost the City $112,500 maximum, which would include professional services for the plan and program pre- sentation, preparation, and publication In addition to this fee the City will incur additional expenses other than extensive staff participation throughout the program Specifically, the City should anticipate at least $13,500 for aerial photographic maDoing, $11,500 suDDlementary budget for special studies related to the primary program Also, in addi- tion to the budget the City staff requested authorization to 4 City Council Minutes May 20, 1974 Page 11 employ both short -term, part -time professional planning personnel and special consultants It was requested that the City Council authorize, in addition to the KDG and aerial mapping proposals the following I A�,team of local students now organized as "Urban Resource Analysts ", to conduct a residential building/ environmental survey at an approximate cost of $2,500 2 Retain, as determined necessary by the Director of Planning and Building, the local firm of Meyer, Merriam and Associates, to provide assistance to City staff for special studies such as Hoffman property and airport area development studies, preparation of precise standards and design criteria, and data collection Approximate allocation of $4,000 requested 3 Reservation of approximately $1,000 for preparation and implementation of an information inventory and index system, to be prepared by a professional librarian 4 Retain, as a part -time, short -term employee, Planning Associate, Pat Geretv, who was resigning from his full - time position to return to graduate studies, to provide continuing and supplementary staff services while newly appointed staff is being initiated Estimated cost at $500 per month for 8 months is $4,000 In summary, the General Plan and Regulatory System Revision Pro- gram, tentatively outlined in the 1974/75 Planning and Building Departmental Budget at $127,000 would be composed of the following I Primary contract with KDG $112,500 2 Aerial photo 8 mapping 13,500 3 Supplementary staff and special studies 11,500 For a total of $137 500 Again, because of the magnitude of this proposed program, the Planning Director and staff consultant representatives were willing at this time to receive questions from the City Council on the pro- posal as presented Mr Gault, representing Kennard, Delahousie and Gualt appeared be- fore the City Council reviewing their proposed contract for con- sulting services listing their responsibilities, the City's re- sponsibilities, how the contract would be paid and how it will be implemented They also presented a lengthy document, exhibit A, on the scope of the work to be accomplished by the consultant and by the City Exhibit B and C were professional wage rates and a budget estimate on the various items to be conducted under the contract On motion of Mayor Schwartz, seconded by Councilman Gurnee the following resolution was introduced Resolution No 2606, a resolution of the Council of the City of San Luis Obispo ap- proving a contract with the consulting firm of Kennard Delahousie and Gault Architecture and Planning for the preparation of the General Plan and regulatory system for the City City Council Minutes May 20, 1974 Page 12 Passed and adopted on the following roll call vote AYES Councilmen Graham, Gurnee, Norris and Mayor Schwartz NOES None ABSENT Councilman Brown II A communication from Swift Aire before the State Public Utilities Commissio the Swift Aire vs Hughes Air West case was was authorized to send such a letter to the Commission on motion of Gurnee, seconded by All ayes, Brown absent for Council support i for fare equity in approved and the Mayor State Public Utilities Councilman Graham. 12 Memorandum from D F Romero, City Engineer, requesting Council approval of two actions taken by the Waterways Planning Board 1) Tropicana footbridge, and, 2) Sewer service to Hazard Mobile Home Park was continued 13 Memorandum from D F Romero , City Engineer, regard- ing installation of traffic signals and highway lighting at the intersection of Madonna Road, and the North -bound off -ramps from State Highway 101 as proposed by the State was continued 14 Presentation by City Engineer of plans and speci- fications for CITY RECREATION CENTER ADDITION, City Plan No 27 -74 was 15 continued Presentation by City Engineer of plans and speci- fications for RETAINING WALL CONSTRUCTION AND DRAINAGE PRO- TECTIVE WORK IN MISSION PLAZA, City Plan No 21 -74 was continued 16 Council consideration of amending the 1974/75 Annual Transportation Claim (additional funds have been made available to the City) was continued . * * t * * * * * * * * * * * On motion of Councilman Gurnee, seconded by Councilman Norris Consent Items C -1 through C -I8 were approved Motion carried, all ayes C -1 The claims against the City of San Luis Obispo were approved and payment authorized subject to approval by Administrative Officer C -3 The City Council meeting minutes of July 24, 1973, January 16, February II and 26, March I, 6 and II, and April 8 and 10, 1974 were approved C -4 Communication from California Regional Water Quality Control Board, Central Coast Region enclosing Waste 1 Discharge Requirements for the City of San Luis Obispo, adopted by the Water Quality Control Board on May 10, 1974 was referred to City staff for analysis of discharge order C -5 Communication from Fred Julien regarding the City's procedure in attempting to secure sealed bids for CITY projects was referred to the Administrative Officer with instructions to have staff improve scheduling to provide sufficient time periods for development of accurate bids City Council Minutes May 20, 1974 Page 13 C -13 Memorandum from R A Paul, Water Department Director regarding Temporary Encroachment Permit -- Cross Town Feeder Pipeline Construction The Water Department Director was authorized to sign encroachment permit C -14 The following salary step increases were approved effective June I, 1974 John B Carson - Fireman From Step 2 or $816 to Step 3 or $860 William M Freeman - Groundskeeper From Step 2 or $652 to Step 3 or $690 Josef S Hazouri - Police Officer From Setp 2 or $860 to Step 3 or $910 Bradd D Hopkins - Fireman From Step I or $772 to Step 2 or $816 Ernest R Maldonado - Maintenance Man 11 From Step 2 or $670 to Step 3 or $712 Joseph PIuneda, Jr - Utility Plant Operator I From Step 4 or $750 to Step 5 or $794 C -6 Communication from John Kuden regarding dumping sewage water in San Luis Creek was referred to staff consultant for study C -7 Communication from Central California Communications ' Corporation requesting Council consideration of an increase in rates, to be effective August I, 1974, if approved This com- munication was referred to City staff for investigation C -8 Communication from Gerald E Crum, Karleskint -Crum, Inc , requesting zoning change from Fire Zone One to Fire Zone Two in order to construct proposed new nursery and flower shop was referred to the Fire Department for recommendation C -9 The memorandum from R A Paul, Water Department Director, regarding Progress Report Ordinance No 568 (1972 Series) was ordered received and filed C -10 Memorandum from A J Shaw, City Attorney, regarding status of Account No 207 3, City Attorney Materials and Sup- plies and requesting increase in 1973/74 budget was deleted from the agenda as the matter was included in budget adjustment reso- lution adopted on May 17, 1974 (No 2607) C -II Communication from Elizabeth H Web re, Chairperson, ECOSLO, requesting Council support of agreement between ECOSLO and San Luis Obispo Garbage Company was supported by the City Council ' C -12 Memorandum from 'rFl_ory,, Di_recJo`r of =P arks ) Recreation, regarding st'ck approval of exFe_nded leave for Les -and T`a'n`cre`, was approved—, ` C -13 Memorandum from R A Paul, Water Department Director regarding Temporary Encroachment Permit -- Cross Town Feeder Pipeline Construction The Water Department Director was authorized to sign encroachment permit C -14 The following salary step increases were approved effective June I, 1974 John B Carson - Fireman From Step 2 or $816 to Step 3 or $860 William M Freeman - Groundskeeper From Step 2 or $652 to Step 3 or $690 Josef S Hazouri - Police Officer From Setp 2 or $860 to Step 3 or $910 Bradd D Hopkins - Fireman From Step I or $772 to Step 2 or $816 Ernest R Maldonado - Maintenance Man 11 From Step 2 or $670 to Step 3 or $712 Joseph PIuneda, Jr - Utility Plant Operator I From Step 4 or $750 to Step 5 or $794 City Council Minutes May 20, 1974 Page '14 _ -_ Dean L Treanor - Police Officer From Step 4 or $960 to Step 5 or $1,012 Robert S Vessely - Civil Engineer Asst I , From Step 2 or $910 to Step 3 or $960 C -15 Claim against the City of San Luis Obispo from Mrs Robert Warden, 1908 Corralitos, San Luis Obispo, for damage to pipes and flooding she felt was caused when a City crew was cleaning sewer line on Corralitos was denied and the claim was referred to the insurance carrier C -16 The City Council considered three GRANT 'DEEDS from Karl and Julia C Kundert for Storm drain easement, sanitary sewer easement and water line easement These three GRANT DEEDS were accepted and the Mayor was authorized to accept and record them C -17 The City Council considered GRANT DEEDS from Garden Homes, Ltd for water and storm drain easements These GRANT DEEDS were accepted and the Mayor was authorized to accept and record them C -I8 Communication from Department of Transportation re- gardino the safetv screen fence on the Santa Rosa Street structure over Route 101 the City Clerk was directed to write a letter of appreciation to the Department of Transportation B -I City Clerk reported the following bids received for 1 POLICE FACILITY CARPORT EXTENSION, City Plan No 28_ -74 Bids opened May 15, 1974 at 2 00 P M Estimate $10,000 BIDS RECEIVED WALTER BROS CONST CO $12,650 00 On motion of Councilman Gurnee, seconded by Councilman Graham the bid of Walter Bros Construction Company, $12,650 be accepted On motion of Councilman Gurnee, seconded by Councilman Graham the meeting adjourned to 12 10 P M Friday, May 24, 1974, with items 12, 13, 14, 15, 16, the French Hospital Grading Permit and the Campaign Signs to be placed on the agenda Motion carried, all ayes, Brown absent APPROVED August 19, 1974 f� I' r PATRICK, CITY CLERK MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA FRIDAY, MAY 24, 1974 - 12 10 P M CONFERENCE ROOM, CITY HALL Pledge Roll Call Present Councilmen John C Brown, T Keith Gurnee, Jesse E Norris, and Mayor Kenneth E Schwartz Absent Councilman Myron Graham City Staff Present J H Fitzpatrick, City Clerk, R D Miller, Administrative Officer, David Williamson, Assistant Administrative Officer, E L Rodgers, Police Chief, D F Romero, City Engineer, Robert Strong, Building and Planning Director I On motion of Councilman Brown, seconded by Councilman Norris, the following resolution was introduced RESOLUTION NO 2608, a resolu- tion increasing the 1973/74 budget (Account No 12, Capital Outlay - Planning Consultant Account No 851 4, Sewer - Collection System Motor Vehicle ) Passed and adopted on the following roll call vote AYES Councilmen Brown, Norris, Gurnee, and Mayor Schwartz NOES None ABSENT Councilman Graham 2 Report by Robert Strong, Planning Director, regarding plan check procedures recently initiated in the Planning and Building Department in an attempt to alleviate delays in plan checking for building permit ao- Droval R Strong staied that he was experimenting with a temporary ro- tation system of the four building inspectors which relieved the Chief Build- ing Inspector of routine public inquiries at the department counter, allowing the Chief Building Inspector to catch up on the back log of plan checks After this was achieved, possibly by the end of May, the Chief Building Inspector would be asked to refine the procedures and deveIoD a checklist for typical types of plan checks, to enable delegation of routine duties to subordinate inspectors One of the problems in delays in approval of plan checks was the inter- departmental referrals to the Engineering, Water and Fire Departments The Assistant Administrative Officer was attempting to work up an interdepartment Community Development program to correct this Droblem The matter was ordered received and filed 3 Memorandum from Robert Strong,- iPlanning Director, reporting on Campaign Sign enforcement requested by Councilman Jesse Norris' memorandum of May 20, 1974, in which the Councilman felt that an arbitrary approach to controlling temporary signs on private properry was wrong and ineffective He felt that the method in which the City was Droceeding to correct alleged violations was not correct and that the property owners were the ones who were responsible for placing signs on their property Mr Strong stated that although sign control and particularly temporary campaign signs had been a difficult enforcement problem in the past and remained so presently, it would be arbitrary not to encourage compliance and if necessary enforce all Drovisions WithoOt an in -depth review, he could not respond to whether or not, or why, the requirements have been City Council Minutes May 24, 1974 Page 2 enforced in the past, but in his opinion, in order to be effective, the regulations of the City must be exDlained to those affected and then en- forced to obtain compliance He felt that if the regulations were "wrong and ineffective" they should be amended or repealed, but interpretation a and enforcement should continue to be consistent and persistent, if it were to be equitable He then reviewed the zoning and sign regulations relative to signs which could be placed in various districts, definitions, and locations of tem- porary signs, etc Councilman Graham arrived at the meeting at this time, 12 15 P M 12 Continued from the meeting of May 20, 1974 Memorandum from D F Romero, City Engineer, requesting Council approval of two actions taken by the Waterways Planning Board Tropicana Footb.-i dge 2 Sewer service to Hazard Mobile Home Park On May 8, 1974 the Waterways Planning Board took the final action and re- commendation to the City Council The Waterways Planning Board does hereby recommend that the bottom of the easterly end of the footbridge at Tropicana be brought to a level even with the top of the easterly bank The motion was adopted and unanimously carried by the members of the Waterways Planning Board Jim Stewart representing Tropicana Village ob,lecTed to both the recom- mendations of the City Engineer for a 2 8 foot higher elevation for the bridge and the Waterways Board recommendation for a 3 5 foot elevation for the bridge He objected on Tne basis that to elevate the bridge either 2 8 feet or 3 5 feet would require great expense and little benefit to flood control He offered to raise the bridge by 2 feet which he felt riould be adequate and would protect the structural integrity of the bridge and also give more clearance to creek flow He also reminded the City Council that this bridge located and constructed in its present location was approved and accepted by the City of San Luis Obispo The City Council discussed with the City Engineer and with Jim Stewart of Tropicana the recommendation of the Waterways Planning Board and the basis for the recommendation On motion of Councilman Brown, seconded by Councilman Gurnee that the City Council support the recommendation of the Waterways Planning Board and re- commend that the bridge at Tropicana be lifted 3 5 feet at the easterly end to be broughT to a level which places the bottom of the web even with the too of the easterly bank Motion carried, all ayes, Councilman Graham voting no On May 8, 1974 the Waterways Planning Board made the following recommen- dation to the City Council, unanimously carried, that the 1aterways Plan- ning Board hereby recommended that the City Council consider a sewer ser- vice across San Luis Creek at the Hazard Mobile Home Park as a hazard and A set the matter for abatement hearings D F Romero, City Engineer, reviewed the problems at this particular lo- cation On motion of Councilman Brown, seconded by Mayor Schwartz that the public hearing be set for sometime in July for an abatement of the sewer line on the Hazard property Motion carried, all ayes City Council Minutes May 24, 1974 Page 3 13 8 16 Memorandum from D F Romero, City Engineer, regarding in- stallation of Traffic signals and highway lighting at the intersection of Madonna Road and the north -bound off -ramps from State Highway 101 as pro- Dosed by the State, and too, Council consideration of amending the Annual Transportation Claim (additional funds having been made available to the City -- $56,502) D F Romero, City Engineer, reported fhaf at the intersection of Madonna Road and the north -bound off -ramp from Highway 101 in the last three and a half year period there were 25 motor vehicle accidents, 18 of which he felt could have been prevented by the installation of traffic signals He stated this was a most hazardous intersection Recognizing this the State Transportation Department immediately prepared plans and were pre- pared to go to bid if the City indicated the willingness to bear its share of the cost The City Engineer stated that the City's share would not exceed $27,000 and he had a cooperative agreement with the State of California to cover this matter Memorandum from the City Engineer stating that having been notified by the San Luis Obispo County and Cities area Planning Coordinating Council that there would be an additional $56,502 available to the City in their transportation claim and the City Engineer recommended that Alternate A for the proposed expenditure of the funds if the Council felt that the signalization project above was of sufficient priority to proceed and then also complete the remaining six streets of the ten streets included in the local street Priority No 7, or if the Council felt that the sig- nalization was not of sufficient priority, then alternate B could be con- sidered, which sould be to complete the remaining six streets of the ten streets in local street Priority No 7, and complete the five streets included in the local Priority List No 8 The City Council questioned the City staff on what the responsibility was of the City being required to participate in the signalization of an inter- section when the traffic was coming off a state highway owned and controlled by the State Transportation Department, and they did not see why they should have to pay any portion of that improvement, and would like to know why The City Council then asked the City staff to try to dig out the historical data and reasoning why the City had any responsibility at this intersection On motion of Councilman Graham, seconded by Councilman Brown that Alternate A which would be to complete the remaining six streets of the ten streets included in the local street priority program, and financing the City's share of U S 101 north -bound off -ramp signal at Madonna Road be included in the amendment to annual transportation claim RESOLUTION NO 2609, a resolution of the Council of the City of San Luis Obispo revision the City's 1974/75 Annual Transportation Claim against the local transportation fund of the County of San Luis Obispo Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES None ABSENT None City Council Minutes May 24, 1974 Page 4 14, Presentation by the City Engineer of plans and specifications for Citv Recreation Center Addition, City Plan No 27 -74 Engineer's es- timate $14,000 He then presented the plans showing the scope of the work to be accomplished under this contract On motion of Councilman Graham, seconded by Councilman Brown the plans and specifications were approved and the City Engineer was authorized to call for bids Motion carried 15 City Engineer presented plans and specifications for retain- ing wass construction and drainage protection work in Mission Plaza, City Plan No 21 -74 The engineer's estimate $44,000 The City Engineer presented the plans showing the scope of the work to be accomplished to be done under this contract and the extent and type of improvement to be made in the plaza On motion of Councilman Gurnee, seconded by Mayor Schwartz the plans and specifications were approved and the City Engineer was authorized to call for bids Motion carried A D F Romero, City Engineer, presented a report to the City Council stating he had received a request from the Central Coast Lab- oratories for issuance of a grading permit on the French Hospital and Clinic Property Due to the controversy on previous permits on this parcel, he was submitting construction plans and typical cross - section for Council review He continued that the applicant oroposed to olace approximately 4,000 cubic yards of material in an embankment area souther- ly or the existing parking lot The material will be obtained from grad- ing necessary°to develop the parking lot near the clinic and from the excavation for the clinic basement A great deal of this material was already stockpiled on the property The City Engineer stated that the final placement in the embankment area would Drovide for a smooth transition at Ella Street or easterly limit of the rill, with the main part of the embankment being brought to substanTially the grade of the present parking lot, and with 2 1 slopes along the westerly edge of the fill The existing banks slope from the parking lot would be shifted approximately 60 feet westerly of their present location The fill will be placed over an existing corrugated metal pipe storm drain and would not interfere with drainage in any way The fill would also be placed across undeveloped portions of George Street and Iris Street rights -of- way, however, the City has no plans for utilization of these undeveloped stubs The applicant proposed to plant native grasses on the finished slopes The maximum bank created by the slope will be approximately six feet high For this reason and due to the quantity of fill material, the ap- plicant had submitted these plans to the Planning Commission for an environ- mental impact determination at its meeting of May 21, 1974 David Williamson, Assistant Administrative Officer, stated that the Planning Commission had considered this at their meeting and determined that an en- vironmental impact report was not required On motion of Mayor Schwartz, seconded by Councilman Graham the City Council approved the issuance of the grading oermit on the basis that the Planning Commission felt there was no environmental impace problem, but they asked that the slope banks be landscaped in cooperation with the City staff, witn the tops of the banks to be developed with schrubs and the bottom with some type of ground cover Motion carried, Gurnee voting no City Council Minutes May 24, 1974 Page 5 B The City Council again undertook discussion of the complaint,-6f Councilman Norris regarding enforcement by the City of Campaign Siqns on private property Councilman Norris felt that temporary election campaign signs should be excluded from the sign ordinance, and should not be enforced because this is a way for the average person to show his support for individuals running for political office He felt this should be considered an ex- emot temporary sign and as the election campaign was normally of such short duration no one really could be offended by their presence Mayor Schwartz stated that he disagreed with the request from Coun_ci_Iman Norris as he felt the sign ordinance was attempting to clear up the com- munity from the deluge of signs on private property placed without permit which he felt gave the City a very tacky, dirty look On motion of Mayor Schwartz, seconded by Councilman Gurnee, the staff was instructed to continue to enforce the existing ordinance unless the ordinance was amended (at Council instigation) Motion carried with Councilman Norris voting no C Progress report on the request of Kathy Scala for clean -up of the City operation at the north end of Pismo Street was continued to the City Council meeting of June 3, 1974 D At this time the City Council again discussed what action, if any, the City Council should take in the matter of Measure B on the June 4th primary ballot which was the tax rate provisions for Zone 9 of the San Luis Obispo County Flood Control and Water Conservation District Councilman Brown, representative of the City Council to the Advisory Board for Zone 9, felt that the proposed Zone 9 was the only vehicle now available to the City and its citizens to do anything in relation to flood control He felt the advisory board was doing a g--),)d Job with representatives from both the City and the County areas working together to try to arrive at a fair program for future implementation of flood control projects He urged the City Council to endorse the measure on the June ballot as he felt it was the,only way to go for the City and County in the water sheds of San Luis Obispo Creek and its tributaries While he realized that this measure would not give sufficient funds to actually do any projects, he felt that the studies had been discussed and he felt that they were needed and should be accomplished The City Council discussed with Clint Milne, the Assistant County Engineer, various plans and programs envisioned by the Flood Control District Ad- visory Board and the Board of Supervisors for Zone 9 flood control projects and studies Councilman Gurnee stated that he was opposed to Zone 9 and to the tax rate measure as he felt the City was being taxed without representation as three supervisors who were opposed to the City plans to attempt to correct flood control problems in this watershed do not even live in this area and yet they would have the right to veto and have vetoed past plans He also felt that the Zone 9 approach through Measure B was too little, too late, and not enough funds to really accomplish anything for the next four or five years He was also opposed to adding to the property City Council Minutes May 24, 1974 Page 6 tax rate for flood control expenditures when the Board of Supervisors was sitting on a tremendous amount of funds from the Federal Government which have not been allocated or even planned to be spent by them Finally, if Measure B passed, he warned his fellow Councilmen that he would attempt to revise the City tax rate by lowering it 8¢ per $100 evaluation so that the City tax payers would not be hit twice for the same purpose He recommended that the City Council opposed the issue not because he was against flood control but because he did not feel the projects as envisioned would help the City of San Luis Obispo On motion of Councilman Brown, seconded by Councilman Norris, that the City Council endorse Measure B, Tax increase on the June 4, 1974, pri- mary ballot to raise taxes to pay for Zone 9 studies and operation Mayor Schwartz stated he would reluctantly support the motion as he felt that the existing program as proposed by the Zone 9 Advisory Board has been poorly devised and the results would be negligible, but he felt it was the only vehicle available to do anything for flood control within The San Luis Obispo Creek watershed Now that the Counry had formed the district, there was noT much that the City government could do Motion carried on the following vote AYES Brown, Norris and Schwartz NOES Gurnee and Graham On motion of Councilman Brown, seconded by Councilman Graham, the City Council adjourned to 12 15 P M Tuesday, May 28, 1974 to continue Council study of the 1974/75 CiTy budget Motion carried APPROVED August 19, 1974 iyr7 <� H PATRICK, CITY CLERK MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA May 28, 1974 - 12 15 P M Conference Room, City Hall Pledge Roll Call ' Present John C Brown, Myron Graham, T Keith Gurnee, and Mayor Kenneth E Schwartz Absent Jesse Norris City Staff Present J H Fitzpatrick, City Clerk, R D Miller, Administrative Officer, A J- Shaw, Jr , City Attorney ------------------------------------------------------------------------- 1 The City Council began their study of the 1974/75 City Budget as prepared by the Administrative Officer starting with Page 86„ General Fund Expenditures, thru Page 185 inclusive 2 The City Council adjourned to Executive Session 3 The meeting adjourned at 2 00 P M , to 12 15 P M , Wednesday, May 29, 1974, on motion of Councilman Brown, seconded by Councilman Graham Motion carried 1 APPROVED July 1, 1974 H IF�TLPATRICK, CITY CLERK Pledge Roll Call City STaff MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA May 29, 1974 - 12 15 P M Conference Room, City Hall Present John C Brown, Myron Graham Absent T. Keith Gurnee, Jesse Norris and Mayor Kenneth E Schwartz Present J H Fitzpatrick, City Clerk, R D Miller, Administrative Officer, A J Shaw, Jr , City Attorney 1 Due to lack of quorum, the City Councilmen present sat as a Council Subcommittee and proceeded to continue to study the 1974/75 City Budget as prepared by the Administrative Officer, starting with Page 186 thru Page 232, inclusive Councilman Gurnee arrived at the meeting and took his place at 1 00 P M The City Council then sat as Official Meeting with Vice -Mayor John Brown presidting and continued to study the 1974/75 City Budget, beginning with Page 233 thru Page 285, inclusive 2 On motion of Councilman Graham, seconded by Councilman Gurnee the meeting adjourned at 2 00 P M to 12 15 P M , Friday, May 31, 1974 Motion carried APPROVED July 1, 1974 H i PATRICK, CITY CLERK F� MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA May 31, 1974 - 12 15 P M Conference Room, City Hall Pledge Roll Call Present Absent City Staff Present John C Brown, Myron Graham, T and Jesse Norris Mayor Kenneth E Schwartz Keith Gurnee, J H Fitzpatrick, City Clerk, R D Miller, Administrative Officer ----------------- - - - - -- ---------------------------------------------- 1. The City Council continued their study of the 1974/75 City Budget, beginning with Page 286 thru Page 416, inclusive 2 The City Council adjourned to Executive Session 3 The meeting adjourned at 1 55 P M , on motion of Councilman Gurnee, seconded by Councilman Graham APPROVED July 1, 1974 �H ATRICK, CITY CLERK MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA MONDAY, JUNE 3, 1974 - 7 00 P M COUNCIL CHAMBERS, CITY HALL Pledge ' Roll Call PRESENT John C Brown, Myron Graham, Jesse Norris, and Mayor Kenneth E Schwartz ABSENT T Keith Gurnee City Staff PRESENT J H Fitzpatrick, City Clerk, R D Miller, Adminis- trative Officer, David Williamson, Assistant Admin- istrative Officer; R A Paul, lister Department Direc- tor, Sgt Chelquist, Police Department, Wayne Peter- son, Assistant City Engineer, Lee Schlobohm, Fire Chief, Robert Strong, Director of Planning & Building 7 1 At this time the City Council held a public hearing on the Robert Strong continued that the City previously required one space for each 1,500 square feet regardless of whether the use was small or large, indoor or outdoor Although arbitrary and interim, until a more com- prehensive re- evaluation of parking requirements had been accomplished as a part of the regulatory system revisions, the above changes recom- mended by the Planning Commission reflected prevalent standards of other communities surveyed. Mayor Schwartz declared the public hearing open Charles Davis, property owner, appeared before the City Council objecting to rejection of parking space area in the M zone It was his feeling that no changes were warranted and that if anything, insufficient space was now required for industrial properties if you took into account the people working in the industrial area Mayor Schwartz declared the public hearing closed The City Council discussed the recommendation of the Planning Commission with the Planning Director After discusskonr,Councilman Norris moved that an ordinance be introduced to print embodying the c anges recom- mended by the Planning Commission recommendation of the Planning Commission to amend the zoning ordinance, Section 9200 36 and 9200 34, to require one parking space per 1,000 square feet for the first 10,000 square feet and one space per 5,000 square feet for the area in excess of 10,000 square feet for various indoor and out- door uses in the C -H and M zones Robert Strong, Planning Director, presented the recommendation of the Planning Commission for the above recommended parking changes It was the feeling of the Planning Commission that there was no specific standard required by other cities and that the City of San Luis Obispo parking requirements were not the most stringent, but that the City's parking requirements for this type of use seemed excessive The amendment recom- mended would provide sufficient parking a could be more equitable to n property owners The Planning Commission recommended that the zoning amendment be adopted Robert Strong continued that the City previously required one space for each 1,500 square feet regardless of whether the use was small or large, indoor or outdoor Although arbitrary and interim, until a more com- prehensive re- evaluation of parking requirements had been accomplished as a part of the regulatory system revisions, the above changes recom- mended by the Planning Commission reflected prevalent standards of other communities surveyed. Mayor Schwartz declared the public hearing open Charles Davis, property owner, appeared before the City Council objecting to rejection of parking space area in the M zone It was his feeling that no changes were warranted and that if anything, insufficient space was now required for industrial properties if you took into account the people working in the industrial area Mayor Schwartz declared the public hearing closed The City Council discussed the recommendation of the Planning Commission with the Planning Director After discusskonr,Councilman Norris moved that an ordinance be introduced to print embodying the c anges recom- mended by the Planning Commission I, i i City Council Minutes June 3, 1974 Page 2 Motion lost for lack of second On motion of Councilman Graham, seconded by Councilman Brown that the mat- ter bey returned to the Planning Commission for restudy of parking uses in the C -H zone only and not in the M zone Motion carried 2 At this time the City Council held a public hearing on the recommendation to rezone the area bounded by High, Beebee, South and Higuera Streets from M to C -H Robert Strong, Planning Director, presented the recommendation of the Planning Commission for the City Council's information He stated that the Planning Commission felt the subject property was located within the area by High Street on the north, Beebee Street on the east, South Street on the south and Higuera Street on the west The property was developed with heavy commercial and neighborhood commercial uses, which included a grocery store, restaurant, retail establishments, bus station, outdoor storage, etc. Surrounding land uses included residential uses on the east and heavy commercial uses on the north, west and south He stated that the City was initiating the rezoning in conformance with the General Plan to allow the establishment of additional heavy commercial uses within the subject area Also the existing neighborhood- commer- cial use within the area were not allowed uses in the M zone and there- fore were nonconforming It was the Planning Commission's opinion that this was a logical rezoning and was in accordance with the General Plan recommendations Mayor Schwartz declared the public hearing open Ed Salas , appeared before the City Council objecting to the rezoning only of that portion on the corner of Beebee and High Streets as he had just recently purchased the property and hoped to develop it into a residential use He hoped that the City Council could at this time eliminate this proposed recommendation by the Planning Commission ifayor Schwartz declared the public hearing closed The Mayor explained to Mr Salas the steps that were necessary to go through to rezone a niece of property from one use to another and sug- gested that he contact the Planning Department if he wished to proceed with the requested rezoning to residential use On motion of Councilman Brown, seconded by Councilman Graham the following ordinance was introduced ORDINANCE NO 616 (1974 Series), an ordinance amending the official zone map of the City of San Luis Obispo Passed to print on the following roll call vote AYES Councilmen Brown, Graham, Norris, and Mayor Schwartz NOES None ABSENT Councilman Gurnee 3 At this time the City Council considered the adoption of an ordinance amending the City's ordinance for the regulation of contri- butions and expenditures in Municipal Elections by deleting provisions concerning solicitation agents and changing t e day for publication of campaign statements These changes came about during the final hearing and adoption of the original ordinance and changes were requested by the City Council r City Council Minutes June 3, 1974 Page 3 Mayor Schwartz declared the public hearing open No one appeared for or against the ordinance Mayor Schwartz declared the public hearing closed On motion of Councilman Graham, seconded by Mayor Schwartz the following ordinance was introduced ORDINANCE NO 617 (1974 Series), an ordinance of the City of San Luis Obispo amending the Municipal Code and the City's ordinance for the regulation of contributions and expenditures in Muni - cipal elections by deleting the provisions concerning solicitation agents and changing the day for publication of campaign statements Passed to print on the following roll call vote AYES Councilmen Brown, Graham, Norris and Mayor Schwartz NOES None ABSENT T Keith Gurnee 4 At this time the City Council again considered the proposed in- stallation of bicycle lanes on Los Osos Valley Road b een Madonna Road and the northwesterly city limits and possibly restricted parking on the west side of Madonna Road This matter was continued from the meeting of March 4, 1974 D F Romero, City Engineer, sibmitted proposals for handling bicycle paths ley Road a report and sketches showing two on the westerly side of Los Osos Val- Plan A would place the bike lane adjacent to the curb along Los Osos Valley Road from the northwesterly city limits to Madonna Road with parking;pro- hibited adjacent to the curb Plan B would be _a proposal to allow parking along the curb at Los Osos Valley Road and then adjacent to the parking lane a six foot bicycle lane This would carry from the northwesterly city limits to Madonna Road The City Council again reviewed the report on bike paths by John E Williams and the amended report by Mr Williams of May 23, 1974 This report recommended that Plan B as suggested by the City Engineer be adopted Mayor Schwartz stated he again would like to present a combination of A and B which would allow curb parking from Madonna Road northerly op- posite the extension of Oceanaire Drive and that no curb parking be allowed from Oceanaire Drive extended to the northwesterly city limits He felt in this way both the property owners, who had developed property and needed curb parking could be served and that the northwesterly end of the street which did not need the parking could then allow the bikes to travel adjacent to the curb On motion of Councilman Brown, seconded by Mayor Schwartz the following resolution was introduced RESOLUTION NO 2612 (1974 Series), a reso- lution of the Council of the City of San Luis Obispo prohibiting parking and establishing a bicycle lane on Los Osos Valley Road. Passed and adopted on the following roll call vote, all ayes, Councilman Gurnee absent 0 City Council Minutes June 3, 1974 Page 4 5 Communication from D F Romero, City Engineer, reporting to the City Council on the Water Quality Control Board requirements adopted May 10, 1974, which required records for daily application of chlorine which required at the Sewer Plant and also required that the water supply be sampled for total nitrogen content and also required that the City's monitoring program be reported monthly rather that quarterly The City Engineer continued that the requirements adopted were more strin- gent regarding cyanide, copper and zinc, than those of the earlier draft, and included toxicity limits, complete dechlorination, and a reporting of the toxicity, which were all at the request of the Fish and Game Commission He concluded that in discussions with the local manager of the Culligan Water Softener Service, that the adopted requirements were so strict that there was a good possibility that not only would home water softeners be prohibited, but commercial water softeners as well If this were so, it would eliminate the choice of citizens in obtaining soft water for their residences, and would make it impossible for certain commercial establishments, such as laundries, to function In any event, the City Engineer concluded that he had asked the consul- tant John Jenk's comments regarding this part of the requirements and also for a proposal for headworks bypass for consideration at the June 17 Council meeting "Fred Hurst, representing Culligan ,Water Softener Service of Paso Robles, reviewed for the City Council the implications of the Water Quality Control Board requirements of controlling sodium in waste water dis- charge He felt that if this requirement were in force there was a good possibility that not only would all hame water softeners be pro- hibited, but commercial water softeners as well In order to protect their business interest he offered the services of his company in any studies undertaken by the City in this area and that the full facilities of the laboratory and their laboratory personnel would be available to the City for testing, monitoring, etc The Mayor thanked Mr Hurst for his offer, and stated that he was sure that the City would be looking for help from the private sector D F Romero, City Engineer, then submitted a proposal from Jenks and Adamson to prepare and design recommendation in connection with the raw sewage bypass at the sewage treatment plant in light of the requirements established by the Regional Water Quality Control Board The total cost of the services would not exceed $900 On motion of Councilman Graham, seconded by Councilman Brown that the City accept the proposal of John Jenks, of Jenks and Adamson, and auth- orize the Mayor to sign the agreement Motion carried 6 The City Council reconsidered the recommendation of the Mass Transportation Committee dated May 10, 1974 considered and approved by the City Council on May 20, 1974 Item No 9A of that report was a recommendation that bus routes be modi- fied to provide better service to the community The matter for reconsid- eration was requested by Councilman Norris as he wished the City Council -to—reconsider the elimination of the high school from the bus route D F Romero, City Engineer, reported that the recommendation of the Mass Transit Committee was based on the fact that the bus route going towards the high school easterly on Marsh Street to California Boulevard many times was stopped becuase of the railroad trains being in the crossing which necessitated the bus to take another route to get to the high school area and it was felt that this caused scheduling problems, and further there was not much business being made of the bus by the high school stu- dents 0 City Council Minutes June 3, 1974 Page 5 Councilman Norris again urged the City Council to route the bus to San Luis Drive and California Boulevard in order to service the high school, the Economic Opportunity Offices on Marsh Street, and the Nuss Pool It was his feeling that the summertime that the buses would be used trans- porting youngsters to the swimming program i On motion of Councilman Norris, seconded by Councilman Brown that the City replace the loop to San Luis Drive and California Boulevard to Johnson Avenue Motion carried, all ayes, Gurnee absent 7 D F. Romero, City Engineer , submitted a report to the City Council on the action of the City Street Department Crews thatevaluated behind the retaining wall at 1645 Encino Court as directed by the City Council He submitted a sketch showing the dimensions of the retaining wall as constructed Dr Helmut Schleicher, 2640 E1 Cerrito Court, the complainer in this instance, stated that he witnessed the exposing of the wall and footing of the retaining wall at 1645 Encino Court, and he again stated that he desagreed with the conclusions arrived at by the City Engineer and his staff and he feels that 1 That the wall stands on uncompacted soil and rock fill, 2 There was not gravel fill behind the wall, 3 That the dimensions of the footing and the wall do not conform to the standard which the City Engineer quoted He then reviewed in detail the footing depth, the footing width, the heights, etc He also stated he felt that the required reinforcing was not present However, he stated that in order to save further concern he asked the City Council the following 1 That the City Council gives him in writing that assurance that the wall meets the specified standards and is there- fore considered safe If he receives this from the City he would accept such a certification of the structure The City Engineer continued that the wall deviated from a City stand- ard with a level backfill, in that the footing was one inch (111) narrower than indicated by the standard, and that the depth of footing tapers up to nine inches (9 ") at the outside edges rather than being twelve inches (12 ") throughout the full length The placement of the wall along the footing was approximately two inches (2 ") away from the standard location The City Engineer stated that he felt all these deviations were quite minor and did not create any significant problem regarding the strength of the wall He reported that Paul Landell of his office found considerable evidence of gravel along the back of the wall, even though gravel was not required according to the City detail He also stated that the engineers found material beneath the wall and in ' the backfill to be very well compacted He concluded that the field investigation that was carried,out again, the contention of the Public Works Department, the contractor, and the consulting engineers, that the wall at 1645 Encino Court was built to City standards and was structurally safe He also stated that the present owner of the property, George Gowgani, was extremely unhappy at what he felt was harrassment by the City on the part of the neighbor and he stated that he would not grant further permission for the City or Mr Schleicher to enter the property and to annoy him further. Dr Helmut Schleicher, 2640 E1 Cerrito Court, the complainer in this instance, stated that he witnessed the exposing of the wall and footing of the retaining wall at 1645 Encino Court, and he again stated that he desagreed with the conclusions arrived at by the City Engineer and his staff and he feels that 1 That the wall stands on uncompacted soil and rock fill, 2 There was not gravel fill behind the wall, 3 That the dimensions of the footing and the wall do not conform to the standard which the City Engineer quoted He then reviewed in detail the footing depth, the footing width, the heights, etc He also stated he felt that the required reinforcing was not present However, he stated that in order to save further concern he asked the City Council the following 1 That the City Council gives him in writing that assurance that the wall meets the specified standards and is there- fore considered safe If he receives this from the City he would accept such a certification of the structure City Council Minutes June 3, 1974 Page 6 On motion of Councilman Brown, seconded by Councilman Norris that the City Council finds the retaining wall at 1645 Encino Court meets the specified City standards and that upon recommendation of the City Engineer that the wall is safe, the City accepts this recommendation and so publicly notifies Mr Schleicher Motion carried, all ayes The City Clerk was asked to send a copy of the minutes of the meeting to Mr Schleicher for his records 8 D F Romero, City Engineer, presented for the Council's consideration the Final Map and Subdivision Agreement for Tract 467, Unit 2 , Garden Homes He stated that the final map meets the City's requirements and is substantially complete and then listed the special conditions of the subdivision as follows 1 The developer shall pay the City the sum of $1840 36 which is the fair market value of 3/8 of an acre of land These funds are to be used for future park development 2 The developer shall pay the City the sum of $13,244 00 (17 20 L_ acres @ $770 /acre) water acreage fees 3 The developer shall pay the City the sum of $1854 84 (87 units @ $21 32 /unit) for a proportionate share of the excess capacity pro- vided in the Howard Johnson and in the Laguna lift staitons and force mains 4 The City will construct, by means of a competitively bid, pub- licly administered contract, the earthwork, subgrade preparations, I base and paving for widening of Higuera Street and the improve - went of Los Osos_ Valley_Road _The developer will pay the cost of subgrade preparation and_cyrh _eutter and sidewalk on Higuera Street, and will pay those costs on Los Osos Valley Road assignable to local street (36' roadway, T I of 5 5), with the City paying for base and paving on Higuera Street and those costs on Los Osos Valley Road assignable to the necessity to construct a major street The City will reimburse the developer the amount of $642 00 for earthwork and subgrade preparation on Los Osos Valley Road 5 The City agrees to permit street -type main entrances on Los Osos Valley Road, and recognizes that the development will take place in an areajshown as "flood prone" on the City General Plan, which did not flood in the January 1973 storm 6 No building permit shall be issued for combustible construction except as provided by Section 4 of Ordinance No 568 No permit for occupancy of any structure shall be issued until an adequate water system has been installed, is operative and approved by the City A warning notification as specified in the Ordinance shall be placed on the map 7 Off -site sewer, water and storm drainage easements shall be offered to the City prior to occupancy of the first dwelling unit 8 Grading permit and retaining wall permit fees in the amount , of $496 00 shall be deposited with and treated as normal inspec- tion fees City Council Minutes June 3, 1974 Page 7 9 For planning purposes, the City estimates that improvements constructed by compepitive bids will be completed within 24 weeks j after the contract is awarded, and City agrees to use due diligence in seeking timely contract performance However, the parties re- cognize that City cannot guarantee timely performance, and developer agrees_that City shall not be responsible for any loss incurred by him as a result of delays in contract completion Developer also agrees to hold City harmless from all claims by third persons, pur- chasers or tenants which are based upon delays in performance of the publicly administered contracts 10 It is mutually agreed that the Developer's share of those por- tions of the work to be publicly administered is estimated at $7190 00, and that these funds will be deposited with the City If after the contract is awarded for this work it is found that the amount deposited exceeds the Developer's share, the City shall refund the surplus to the Developer It is also mutually agreed that should these funds prove insufficient, the Developer will provide additional funds as deemed necessary by the City 11 It is mutually agreed that the Developer shall have the right to reject any bid which is publicly administered which the Developer feels will result in unreasonable hardship 12 The following paragraph is a part of this agreement and shall be placed on the subdivision map" Within Lots 88, 89, 90 and 91 of Tract 467, Unit 2, and within other easements designated as "Public Utility Easements" on the final recorded subdivision map of Tract 467, Unit 2, no physical obstruction which would prohibit free access for op- eration, maintenance and replacement of public utility facilities shall be installed except as approved by the City. Use of such lots and easements shall at all times be subject to the paramount rights of the City for the purposes for which they were originally reserved and if in the course of operation, maintenance or restoration of existing public utility facilities or construction of future facilities intended to serve directly Tract 467, Unit 2, at becomes necessary for the City to remove any private improvements, including street improvements and landscaping, such removal shall be accomplished by the City without responsibility for restoration or replacement of the private improvements, provided the City will repair and replace the public facilities removed and will backfill and compact to base of paving or to ground level excavations made by the City The provisions hereof shall be binding upon and shall inure to the benefit of the successors of the parties hereto Nothing shall be construed to give -the City rights, to use said Lots 88, 89, 90 and 91 and Public Utility Easements shown on the subdivision map of Tract 467, Unit 2, to serve any properties not located within said Tract 467, Unit 2 The City Engineer stated that all the conditions had been approved by the Planning Commission, Subdivision Review Board, and had been accepted by the sub - developer except that now there was a question as to the amount of contribution for future park development, item •1 of the special condi- tions The City Engineer continued that the item 1 shown at $1840 36 was on the basis of the value of the property at the time the tentative map was sub- mitted and approved by the City Council and is sorrequired by the sub- division ordinance But, since that time, the Park and Recreation Com- mission felt that condition 1 should be modified to the amount of $7,416 75 City Council Minutes June 3, 1974 Page 8 which was the fair market value of 67 acres based on a fair market value of today of $11,000 per acre He felt that this should be con- sidered by the City Council He then presented a communication from the Park and Recreation Commission explaining their feeling on the park land dedication fees as suggested and as recommended amended by the Park and Recreation Commission The further consideration of the matter by the Park and Recreation Commission then reduced the amount of land which was to be included as part of the dedication, which is now 3/8 of one acre and that the fee based on the current market value should be $4,125 00 Warren Dolezal, developer, objected to the City's attempt to tie the final map approval with today's market value for park land dedication rather than to the date of the tentative map which he felt was what the City ordinance required He also felt that his budget for the tract on the commitments made at the tentative map stage had been approved, and that now he was being unfairly treated in that he must somewhere get additional funds to make the deposit necessary to proceed with the tract He felt that the City Council naturally had him over a barrel as he could not abandon the subdivision over such a small amount of money when he had so many hundreds of thousands tied up He did not feel that this was fair treatment by the City of San Luis Obispo Robert Strong, Planning Director, reviewed for the City Council the var- ious City ordinances dealing with dedication of park land in subdivisions particularly in planned developments when the subdivisions are being done in phased units Councilman Norris stated that it was his opinion that the City Council ' should stay with the City ordinance as adopted and that the park land in lieu dedication fee should be established at the time of filing the tentative map and not at today's values after the subdivision has been rstarted , The City Council then discussed at length at which point in time did the lieu fees come into effect, at the tentative map stage or at the final map stage or development stage Robert Strong again reviewed both ordinances and their implications on this tentative development Councilman Norris moved that the 3/8 acre value should be taken as of the time of filing the tentative map which would require the filing of the sum of $1840 36 Motion died for lack of a second On motion of Councilman Graham, seconded by Councilman Brown that the City Council accept the recommendation of the Park and Recreation Com- mission for 3/8's acres of in lieu fee at $4,125 00 Motion carried, all ayes, Councilman Gurnee absent D.F Romero, City Engineer, then brought to the City Council's considera- tion a special request by W Dolezal to allow permission to remove over 60,000 cubic yards of earth from Phase 2 of Garden Homes development, to land lying westerly of Phase I and II and east of San Luis Creek At the request of the City Council the City Engineer reviewed in detail the grading plan of Phase 2 and the plan where the 60,000 cubic yards of land would be deposited and ultimately compacted City Council Minutes June 3, 1974 Page 9 On motion of Councilman Brown seconded by Councilman Graham that the City Council withhold approval of the final map and subdivision agree- ment of Tract 467, Unit 2, pending revision of the grading plan of the tentative map and determination by the Planning Commission of implications on movement of surplus dirt from the site of Unit 2 to the adjacent property Motion carried, all ayes, Councilman Gurnee absent 9 25 P M Mayor Schwartz declared a recess 9 40 P.M The City Council reconvened, all members present, Councilman Gurnee absent 9 Communication from the City Engineer forwarding a recommenda- tion of the Waterways Planning Board that the request of James Renning to construct a driveway decking over an enclosed drainage facility be approved Since this involved construction over a City easement, ad- ditional action on the Council's part was necessary On motion of Councilman Brown, seconded by Councilman Graham that the fecommendation of the Waterways Planning Board be approved and that James Renning be allowed to construct driveway decking over the facility after execution of an encroachment permit Motion carried all ayes, Council- man Gurnee absent 10 Communication from the City Engineer stating that the Federal Highway Act of 1973 would make available within the next three years for ' the use of the City of San Luis Obispo $420,000 for expenditures on high- ways One of the requirements established by the Federal Government for the use of these funds called for a cooperative process in determining priorities Accordingly, the County staff was recommending that each city in the County of San Luis Obispo adopt a resolution authorizing this cooperative process He concluded that the area Planning Council would consider these resolutions at its next meeting and he asked the City Council to consider adoption of a resolution approving the coopera- tive process for determining project priorities for Federal Aid Urban Planning On motion of Mayor Schwartz, seconded by Councilman Graham the following resolution was introduced RESOLUTION NO. 2610, a resolution of the Council of the City of San Luis Obispo requesting the State Department of Trans- portation to approve a cooperative process for determining Federal Aid for Urban System project priorities Passed and adopted on the following roll call vote AYES Schwartz, Graham, Brown, and Norris NOES None ABSENT Councilman Gurnee ' 11 Memorandum from Robert Strong, Planning Director, regarding General Plan revision and related special services, which he felt would be most appropriate and most economical if the City were to hire certain individuals and limited technical assistance locally rather than hire part -time technical staff in-the City He presented a recommendation and proposal that Urban Resource Analysts be retained to perform a resi- dential building study which would evaluate residential structures in terms of land use type, building occupancy, building condition, building City Council Minutes June 3, 1974 Page 10 age, and building size They would also determine Architectural style and significance, historic value, conversions of building use and the relationship of each site to its neighbors The total cost for the survey by URA would be $2,500 On motion of Councilman Graham, seconded by Councilman Brown that the City Council accept the proposal of Urban Resources Analysts, maximum fee)of $2,500, and that the Mayor be authorized to sign the agreement Motion carried C -1 through C -3 approved on motion of Councilman Norris, seconded by Councilman Brown, all ayes, Gurnee absent C -3 The following contract payments were approved for payment R Burke Construction Est 112 $22,059 54 STREET RESURFACING PROJECT City Plan No 35 -74 Conco General Engineering Est #3 3,'400 67 MEADOW PARK, PHASE III City Plan No 22 -74 Karleskint -Crum, Inc Est 114 9,155 92 MEADOW PARK, PHASE III City Plan 114 -74 Walter Bros Construction Est 111 2,745!00 ABATEMENT OF WATERWAYS OBSTRUCTION City Plan No 42 -74 Wilson Electric Est 111 3,152 70 LOS OSOS ROAD FLASHING SIGNAL City Plan No 24 -74 C -4 Petition from 125 residents from the Chorro Street area re- questing that the City Council take immediate action to correct the dangerous traffic hazard on Chorro Street Mac Smith, 487 Chorro Street, spoke on behalf of those citizens signing the petition urging the City Council to take whatever action they felt was necessary to protect the residents of this street from the high speed traffic, inadequate police protection and the fact that the residents feel that the installation of stop signs would eliminate the use of Chorro Street as a thoroughfare. On motion of Councilman Norris, seconded by Councilman Brown that the petition be referred to the Traffic Committee for analysis and recom- mendation, and that representatives of the petitioners be asked to attend the Traffic Committee meeting for discussion purposes Motion Carried C -5 Communication from R A Paul, Water Department Director stating that the request of Kathy Scala of protection from dust and debris coming from the storage site for water pipeline ma- teria�nd temporary stock- pile area for street resurfacing materials be cleaned up as it made a disreputable mess in the area The Water Director stated that the City was now atempting to contact the railroad company who owned the parcel �I City Council Minutes June 3, 1974 Page 11 to see if it could be leased or at least a permission could be granted for the City to improve the parcel with surfacing, fence screening and landscaping. To date they had not heard from the railroad company Mrs. Kathy Scala appeared before the Council and asked to give them some relief from the City operated garbage dump at the end of Pismo Street She stated this was quite a problem in the area and really was not very pleasant for people who lived on the street The matter was continued to June 17, 1974 Motion carried Traffic Committee Items TC -1 74 -6 -1T Recommendations regarding Public Works and Police Department report on parking in the downtown area Approved on the following roll call vote AYES Schwartz, Brown, Norris NOES Graham _ ABSENT Councilman Gurnee On motion of Mayor Schwartz, seconded by Councilman Brown the following resolution was introduced RESOLUTION NO 2616 (1974 Series), a resolu- tion of the Council of the City of San Luis Obispo establishing metered parking on portions of Morro Street and Osos Street, and directing that ' all City parking lots having a two -hour time limit be so posted; Approved on the following roll call vote AYES Schwartz, Brown, Norris and Graham NOES None ABSENT Councilman Gurnee 1 Convert meters on Broad between Marsh and Pacific to ten hours 2 Convert meters on Marsh between Osos and Santa Rosa to ten hours 3 Install two -hour meters on Morro Street be- tween Mill and Palm 4 Install two -hour meters on Osos Street be- tween Mill and Palm ' 5 Require contractors working on construciton _ fobs to pay meters 6 Post all two -hour lots for two -hour parking On motion of Mayor Schwartz, seconded by Councilman Brown the following resolution was introduced: RESOLUTION NO 2615 (1974 Series), a resolu- tion of the Council of the City of San Luis Obispo converting parking meter time limits on portions of Broad Street and Marsh Street to ten - hour time limits (Items 1 and 2) Approved on the following roll call vote AYES Schwartz, Brown, Norris NOES Graham _ ABSENT Councilman Gurnee On motion of Mayor Schwartz, seconded by Councilman Brown the following resolution was introduced RESOLUTION NO 2616 (1974 Series), a resolu- tion of the Council of the City of San Luis Obispo establishing metered parking on portions of Morro Street and Osos Street, and directing that ' all City parking lots having a two -hour time limit be so posted; Approved on the following roll call vote AYES Schwartz, Brown, Norris and Graham NOES None ABSENT Councilman Gurnee City Council Minutes June 3, 1974 Page 12 On motion of Mayor Schwartz, seconded by Councilman Brown Item 5 was denied approval on the following two to two vote AYES Schwartz, Brown NOES. Graham, Norris ' ABSENT Councilman Gurnee TC -2 74 -6 -2T Recommend approval of John Williams recommenda- tions for bikeways on Los Osos Valley Road south of Madonna and extending to Lower Higuera On motion of Councilman Norris, seconded by Councilman Brown the following resolution was introduced RESOLUTION:NO 2613, (1974 Series), a reso- lution of the Council of the City of San Luis Obispo accepting the report of John Williams, regarding Bikeways on Los Osos Valley Road between Higuera Street and Madonna Road Approved on the following roll call vote, all ayes, Councilman Gurnee absent TC -3 74- 6 -3T•� Traffic Committee recommends approving of additional bus stop locations TC -4 74 -6 -4T Recommend two -car length loading zone in front of the First Baptist Church, 2075 Johnson Avenue TC -5 74 -6 -5T Committee recommends 80 feet of white bus loading zone on Ramond east of Polomar ' TC -6 74 -6 -6T Committee recommends bike loading zone and red space in front of the Ark Two Coffee Shop On motion of Councilman Norris, seconded by Councilman Brown Traffic Committee Items TC -2, TC -3, TC -4, TC -5 and TC -6 were approved as in- troduced in the following resolution RESOLUTION NO 2614 (1974 Series), a resolution of the Council of the City of San Luis Obispo establishing bus loading zones at various locations, establishing a passenger loading zone on Johnson Avenue, eliminating a bus loading zone on Osos Street, and eliminating parking on Monterey Street for the purpose of providing a bike rack Passed and adopted on the following roll call vote AYES Norris, Brown, Graham, and Mayor Schwartz NOES None ABSENTa Councilman Gurnee Communication from Or J E. Jorgensen requesting sick leave of over two weeks be granted by the City of San Luis Obispo to J Knepple, Water Department employee. ' On motion of Councilman Brown, seconded by Councilman Norris the sick leave for J Knepple was approved City Council Minutes June 3, 1974 Page 13 The City Council authorized the advertisement of a public hearing on Open Space for June 17, 1974 On motion of Councilman Norris, seconded by Councilman Graham the meeting adjourned to 12 10 P M Tuesday, June 4, 1974 Motion carried, all ayes, Gurnee absent. APPROVED. August 19, 1974 5- ���� � �F ;VflATRICK, CITY CLERK 1 Pledge Roll Call City Staff MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA June 4, 1974 - 12 15 P M Conference Room, City Hall Present John C Brown, Myron Graham, T Keith Gurnee, and Mayor Kenneth E Schwartz Absent Jesse Norris Present J H Fitzpatrick, City Clerk, R D Miller, Administrative Officer 1 The City Council continued their study of the proposed 1974/75 City Budget beginning with Page 417 thru Page 494 inclusive 2 The City Council adjourned to Executive Session 3 On motion of Councilman Graham, seconded by Councilman Gurnee the City Council adjourned to 12 10 P M , Thursday, June 6, 1974 Motion ' carried APPROVED July 1, 1974 15 � H i_PATRICK, CITY CLERK MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA June 6, 1974 - 12 15 P M Conference Room, City Hall Pledge Roll Call Present John C Brown, Myron Graham, T Keith Gurnee, Jesse Norris and Mayor Kenneth E Schwartz Absent None City Staff Present J H Fitzpatrick, City Clerk, R D Miller, Administrative Officer ----------------------------------------------------------------------------- 1 City Council adjourned to Executive Session at 12 15 P M 2 The City Council reconvened at 12 30 P M into regular session to continue their study of the proposed 1974/75 City Budget starting with Page 1 and 2 (Bed Tax Reserve), Page 3 thru Page 25 (Utility Tax) inclusive 3 The City Council considered and took action on the following legislation pending before the State Senate and Assembly A On moTion of Councilman Brown, seconded by Councilman Graham that the City of San Luis Obispo oppose SB 2177 (Moscone) Brown Act - ExeCUTIve Sessions limited Motion carried B On motion of Mayor Schwartz, seconded by Councilman Norris that ' the City Council of the City of San Luis Obispo oppose AB 3745 (Arnett) Business License Taxes Substantially restricted Motion carried (Marler) Workmen's Compensation, Presumption Limitation, Reversal ' C On motion of Mayor Schwartz, seconded by Councilman Norris that the City Council of the CiTy ofi San Luis Obispo oppose SB 1786 (Zenovich) Business Licenses Prohibited Motion carried D On motion of Councilman Brown, seconded by Councilman Graham That the City Council support AB 3924 (Bill Greene, Etal ) the so- called "Tipplers Tax Act " MOTIon carried, Councilman Gurnee voting no E On motion of Councilman Norris, seconded by Councilman Brown that the Council of the City of San Luis Obispo oppose action on ACA 103 (Berman) an act to prohibit charter cities to require employees to be residents of the City Motion carried F On motion of Councilman Graham, seconded by Councilman Brown that the Council of the City of San Luis Obispo support SB 2133, the Leagues Employers - Employees Relations Program Motion carried G On motion of Mayor Schwartz, seconded by Councilman Brown that the City Council of the City of San Luis Obispo support SB 2046 (Marler) Workmen's Compensation, Presumption Limitation, Reversal ' of the Soby Decision Motion carried 4 On motion of Councilman Brown, seconded by Councilman Graham the meeting adjourned at 1 35 P M to 12 15 P M , Friday, June 7, 1974 APPROVED July 1, 1974 H ATRICK, CITY CLERK MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA June 7, 1974 - 12 15 P M Conference Room, City Hall Pledge Roll Call., City Staff Present John C Brown, Myron Graham, T Keith Gurnee, Jesse Norris and Mayor Kenneth E Schwartz Absent None Present J H Fitzpatrick, City Clerk, R D Miller, Administrative Officer, A J Shaw, Jr , City Attorney ----------------------------------------------------------------- The City Council adjourned to Executive Session at 12 15 P.M 2 RD Miller, Administrative Officer presented for the Council's consideration a memorandum of agreement with the miscellaneous employees for wages and working conditions for the fiscal year 1974/75. This agree- ment was arrived at through the meet- and - confer process between the Employees Association and the management team After detailed review of the memorandum of agreement by the City Council with explanation of its implications by the Administrative Officer, it was moved by Councilman Gurnee, seconded by Councilman Brown that the City ratify the memorandum of understanding as agreed to by the City Employees Association and the City management team for 1974 /75 Motion carried unanimously 3 The City Council continued their study of the 1974/75 City Budget, beginning with Page 26 (Utility Tax) to Page 64 (Utility Tax) Councilman Norris left the meeting at 1 05 P M The City Council continued their review of the 74/75 budget from Page 65 (Revenue Sharing) to Page 84 (Capital Outlay), inclusive 4 On motion of Councilman Gurnee, seconded by Councilman Graham the meeting adjourned at 1 55 P M , to 7 30 P M Monday, June 10, 1974 Motion carried APPROVED August 5, 1974 -12 - FITZPATRICK, CITY CLERK 1 Pledge Roll Call City Staff MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA JUNE 10, 1974 - 7 30 P M COUNCIL CHAMBERS, CITY HALL PRESENT Myron Graham, T Keith Gurnee, Jesse Norris and Mayor Kenneth E Schwartz ABSENT John C Brown PRESENT J H Fitzpatrick, City Clerk, R D Miller, Administrative Officer, David Williamson, Assistant Administrative Officer, E.L Rodgers, Police Chief, A J Shaw, Jr , City Attorney 2 Jim Shari), Assistant Administrative Officer for the County of San Luis Obispo explained to the City Council the proposed animal control program to be conducted by the County of San Luis Obispo starting July 1, 1974 He stated that the County was moving ahead with an animal control program which would include patrol, enforcement, and a neutering clinic He stated that the County program was being prepared with the possibility of contracting with the cities for Joint operation of the shelter and animal control program Also, the County was proposing the possibility of a Joint- powers agreement with the Board of Supervisors being the governing body for all animal control within the County including the cities who are in the agreement The advantage would be that the County would handle the complete animal control program, including the collection of all fees for dog licenses, for redemption and in the neutering program He also felt that the Supervisors were attempting to have the program be self - supporting with only a small amount of funds ultimately to be made up by these participating agencies He stated that the ultimate cost would be determined by a strict cost - accounting system which would require the local agencies to pay only their actual share of animal control by a per - animal unit rather than on a population basis The City Council discussed several points with Mr Sharp and concluded that they were looking forward to the formal presentation of contracts for inclusion of cities within the animal control program 3. The City Council considered a communication from the Promotional Coordinating Committee recommending that the City Council `allocate $150 from Promotional Committee funds to be granted to the Old Fashioned Fourth of July_ celebration in order to help defray the cost of two bands that would be supplied for the celebration, one band for modern dancing and one for senior citizens' dancing On motion of Councilman Graham, seconded by Councilman Norris that the request of the Promotional Coordinating Committee be approved and $150 be granted from Promotional Committee funds Motion carried, all councilmen present voting aye 4. A staff report on the Edna Saddle Site Preparation, bids received May 30, 1974 was continued to the regular Council meeting of June 17, 1974, as -+ the staff report had not been completed 5 R D Miller, Administrative Officer, reported to the City Council that when the bids were opened for construction of the underground utilities in Underground Utility District n7, that there had been approximately a 17 percent increase in the total bill, which meant that the City's share for the fire lines rose from $6,550 to $7,440. Upon discussion with City staff members and representatives of the Pacific Gas and Electric Company, it was felt that the buds were in order, had been properly advertised, and that the City should proceed with the undergrounding City Council MInUTes June 10, 1974 Page 2 On motion of Councilman Graham, seconded by Councilman Norris that the City Council authorize the issuance of a contract and accept the increased cost in the City's share of the project Motion carried 6. Communication from the Housing Authority of the City of San Luis Obispo signed by their Chairman, Lee F Osteyee, notifying the City Council that the amount of $17,482 that the City of San Luis Obispo had agreed to loan the Housing Authority for contract cost connected with the housing units at 2929 Augusta Street due to the increased cost of construction after contract awards may now be needed by the Housing Authority as their attempts in the past nine months in trying to acquire this money through the federal agencies had not been successful The Housing Authority was sorry that they must come back to the City Council asking for the funds, but they promised to continue attempting to receive funds back from the HUD and repay The, City of San Luis Obispo On motion of Mayor Schwartz, seconded by Councilman Graham the following resolution was introduced Resolution No 2611, a resolution increasing the 1973/74 budget (increasing Account 400 13, Utility Tax - Human Relations Program by $17,482, as a grant to the Housing Authority,for a deficit on the Augusta Street units) Passed and adopted on the following roll call vote AYES Mayor Schwartz, Councilmen Graham, Gurnee, and Norris NOES None ABSENT Councilman Brown 7 Communication from the Senior Citizens' Oroanization notifying the City Council of the open house and dedication of the New Senior Citizens' Center at Santa Rosa and Buchon Streets to be held at 1 00 P M on June 15, 1974 The communication was received and filed 8 R D Miller, Administrative Officer, requested Council permission to go to bid to acquire a Police vehicle for the intelligence officer of the Police Department as the grant has now been received from the State agencies and the car can now be purchased He estimated the cost to be $3,600 00 On motion of Councilman Norris, seconded by Councilman Graham the Administrative Officer was authorized to call for bids for one (1) civilian -type Police vehicle Motion carried 9 At this time the City Council again reviewed the Capital Outlay portions of the proposed 1974/75 budget to see which of the C I P items could be rescheduled if necessary in order to acquire sufficient funds to complete the Lower Higuera - Los Osos Valley water system 10 The City Council adjourned to Executive Session 11 The City Council adjourned at 10 30 P M to 12 15 P M Tuesday, June 11, 1974 on motion of Councilman Graham, seconded by Councilman Norris Motion carried APPROVED August 5, 1974i� h FITZPATRICK, CITY CLERK MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA TUESDAY, JUNE 11, 1974 - 12 15 P.M Conference Room, City Hall Pledge ' Roll Call Present Councilmen John C. Brown, Myron J Graham, T. Keith Gurnee, Jesse E. Norris, Mayor Kenneth E Schwartz Absent None City Staff Present J. H Fitzpatrick, City Clerk, R. D. Miller, City Administrator, A. J. Shaw, Jr , City Attorney 1 The City Council continued their study of the proposed 1974/75 City budget A Promotional Coordinating Committee Lachlan MacDonald, Chairman, presented for the Council's consideration the recommendation of the P C C for the fiscal year 1974175, advertising and promotion program for the City He stated that the budget request was based on the guidelines established by the City Council ' 20% of bed tax $36,786 2% of sales tax 25,383 15% of business license 18,792 $80,961 and was broken down as follows 1 Paid Media Advertising $23,500 2 Publications 3,500 3 Promotional Publicity 17,197 4. Events and Programs 34,194 5 Research 500 6. Reserves /Expenses 2,070 $80,961 Councilman Gurnee stated that he was opposed to the general theory of ex- penditures of public funds for advertising and promotion He continued he was opposed to advertising the City to areas distant to San Luis Obispo. He felt that the City tax funds should be expended to better the life of people living within the City and even the County He also felt that the practice of granting funds to various events should be changed and that the City should either purchase tickets to events or buy a membership and give them out to citizens of the City through the Senior Citizens, H R C,, Grass Roots, etc , in order to allow these underprivileged to attend this cultural and entertainment activity He ' also felt that more of the P.0 C funds should be put aside for develop- ment of facilities.such as parks, tennis courts, swimming pools, cultural centers, etc In this way the City would have something to advertise and promote. He also felt that more promotional funds should be expended on research of the effect of tourism on the economy of the City He was also opposed to granting funds to promotion on a percentage basis He City Council Minutes June 11, 1974 Page 2 favored P C C formula No. 5 which allocated more funds to facilities Lachlan MacDonald again reviewed for the City Council the various formulas considered by the Promotional Coordinating Committee Councilman Graham agreed that more P C.0 funds should be put into reserves for construction of facilities Councilman Norris stated that he was in support of the budget proposal as submitted by the P.0 C. which he felt was a good, strong program for the City of San Luis Obispo He concluded by stating that formula No 3 of the Promotional Coordinating Committee was the best for the City and its citizens Councilman Brown agreed that budget proposal No 3 of the P C.0 was a good one and further that the 1974/75 budget proposal of the P C C was well thought out and a good program for the City Mayor Schwartz felt that the 1974/75 P C.0 budget request was a reasonable request and the Committee should move ahead with its program. But he did hope that the P.0 C would in the future move toward formula No 4 so that a part of the promotional funds could be used for enhancement of the community He would support the budget request of the P C C for 1974 /75 Mayor Schwartz felt that he agreed with the suggestion that tickets to entertainment and cultural events supported by City tax funds should be given out to minority groups, the poor, the young and the elderly The City Council thanked Mr MacDonald, Chairman of the Promotional Coordinating Committee, for his presentation and took the budget request for advertising and promotion under consideration B Human Relations Commission Mrs Pat Barlow, Chairperson of the H R.0 , presented the 1974/75 budget request for the Social Services function of the City as follows- Travel and Meetings $ 900 $ 900 Office Expenses Utilities 2,525 Advertising 180 150 Communication Director's Salary 500 Utilities 4,800 250 Rent Travel 1,500 Professional and Contractual Services 11,361 Travel and Expenses 1,050 Grants in Aid Family Services $ 1,500 Hotline 1,200 Grass Roots II 16,340 Middlehouse 6,210 Other 5,000 30,250 $48,486 Mrs Barlow upon question submitted the following budget request for Grass Roots II Office Rent $ 900 Phone 720 Utilities 180 Supplies 180 Insurance 200 Director's Salary 7,800 Clerical Salary 4,800 SS and Unemployment 1,260 Travel 300 $16,340 u fl ii City Council Minutes June 11, 1974 Page 3 She concluded her presentation by stating that the $5,000 was a reserve for other social service requests during the fiscal year, which would be spent only upon approval of the Council Councilman Graham agreed with Mr Gurnee's comments, and he also felt very strongly that office space should be provided in City Hall for H R C. and also adequate office space should be provided for Grass Roots II. Councilman Norris stated that he was generally in support of H R C budget request for 1974/75 for Hotline, Grass Roots II, Family Services, etc. Councilman Brown felt that there seems to be some duplication in the social services field For example, the H R C Coordinator and Grass Roots Director are both reference persons in this area He also felt that there could be duplication with other public social and welfare agencies Orloff Miller, Social Services Coordinator, submitted a lengthy report on the roles and responsibilities of the Human Relations Commission and its Coordinator within the City, its relationship to Grass Roots II Director and staff, and the H.R C coordination with other social service organizations Mayor Schwartz stated that City government must assume its responsibility ' in the social service area, and he felt that the City Council would continue to look to the H.R.C. for advice and guidance an the social service field He suggested that the H.R C budget be rounded out at $48,000, and also that the Middlehouse item be included in the "Other" category. The Mayor, on behalf of the City Council, thanked Mrs Barlow for her budget presentation and then took the H R.0 budget under consideration 3. The City Council adjourned to Executive Session 4 On motion of Councilman Gurnee, seconded by Councilman Graham, the meeting adjourned at 2 30 p m. to 12.15 Friday, June 14, 1974. Approved Auqug t 5, 1974 'R Pitzpatrick City Clerk 1 Councilman Gurnee stated that he felt he could support the H.R C budget request, but felt that some office space should be provided for social services at City Hall. He was opposed to spending City funds to support ' Middlehouse as he felt the funds should come from County Revenue Sharing funds. Councilman Graham agreed with Mr Gurnee's comments, and he also felt very strongly that office space should be provided in City Hall for H R C. and also adequate office space should be provided for Grass Roots II. Councilman Norris stated that he was generally in support of H R C budget request for 1974/75 for Hotline, Grass Roots II, Family Services, etc. Councilman Brown felt that there seems to be some duplication in the social services field For example, the H R C Coordinator and Grass Roots Director are both reference persons in this area He also felt that there could be duplication with other public social and welfare agencies Orloff Miller, Social Services Coordinator, submitted a lengthy report on the roles and responsibilities of the Human Relations Commission and its Coordinator within the City, its relationship to Grass Roots II Director and staff, and the H.R C coordination with other social service organizations Mayor Schwartz stated that City government must assume its responsibility ' in the social service area, and he felt that the City Council would continue to look to the H.R.C. for advice and guidance an the social service field He suggested that the H.R C budget be rounded out at $48,000, and also that the Middlehouse item be included in the "Other" category. The Mayor, on behalf of the City Council, thanked Mrs Barlow for her budget presentation and then took the H R.0 budget under consideration 3. The City Council adjourned to Executive Session 4 On motion of Councilman Gurnee, seconded by Councilman Graham, the meeting adjourned at 2 30 p m. to 12.15 Friday, June 14, 1974. Approved Auqug t 5, 1974 'R Pitzpatrick City Clerk 1 Pledge City Staff MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA JUNE 14, 1974 - 12 15 P M CONFERENCE ROOM, CITY HALL PRESENT John C Brown, Myron Graham, T Keith Gurnee, Jesse Norris and Mayor Kenneth E Schwartz ABSENT None PRESENT J H Fitzpatrick, City Clerk, R D Miller, Administrative Officer, A J Shaw, Jr'; City Attorney 1 R D Miller, Administrative Officer, presented for the Council's consideration the completed memorandum of understanding outlining salary and fringe benefit package with the Firemen's Association, which had been signed that mornino and was agreed to by both the representatives of the City and with the employees representing the Firemen's Association On motion of Councilman Brown, seconded by Councilman Graham that the City Council accept and ratify the memorandum of understanding for 1974/75 between the City of San Luis Obispo and the Firemen's Association Motion carried on the following roll call vote AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES None ABSENT None 2 R D Miller, Administrative Officer, requested Council permission to advertise bids for polyethylene tubing for water mains and also adhesive Tape for Joining polyethylene tubing He explained that the tubing was to be pulled over the pipe being purchased for the Cross -town Feeder, which would add life to the pipe and would help eliminate electrolysis and other damage On motion of Councilman Gurnee, seconded by Councilman Graham the specifications for the polyethylene tubing were approved and the City was authorized to call for bids Motion carried, all ayes 3 R D Miller, Administrative Officer, brought to the Council's attention items discussed during the preliminary budget study, particularly in the Park and Recreation budget, which had not been settled by the City Council ITEM 1 The placement of one picnic table andfour benches to be installed in the Osos Park Triangle, and four picnic tables in Mitchell Park with one barbecue pit at a cost of $954 ITEM 2 The rental of a dumpster for garbage disposal at Santa Rosa Park at an annual cost of $144, and two chemical toilets for Meadow Park until the new buildings can be built at an estimated cost of $890 40 On motion of Councilman Graham, seconded by Councilman Norris that these requests be approved and that the 1974/75 budget be increased by the amounts stated Motion carried City Council Minutes June 14, 1974 Page 2 4 The City Council then continued their discussion of the 1974/75 proposed City budget, particularly in the area of Capital Outlay expenditures in the budget The City Council had previously gone over the budget on a page -by -page basis for each department and now were considering changes in the Capital Improvement Section Councilman Gurnee suggested that the City Council speed -up the improvement of item no 4 in the Capital Outlay Budget, defer items 7 and 11 for this _ year, move item no 26 into this year's budget, and defer the purchase of the ' Laguna Lake Golf Course for this year and attempt to get a one -year lease until the City could have more time to study the proposal Councilman Graham agreed with the speed up of item no 4 He also felt item no 7 should be included, but he felt items i1B and 19 should be deferred for 1974/75 and that item no 26 - Meadow Park buildings - should be included in the 1974/75 budget He also felt that the Rockwell- Laguna Lake Golf Course property should be deferred and that City staff attempt to get a lease for one more year Councilman Norris stated that he was in support of iTem no 7 for this year, oppossed the purchase of the golf course, felt that item no 15B could be deferred for 1974/75 He also hoped that the City Council could move item no 34 - Civic 8 Fine Arts Building - higher in the priority listing Councilman Brown felt that item no 20 could be deferred for 1974/75 and he agreed to the moving of item no 26 - Meadow Park Building - into the 1974/75 budget Mayor Schwartz felt that item nos 17, 7A, 11A, 118, 16, 17, 18, 12, 13, 14, 15A, and 15B should be included in the 74/75 budget, that item nos 6, 7B, 10, 19, 22, and 23 could be deferred for 1974/75, and that item nos 20 and 21 should be included in the 1974/75 budget On motion of Councilman Gurnee, seconded by Councilman Graham that item no 26 - Community Building at Meadow Park - be moved ahead in the Capital Improve- a ment programing between item nos 15 and 16, and that everything below item no 16 be moved back to make room for item no 26 Motion carried on the following roll call vote AYES Councilmen Gurnee, Graham, and Brown NOES Councilman Norris and Mayor Schwartz ABSENT None On motion of Councilman Gurnee, seconded by Councilman Graham that the City Council direct the staff to prepare a comprehensive schedule of the City Hall remodeling and that the report be submitted to the City Council by August 1, 1974 Motion carried, all ayes with Councilman Norris voting no 5 The City Council then discussed the overall personnel levels and staffing of the City departments as presented by the Administrative Officer in the 1974/75 budget It was the general consensus that personnel as requested in the Administrative Officer's budget would give the people of San Luis Obispo a high level of service in the various City departments in operaton Councilman Gurnee disagreed with the consensus stating he felt that additional personnel should be included in the City Attorney's Office either on a full - time or on a contract basis He felt that the City's enforcement program should be included in the legal problems in the office He also felt that a female police officer should be hired by the City, and finally that an additional engineer should be hired in the Building Department to handle plan checking as needed for building plans, grading plans, subdivisions, etc He also felt the CITY Council should have iTS,own secretary to relieve other departments of the extra work load City Council Minutes June 14, 1974 Page 3 After discussion, it was the consensus of the City Council that no additional staffing be made in the City Attorney's Office at this time, but that if the City Attorney felt that additional legal help were needed, he could go to the Council and contract help would be provided It was also felt that prior to adding additional personnel in the Police Department that the request should come through normal channels for additional personnel 6 The City Council then adjourned to Executive Session 7 On motion of Councilman Brown, seconded by Councilman Gurnee the meeting adjourned at 2 15 P M Motion carried APPROVED August 5, 1974 FITZPATRICK, CITY CLERK Pledge _ Roll Call ' PRESENT ABSENT City Staff MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA Monday, June 17, 1974 - 7 00 P M City Hall Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz None PRESENT J H Fitzpatrick, City Clerk, R D Miller, Administrative Officer, A J Shaw, Jr , City Attorney, E L Rodgers, Police Chief, L Schlobohm, Fire Chief, Robert Strong, Planning 8 Building Director, D F Romero, City Engineer --------------------------------------------------------------------------- - - - - -- 1 At this time the City Council had scheduled a public hearing on the adoption of the 1974/75 budget for the City of San Luis Obispo Due to the incompleteness of the budget at this time the matter was continued to 7 30 P M , June 24, 1974 Consent Items C -1 Payment of claims against the City of San Luis Obispo for the month of June, 1974, was authorized subject to approval by the Administrative Officer C -2 The City Council considered an agreement for the City to participate in the California Highway Patrol's Abandoned Vehicle Abatement Program for the period July 1, 1974, through June 30, 1975 It was agreed that the Mayor be authorized to sign the agreement on behalf of the City On motion of Councilman Norris, seconded by Councilman Brown, the following resolution was introduced RESOLUTION NO 2623, A Resolution of the Council of the City of San Luis Obispo authorizing the City to participate in the 1974 -75 Abandoned Vehicle Abatement Program of the State of California Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES None ABSENT None C -3 On motion of Councilman Norris, seconded by Councilman Brown, the following resolution was introduced RESOLUTION NO 2617, A Resolution Adjusting the 1973 -74 Budget Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES None ABSENT None City Council Minutes June 17, 1974 Page 2 C -4 On motion of Councilman Norris, seconded by Councilman Brown, the following Resolution was introduced RESOLUTION NO 2624, A Resolution of the Council of the City of San Luis Obispo revising the City's 1973 -74 Annual Transportation Claim against the Local Transportation Fund of the County of San Luis Obispo Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES None ABSENT None C -5 On motion of Councilman Gurnee, seconded by Councilman Graham, that the City Council reappoint Andrew Jones and Walter Rice as the City's representatives to the advisory group to the Regional Transportation Citizens' Advisory Committee Motion carried, all ayes On motion of Councilman Norris,seconded by Councilman Brown, the following consent items were approved as recommended C -6 The request from Diane Daoust that the City Council enact an ordinance prohibiting the use of electric fences within the City limits was referred to staff for report C -7 The communication from the Central Rehabilitation Clinic notifying the City Council of the need for a special van with a wheelchair liftt to serve handicapped children and adults was referred to the Human Relations Commission for comment C -8 The memorandum requesting sick leave in excess of one week for Johnny Johns was approved C -9 The memorandum from the Water Director requesting six weeks of sick leave for Robert loppini was approved C -10 R D Miller, Administrative Officer, announced the appointment of Gene T Johnson, Senior Engineering Aide at Step 1 or $670 per month, effective June 17, 1974, subject to one -year probationary period TC -1 Recommendation from the Traffic Committee regarding public works and and Police Department on parking in the downtown central business district (5) Require contractors working on construction jobs to pay parking meters The Traffic Committee reviewed the recommendation which was continued from the meeting of June 3, 1974 Councilman Graham suggested that contractors and utility companies buy a parking permit which would allow them to park in metered zones at the curb while actually engaged in contract work Councilman Norris felt the City Council should continue the existing policy of ' allowing contractors and utility companies to park in meter spaces if a work order was placed in the windshield of the service vehicle Councilman Gurnee felt that everyone who parked in a metered space except grand jury and court jury members in the area surrounding the Courthouse should pay for parking privileges R D Miller, Administrative Officer, suggested that the City either sell decals for parking or allow the contractors to pay the parking meters when they parked in the downtown area City Council Minutes June 17, 1974 Page 3 A J Shaw, Jr , City Attorney, stated there were no exemptions from parking meter requirements in the Municipal Code It was his opinion that the City Council should either see to it that the parking regulations were enforced or actually prepare an exemption for the Police Department to follow On motion of Councilman Gurnee, seconded by Councilman Brown, that the City Council accept the recommendation of the Traffic Committee and require that all persons using the downtown parking meter spaces pay for the privilege either by paying the meter or by applying for a parking permit from the City Councilman Norris felt that the contractors should either pay the meter or buy an annual parking permit in the parking district He felt that in Justice this should be worked out before the new regulations went into effect Motion carried, all ayes 2 At this time the City Council held a public hearing on the planned use report for Revenue Sharing Funds received by the City from the Federal Government for the period July 1, 1974 through June 30, 1975 Planned use,., by the City would be for water system improvements, $408,847 OO,plus accrued interest Mayor Schwartz declared the public hearing open No one appeared before the City Council for or against the planned use of funds Mayor Schwartz declared the public hearing closed On motion of Councilman Gurnee, seconded by Councilman Graham, that the City Council approve, the planned use of Revenue Sharing Funds as proposed Motion carried on the following roll call vote AYES Councilmen Brown,-,,Graham, Gurnee, Norris and Mayor Schwartz NOES None ABSENT None 3 At this time the City Council held a public hearing on the request of the Police Officers' Association for Impasse Determination by the City Council on time and one -half for overtime (See Transcript, Court Reporter, dated June 17, 1974 - Exhibit "A ") 4 At this time the City Council held a public hearing on the amended Open Space Plan for the City of San Luis Obispo Robert Strong, Planning Director, submitted for the Council's consideration the amended Open Space Plan and Element of the City's General Plan as prepared by the City Planning Commission, reviewed by the City Council and referred back to the Planning Commission for further hearing and amendment He stated the document before the City Council this evening was the amended copy following public hearings by the Planning Commission Councilman Brown stated he had no comments at this time Councilman Graham stated that he would go along with the Planning Commission recommendation on the amended Open Space Plan He felt that it now met the objections that he had to the original plan Councilman Gurnee stated he reviewed with Mr. Strong the method used by the Planning Commission in arriving at the recommended amended Open Space Plan He did not feel that this plan met the requirements brought before the Council at the last public hearing, and particularly did not feel that the Planning Commission established proper zones for the protection of agricultural land as he had proposed in the recommendations City Council Minutes June 17, 1974 Page 4 Robert Strong, Planning Director, stated that the Planning Commission studied the amended plan on a page -by -page, paragraph -by- paragraph basis and that the amended plan before the City Council was the consensus of the majority of the members on each item Ms Valerie Endres, Planning Commission Chairperson, stated that the Planning Commission by consensus decided that it did not wish to recommend such a strong statement as proposed in the prior plan by Councilman Gurnee, dealing with the protection of farm lands within the community Councilman Norris stated that he was in support of the Planning Commission's revised Open Space Plan and would support the amended plan as submitted Mayor Schwartz stated he was in support of the Planning Commission's amended Open Space Plan, and felt that the goals shown on Page 15 outlined his consideration on agricultural zones Councilman Gurnee stated that he did not share the feelings of his fellow councilmen or their confidence in the Planning Commission's Open Space Plan He felt that the amended plan did not face the issues any better than the original plan had He felt that it was Just the original plan of the Planning Department, rewritten in better prose but was still as ineffective as far as agricultural land protection was concerned He also felt that the plan lacked any imagination and did not protect the land goals within the community He felt the proposals were timid, the input was weak, and the entire plan was stale and of no benefit to the City or to its citizens Councilman Brown stated that he felt the Planning Commission plan was a reasonable approach to a City Open Space Plan He felt that the implementing elements of the plan would come in the precise plans of the City, which would include future planning to protect agricultural land as annexed Councilman Graham agreed with Robert Strong's statement that this was only an interim plan until the consultants, KDG, brought in a new open space plan with all the new considerations for protection of the open space Mayor Schwartz declared the public hearing open -- R Barrows, 770 Meinecke Street, stated he was in support of any open space plan which could meet the desires of the Planning Commission and the citizens of the CiTy Kathy Scala, Pismo Street, felt that in listening to the Council discussion, she felt the plan needed some more study by Councilmen and staff Mayor Schwartz declared the public hearing closed On motion of Councilman Graham, seconded by Councilman Brown, the following Resolution was introduced RESOLUTION NO 2618, A Resolution of the Council of the City of San Luis Obispo adopting an pen Space Plan for the City's General Plan Passed and adopted on the following roll call voTe AYES Councilmen Brown, Graham, Norris and Mayor Schwartz NOES Councilman Gurnee ABSENT None , 5 At this time the City Council considered the final passage of ORDINANCE NO 616, An Ordinance amending the official zone map of the City,of San Luis Obispo (rezoning area bounded by High, South, and Higuera Streets from M to C -H) Mayor Schwartz declared the public hearing open No.one appeared before the City Council for or against the ordinance Mayor Schwartz declared the public hearing closed City Council Minutes June 17, 1974 Page 5 On motion of Councilman Gurnee, seconded by Councilman Graham, the ordinance was introduced for final passage on the following roll call vote AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES None ABSENT None 6 At this time the City Council considered the final passage of ORDINANCE NO 617, An Ordinance of the City of San Luis Obispo amending the Municipal Code and the City's ordinance for the regulation of contributions and expenditures in Municipal Elections by deleting the provisions concerning solicitation agents and changing the day for publication of campaign statements or Schwartz declared the public hearing open No one appeared before the City Council for or against amending the ordinance Mayor Schwartz declared the public hearing closed Councilman Brown stated he was still opposed to the adoption of this ordinance He felt it was unnecessary and was an attempt to take many potential candidates out of contention for City office He was opposed as he felt this represented over - control On motion of Councilman Gurnee, seconded by Councilman Graham, the ordinance was introduced for final passageoon the following roll call vote F' AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES None ABSENT None 7 D F Romero, City Engineer, submitted a report on behalf of the staff dealing with the dumping of debris on the storage yard operated by the City adjacent to the Scala property on Pismo Street The City Engineer reported that the Public Works Department had installed a "No-Dumping" sign on the property and had cleaned up the dump site He continued that the City was now looking for a different location to deposit street sweepings Meanwhile, they had relocated the dump site for the street sweeper to the property further to the south near the Water Department rear gate and beyond the Scala property He concluded that the City staff would continue to exercise special care in seeing that all City operations were kept as neat as possible The report was ordered received and filed 8 Communication from theFFire'Chief recommending that Fire Zone II be extended to incdwde the block bounded by Monterey, California Blvd , Palm Street and the Southern Pacific Railroad right -of -way ' The Fire Chief stated that in order for improvements to be made in this block by the property owners, Karleskint -Crum, that the Fire Zone change would have to be made in order to provide the proper material for construction On motion of Councilman Graham, seconded by Councilman Brown, the following ordinance was introduced ORDINANCE NO 620, An Ordinance of the City of San Luis Obispo revising and amending the Fire Zone Map Passed to print on the following roll call vote AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES None ABSENT None City Council Minutes June 17, 1974 Page 6 9 The City Council again reviewed the staff report on the Edna Saddle Reservoir Site Preparation bids which had been received May 30, 1974 This consideration was continued from the Council meeting of June 10, 1974 See Exhibit "B" R A Paul, Water Department Director, recommended that the City Council defer action on awarding the bids or rejecting the bids, and allow the staff to c contact the low bidder, Madonna Construction Company to see if some adjustment in price could be made on the various items of the bid R D Miller, Administrative Officer, reported to the City Council that he had heard of a number of complaints from contractors who had been prepared to bid on the project, but they said that due to poor preparation of the specifications and the fact that addendums were going out up until the last week, they felt they were unable to bid adequately On motion of Councilman Gurnee, seconded by Councilman Brown, that the matter be continued to the June 24, 1974, meeting and authorize the staff to negotiate with Mr Madonna for adjustments in his minimum bid Motion carried unanimously 10 Proposed consideration byrthe City Council of a contract or agreement with the County for animal control services for the fiscal year 1974/75 was continued to the June 24, 1974 meeting as the County Administrative staff had not yet prepared the necessary contract documents 11 At this time the City Council considered a request from Rita O'Sullivan that the City Council guarantee a loan at the San Luis National Bank which is being sought by Mrs O'Sullivan for the initiation of an educational day -care program for elementary school age children of working mothers in the City of San Luis Obispo She stated that payment would be made by the Welfare Department to the mothers of children who would be attending the Center, but that due to the payment schedule of the Welfare Department, these payments would not be received for a period of four to six weeks Therefore, the Center had applied for a loan to continue and to start their operation for this period The bank was willing to grant the loan to Mrs O'Sullivan if the City would be willing to guarantee such a loan by underwriting any loss or non - payment and-,the City taxpayers would pick up the difference Mrs O'Sullivan stated that the Center had been working closely and received moral support from the Employment Development Department and Council, the County Welfare Department, the County Schools Office, Headstart, the Career Opportunity Development Office, and the Human Relations Commission She also stated that all the people in the community with whom she had spoken had emphasized the need for this type of program in the community, not only this summer, but during the school year She stated that with the hopes the Center would become a model for continuing programs in the fall, that they had been working towards this program to provide comprehensive day care for elementary school age children of working parents She concluded her apoeal by stating that the Center was licensed by the State Department of Social Welfare as a day care center They were a division of the MandalaSSchool, Inc , a non - profit corporation, and for this summer, they would be located at 761 Broad Street, San Luis Obispo She urged the City Council to guarantee the loan A J Shaw, Jr , City Attorney, stated that he had gone over this matter with ' the applicant, and stated he felt the City Council could probably find that both a public purpose and a municipal purpose would be served by the operation of a day care center by a pr,uvate person, and therefore, the approach of getting a loan from the bank which was guaranteed by the City might be a more legal way to go He concluded that it would be his recommendation that in connection with any arrangement, that a detailed agreement be prepared setting forth the proposed salaries of all persons involved in the operation of the program, the expected expenses, and providing guarantees from the Welfare Department as to the continued inspection and control of the program and payment of funds therefor, and also that the City be protected from any tort liability in connection with the operation of this program BIDS RECEIVED FOR EDNA SADDLE RESERVOIR SITE PREPARATION, CITY PLAN W 73 -8 Bids open May 30, 1974 COMBINATION DESIGNATED ALTERNATE I BID TOTAL ALTERNATE I & II - COMMON ITEMS BID TOTAL ALTERNATE I ITEMS BID TOTAL ALTERNATE I & II - COMMON ITEMS PLUS ALTERNATE I ITEMS COMBINATION DESIGNATED ALTERNATE BID TOTAL ALTERNATE I & II - COMMON ITEMS BID TOTAL ALTERNATE II ITEMS BID TOTAL ALTERNATE I & II - COMMON ITEMS PLUS ALTERNATE II ITEMS Engineer's Est Madonna Burke $228,128 50 $365,730 00 $349,145 00 250,806 00 333,075 00 375,775 00 478,934 50 698,805 00 724,920 00 228,128 50 365,730 00 349,145 00 268,489 40 360,984 00 373,294 00 496,617 90 726,714 00 722,439 00 E X H I B I T I' B„ City Council Minutes June 17, 1974 City Council Minutes June 17, 1974 Page 7 Mrs Pat Barlow, Chairwoman of the Human Relations Commission, stated that the Human Relations Commission whole- hearterly supported the child care center as proposed by Mrs O'Sullivan, and Mrs Barlow urged the City Council to guarantee the funds if the operation did not pay for itself She urged the City Council to support the request of Mrs O'Sullivan with a Council guarantee On motion of Councilman Gurnee, seconded by Councilman Graham, the following resolution was introduced RESOLUTION NO 2619, A Resolution of the Council of the City of San Luis Obispo guaranteeing payment by City of losses incurred by Children's Center in operating summer day care program for A F D C children Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES None ABSENT None 12 Memorandum from the City Attorney urging Council support of Senate Constitutional Amendment 52, regarding "quasiRjudicial" decisions by local agencies The purpose of the amendment was to overrule the Strumsky decision by the California Supreme Court earlier this year which placed a much greater burden upon local administrative agencies concerning the standard of Judicial review of "quasi Judicial" decisions by the local agencies where a "fundamental vested right" was involved He felt that the decision of the court was nothing more than a further erosionjof the powers of a municipal corporation to control municipal affairs On motion of Councilman Gurnee, seconded by Councilman Brown, the following resolution was introduced RESOLUTION NO 2620, A Resolution of the Council of the City of San Luis Obispo urging the State Legislature to approve SCA 52 to restore the substantial evidence test forl'Local Agency decisions Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES None ABSENT None 13A Communication from the Mass Transportation Committee requesting Council action on the following items (1) The Committee requested the City to continue the contract bus operation for a total of two years, and that the City provide sufficient funds in the budget for this length�of study (2) The Committee indicated that it wished to make minor changes in scheduling, hours, stops and promotion, without the delays inherent in having each action approved by the City Council To accomplish this, the Committee proposed that the minutes of the Committee be sent to the Councilmen individually and that if there were no objections received within ten (10) days, the changes could be made at the discretion of the Committee The City Council discussed the two requests of the Mass Transportation Committee and on motion of Mayor Schwartz, seconded by Councilman Graham, that the City Council continue the present plan of funding the bus system on a one -year basis - only, with an analysis by the Committee and City Council after three quarters of the contract year had passed Motion carried, all ayes On motion of Councilman Norris, seconded by Councilman Brown, that the City Council reject the request of the Mass Transportation Committee and continue the present policy of forwarding items to the City Council for consideration Motion carried with Mayor Schwartz voting no City Council Minutes June 17, 1974 Page 8 (3) The Mass Transportation had a third request which was to change to a two bus operation between the hours of 10 00 A M and 5 00 P M on Sundays, effective September 15 and to add Memorial Day and Labor Day as official holidays, with the printing of the next schedule which would be in mid- September On motion of Councilman Norris, seconded by Councilman Graham, that the City Council approve the request for two buses on Sunday and the designation of the two holidays on the next schedule Motion carried 13B . Memorandum from the Mass Transportation Committee regarding preparation and administration of a questionnaire on bus service The Public Transportation System Questionnaire, which would be distributed to a representative sample of homes throughout the community would provide basic information for use by the Mass Transportation Committee in improving the level of bus service and would provide useful information in considering the proposals to be made by the consultant preparing the transportation study for the County The Committee recommended that the questionnaire be distributed in the fall, that the computer work and representative sample would be selected by Cal Poly students working under the direction of Mr Jones, but that the actual printing, distribution and collection of information would be made at City expense and by City personnel The analysis of the results would be conducted by Mr Jones' class in transportatmon at Cal Poly It was estimated that the total City cost for the survey would be less than $1,000 00 The matter was continued to the Council meeting of July 8, 1974, for a Joint meeting with representatives of the Mass Transportation Committee 14 Robert Strong, Planning Director, submitted a proposal to the City Council for a complete aerial survey of the planning area, a part of the General Plan revision program, including 200 scale line -topo or orthophoto- contour maps showing existing buildings, topography and vegetation Based on preliminary estimates on May 20, 1974, Mr Strong requested that the Council allocate at least $13,500 00 in anticipation of the City contracting for such aerial photo and mapping service He reported that he had received proposals from three firms Pacific Western Aerial Surveys - estimated cost, $19,610 00 Pugh -Nolte 8 Associates - estimated cost, $19,300 00, or an alternate, $11,800 00 Mark Hurd - estimated cost, $17,700 00 It was his recommendation that the least expensive proposal by Pugh -Nolte be accepted by the Council and that the Mayor be authorized to execute a contract for the alternate estimated at $11,800 00 On motion of Councilman Gurnee, seconded by Councilman Brown, the following Resolution was introduced RESOLUTION NO 2628, A Resolution of the Council of the City of San Luis Obispo accepting a proposal for aerial photography and related photogrammetry from Pugh -Nolte 8 Associates Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES None ABSENT None City Council Minutes June 17, 1974 Page 9 15 Robert Strong, Planning Director, submitted a proposal to the City Council for supplemental staff and special consultants for the General Plan Revisions of the City of San Luis Obispo He stated that the General Plan revision program involves $11,500 00 supplementary budget for special services related to the primary consultant study The supplementary budget included Retention of Meyer, Merriam 8 Associates, a local planning consultant firm familiar with the program and the community, to provide assistance to City staff for special studies and data collection, allocating $4,000 00 for such services He presented for the Council's consideration a letter agreement from Meyer, Merriam 8 Associates, allocating the $4,000 00 for special consultant studies as considered necessary and authorized by the Planning Director, with a further stipulation that no single project would expend more than $500 00 without further Council approval The compensation to be based on actual time and expenses in accordance with the consultant's normal billing rate On motion of Councilman Gurnee, seconded by Councilman Brown, that the City accept the recommendation of Robert Strong and authorize the letter agreement with Meyer, Merriam 3 Associates with a maximum expenditure total of $4,000 00 Motion carried, all ayes Councilman John Brown left the meeting due to a possible conflict of interest on the next item 16• Memorandum from the City Engineer notifying the City Council that over the past several years, the City had expended a considerable amount of effort in inspecting the installation of underground utilities in the downtown area ' in order to assure the rights and conveniences of the public were protected He stated that the City had been unable to charge its time against the utility companies and had absorbed these costs within the various engineering budgets He concluded that since the undergrounding of utilities would continue to be a major effort within the community for many years to come, he would like to suggest a modification of the City ordinance which would permit the City to assess a two percent (2 %) inspection fee against utility companies whose work required the services of a City inspector On motion of Councilman Gurnee, seconded by Councilman Graham, the following ordinance was introduced ORDINANCE NO 618, An Ordinance requiring payment of inspection and traffic control costs in connection with certain underground utility projects Passed to print on the following roll call vote AYES Councrlm6n- Graham, Gurnee, Norris and Mayor Schwartz NOES None ABSENT Councilman Brown 17 Communication from the California Association of the Physically Handi- capped (San.Luus Obispo Chapter)requesting that the City undertake a survey of public facilities and undertake the complete removal of all barriers to the physically handicapped Mr Baldwin, C.A P H , supported the request, and submitted a list of goals and objectives of his organization to allow the physically handicapped to move about the City He also asked that the City Council finance the purchase of a special bus developed for the handling of handicapped people, at an approximate cost of $30,000 00 Councilman John Brown returned to the City Council Chambers and took his place at the Council table 17 Communication from the California Association of the Physically Handi- capped (San.Luus Obispo Chapter)requesting that the City undertake a survey of public facilities and undertake the complete removal of all barriers to the physically handicapped Mr Baldwin, C.A P H , supported the request, and submitted a list of goals and objectives of his organization to allow the physically handicapped to move about the City He also asked that the City Council finance the purchase of a special bus developed for the handling of handicapped people, at an approximate cost of $30,000 00 City Council Minutes June 17, 1974 Page 10 Bob Bonds, representing the Disabledand Handicapped Students at Cal Poly, urged the City Council to proceed with ways and means to remove architectural barriers to the handicapped within the City of San Luis Obispo Mrs Wagner also spoke on behalf of the request of C A P H to eliminate physical barriers to the handicapped residents of the community On motioncof Councilman Gurnee, seconded by Councilman Graham, the following Resolution was introduced RESOLUTION NO 2622, A Resolution of the Council of the City of San Luis Obispo authorizing a survey of public facilities to determine barriers to the physically handicapped Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES None ABSENT None 18 1 William Flory, Director of Parks 8 Recreation, submitted for the Council's consideration Contract Change Order No 3, Karleskint -Crum, Inc , for Meadow Park, Phase III, an increase of $691 75 The Change Order was to consist of work at the shuffle board court adding header board, top soil and grade, revise irrigation system at entry to bridge to function properly, finish grade flat area in right field of ball field and remove debris, and labor to add 16 turnbuckles on shelters and boom truck to hold, a total of $691 75 On motion of Councilman Gurnee, seconded by Mayor Schwartz, Change Order No 3 to Meadow Park, Phase III, was approved Motion carried The City Council adjourned to Executive Session On motion of Councilman Brown, seconded by Councilman Graham, the meeting adjourned to 7 30 P M , June 24, 1974 Motion carried APPROVED September 16, 1974 J H ritzpatrick, City Clerk MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA JUNE 20, 1974 - 12 15 P M CONFERENCE ROOM, CITY HALL Pledge Roll Call PRESENT John C Brown, Myron Graham, T Keith Gurnee, Jesse Norris and Mayor Kenneth E Schwartz ABSENT None City Staff PRESENT J H Fitzpatrick, City Clerk, R D Miller, Administrative Officer, A J Shaw, Jr , City Attorney, E L Rodgers, Police Chief --------------------------------------------------------------------- - - - - -- - - -- 1 The City Council continued their review of the 1974/75 budoet, which has been under discussion and study by the City Council for the past several weeks R D Miller, Administrative Officer, suggested that the City Council authorize • cost -of- living increase of 8 6 percent to the City Police Department until • memorandum of agreement was signed on behalf of the Police Officers' Associ- ation He made this recommendation realizing that the Police Officers' Association were still meeting and conferring on a wage and fringe benefit package, but he felt that in view of the cost of living that the families of the officers should not suffer and should receive some adjustment for the cost of living He felt if a further increase was negotiated, then the budgets ' could be adjusted at that time On motion of Councilman Gurnee, seconded by Councilman Graham that the City Council authorize an 8 6 percent cost -of- living increase effective July 1, 1974 to the sworn members of the Police Department with further increase in benefits to be considered after signing of a memorandum of agreement by the Police Officers' Association Motion carried R D Miller, Administrative Officer, briefly reviewed the status of the proposed animal control program which was being proposed to be operated by the County of San Luis Obispo, but it had not been submitted for consideration to the cities in detail Generally, it was a program to be operated by the County with County personnel with some cooperation with Wood's Animal Shelter using their facility on Edna Road The matter, of the animal control was continued until more informa- tion was received from the County R D Miller, Administrative Officer, then reviewed for the City Council the various budget items still not resolved by the City Council in their study sessions Councilman Norris stated that he was opposed to some of the budgeted items in the Whale Rock Budget where funds were set aside for legal fees and for patrolling and for the control of fishing at the reservoir He felt that if these legal and patrolling fees would be used to implement a fishing program, then the money ' would be well spent as a program of this type was promised to the people when the dam was built by the City and the State agencies Mayor Schwartz stated he felt that the funds in the Whale Rock Budget were not there to prevent fishing, but were to protect the purity of the water for the City of San Luis Obispo and their partners, the Men's Colony and Cal Poly, so that no one could pollute the water by trespassing on the property He further stated that the City Council and the Whale Rock Commission had authorized a City Council Minutes June 20, 1974 Page 2 fishing program at Whale Rock Dam subject to Protection of the purity of the water, and 2 No additional cost being assumed by the water users or by the owners of the project Councilman Gurnee stated that he agreed wiTh the Mayor's statement and further expanded that he did not feel that the City water users and tax payers should pay for recreation on a potentially regional recreation fishing program at Whale Rock Reservoir He felt this was a responsibility of the County and not of the City The City Council again discussed the hiring of an additional attorney as an Assistant to Mr Shaw, but that it was the consensus that no Deputy Attorney be hired at this time The City Attorney was authorized to retain private associate counsel whenever he felt it was necessary to move along with City programs-, Further, the City Administrative Officer was asked that in the remodeling of the City Hall that additional space be planned and allocated for additions to the legal staff The Citv Council then reviewed the City Pay Plan and adjustments to be made on July 1, 1974 for inclusion in the 74/75 City Budget adjustments brought about through the meet- and - confer process and with the memorandums of under- standing presently signed with two of the employee organizations R D Miller, Administrative Officer, also reviewed for the City Council his proposal for executive salaries for the department heads and sub - department heads to the various City operations On motion of Mayor Schwartz, seconded by Councilman Brown that the City Council accept the Administrative Officer's recommendations for executive salaries for the department heads and sub - department heads, with an extra half step for the Assistant Director of Park and Recreation, and that they also be effective July 1, 1974 2 The City Council then adjourned to Executive Session with no staff members present On motion of Councilman Norris, seconded by Councilman Graham the meeting adjourned at 2 30 P M to 7 30 P M Monday, June 24, 1974 Motion carried APPROVED A Z ugust 5, 1974 ' N Fil- ZPATRICK, CITY CLERK I Pledge Roll Call Present MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA Monday, June 24, 1974 - 7 30 p m r Council Chambers; City Hall' ,- k a John C Brown, Myron Graham, T Keith Gurnee, Jesse Norris, and Kenneth E Schwartz Absent None City Staff Present J H. Fitzpatrick, City Clerk; William Flory, Park & Recreation e. Dlrector,,,R D. Miller, Administrative.Officer, E. L Rodgers, Chief of Police, A J. Shaw, Jr , City Attorney, Robert Strong, Planning Director 1 At this time the City Council held a public hearing on the adoption of the proposed 1974/75 City budget. Said public hearing continued from the June 17, 1974 meeting. Mayor Schwartz reviewed for the public the budget process to date, preparation of the budget by the City,-,staff,;,Administrative,Officer and department heads' presentation to the City Council and the many,-many meetings held by the City Council in study of the proposed budget on a page -by -page basis. R. D. Miller, Administrative,Officer, submitted_a very brief overview of the accomplishments,of the - 1974/75 budget, reviewed the changes made by the City Council from the original budget, and stated that the total budget for 1974/75 as approvedi.by,the City Council totaled,$8,734,000 tfayor Schwartz declared the public hearing open No one appeared before the City Council for or against the proposed budget Mayor Schwartz declared-the public hearing closed. Councilman Gurnee stated that -he felt -the , proposed.1974 /75 budget -in general was a good one for the City and felt that -many pressing needs would be accomplished through the budget for the good of the citizens of San Luis Obispo He stated that he was quite happy with funds that were set aside for the Planning Commission, for the studies -of the Planning Department and the consulting contracts, the amount of money allocated to the Human Rela- tions Commission for social service programs, most pleased with the amount of funds being put aside for modernizing the bookkeeping system and placing it on automatic data processing.t! He was also pleased with the- bus - system and the water improvements, although he did question some of-the Council's priorities in the Capital Improvement Program He felt that in general a good budget was arrived at by consensus He stated that he was still strongly opposed to the amount of money being spent by the promotional and advertising budget as he did not feel -that the City hadistudied then -cost of out -of -town promotion advertising He felt that the amount of money in.out -of -town advertising was too high and that, based on the present formula, continued to go up asytz -6aoziically He felt that, without a -cost benefit study of- out -of -town advertising, less money-should be spent oncthis� program He also urged that the-City Council take,the - following action City Council Minutes June 24, 1974 Page 2 1) Approve a proposal to amend the City Charter by adding Section 27 to the Charter, that no expendi- ture of City funds for City promotional purposes would be made without a vote of the people, and he asked that this be prepared for vote by the people in the 1974 November election 2) He felt that the City tax rate should be reduced so that no additional funds would be raised due to the new 1974 increased assessed valuations. He felt that the City should only receive from property taxes what was planned for in the budget and should not take advantage of the recent increase in County assessed valuations. He also felt that the City tax rate should be reduced by Live cents, which was the streambed portion of the tax rate for the Zone 9 recently voted by the people on Measure B He urged his fellow councilmen to place the matter of the advertising expenditures on the November election, in order that the people of San Luis Obispo could be heard relative to this program Councilman Norris stated that he was in support of the budget as proposed by the Administrative Officer and amended by the City Council during the recent lengthy Council study sessions He stated that he would support the budget as amended by the City Council., although he felt there were several items in the budget that he disapproved of, he felt that the Council had worked it out on a democratic basis and that he would go along with the majority of the Council He then reviewed the Capital Outlay budget that he could support strongly, but that he was not too pleased with the allocation of public funds in the Capital Improvement Budget to purchase the Foothill Saddle, Mount Bishop, Laguna Lake Park Development and the Cerros. He felt that there were greater needs in the community, for example, a civic auditorium which would be used and needed by more people than the Laguna Lake Golf Course presently under considera- tion for purchase He concluded that he would rather see the City Council take care of what the City now owned in the park area than buy more park land without any funds for construction, upkeep or development He was opposed to the reduction of the tax rate due to the extreme expenditures faced by the City Council in the water area afore in�the next fiscal year. Councilman Brown stated that he was in support of the budget as developed by the City Council in a number of budget sessions He also felt that Capital Improvement Item No. 15 5 moved up by the City Council, the Meadow Park Community Building, was much better than the Golf Course as far as he was concerned. He stated that he was opposed to the Charter amendment on promotion advertising and he felt it could be left to the initiative process He felt the promotional advertising program was needed by the City and he too was opposed to a cut in the tax rate at this time due to the large water expenditures anticipated in 1974/75 and the inflation that had hit these construction costs, although he could support action-by the City Council to reduce the tax rate in proportion to the increase assessed valuation Councilman Graham felt the City Council had arrived at a spending program over a number of weeks in arriving at the 1974/75 budget He felt that it was an adequate program for the City and that most of the objects needed doing at this time He also felt that the Council had programmed an adequate Capital Outlay program and felt that in the face of large Capital Outlay expenditures he did not feel that the City Council should consider reducing the tax rate at this time He stated that he supported City Council Minutes June 24, 1974 Page 3 the promotional advertising budget and also the large increase in the social services area. He would support purchase of the saddle and the Cerros, but he did ask the City Council to consider placing some funds in a reserve for the civic auditorium construction, whether it be at Cuesta College or in downtown San Luis Obispo. He felt a start should be made on this project Mayor Schwartz also felt that the budget being proposed and presented to the public was a good budget for the City He felt-the budget would give a continued improvement to City services for the citizens of San Luis Obispo He felt that the overall improvements to City facilities would be the best in the last few years. He again reviewed the expected high water expenditures in the 1974/75 fiscal year to alleviate the moratorium in the Laguna Lake -Los Osos Valley area He also felt that the City Council had presented a good salary and fringe benefit package for the employees of San Luis Obispo and also was supportive of the large amount of funds being set aside for planning studies Mayor Schwartz continued that the overall Capital Outlay program would bring many needed improve- ments to City facilities, but he disagreed with the proposal to reduce the City tax rate in proportion to the tax rate for Zone 9 as he felt the City would be still spending funds on flood control items within the City which would not be affected by anything that Zone 9 would accomplish He also disagreed with the proposal regarding the promotion advertising budget as he did not feel that anyone had ever appeared before'the City Council objecting to promoting and advertising the City of San Luis Obispo He stated he would support the final budget as approved by the City Council Councilman Gurnee again discussed his proposal to reduce the City tax rate in proportion to the increased assessed valuation and also in proportion to the Zone 9 increase, particularly for streambed clearance He stated that if the City Council did not approve the change in the charter regarding the promotional advertising expenditures, he would get an ini- tiative from the voters and have it presented to them for approval Councilman Gurnee stated that he would make a motion to adopt the 1974/75 budget as prepared by.the City Council if the City Council would agree to the following 1) Approve a charter amendment regarding the promotional advertising aspects of the budget, 2) Adopt a resolution to lower the rate of the City tax in the same proportion as the increased assessed evaluation, and _3), Reduce the City tax rate by five cents, the proportion of the rate increase for Zone 9 attributable to stream - bed maintenance No second on Councilman Gurnee's motion On-motion of Councilman Norris, seconded by Councilman Graham, that the 1974/75 budget be approved as prepared by the City Council subject to the addition of $10,000 reserve fund for civic auditorium development Motion lost on the following roll call vote AYES Councilmen Norris and Graham NOES Councilmen Brown, Gurnee and Mayor Schwartz ABSENT None On motion of Mayor Schwartz, seconded by Councilman Graham, that the City Council adopt the 1974/75 budget as amended by the City Council. Motion carried on the following roll call vote City Council Minutes June 24, 1974 Page 4 AYES Councilmen Brown, Graham, Norris and Mayor Schwartz NOES Councilman Gurnee ABSENT. None On motion of Councilman Brown, seconded by Councilman Gurnee, the following ' resolution was introduced RESOLUTION NO. 2627, a Resolution Tabulating Equipment Replacement Appropriations for the Fiscal Year 1974/75 and Total Accumulations for Each Piece of Equipment Passed and adopted on the following roll call vote AYES Councilmen Brown, Gurnee, Graham, Norris and Mayor Schwartz NOES None ABSENT None On motion of Councilman Gurnee, seconded by Councilman Brown, the following resolution was introduced RESOLUTION 2625, a Resolution Authorizing Deposit of City Funds for Fiscal Year 1974/75-with United California Bank Passed and adopted on the following roll call vote AYES Councilmen Brown, Gurnee, Graham, Norris and Mayor Schwartz NOES None ABSENT None 2 R D. Miller, Administrative Officer, presented a communication from the County of San Luis Obispo stating that the proposed animal control contract or agreement for the County to take over the animal control in the County and City of San Luis Obispo was not ready and the program would not be ready for at least two months and suggesting that the City Council of the City of San Luis Obispo contract with Wood's Animal Shelter on a month - to-month basis for a period of time so that some animal control would be available to the people of San Luis Obispo The County stated that the Humare Society's representatives reacted favorably to the request for extension if -the Cities would each make such a request. As soon as the County's program is ready for presentation to the various City Councils, the County would come forward with such a program On motion of Councilman Gurnee, Aseco` nded by Councilman Brown, the City Administrative Officer was authorized to ask for an extension of the contract with Wood's Animal Shelter for a two -month period of 1974. Motion carried, all ayes, no noes, none absent. 3 At this time the City Council considered a staff report on the Edna Saddle Reservoir Site Preparation, bids received May 30, 1974. The matter continued from the June 10 and 17, 1974 Council meetings Mr Wayne Peterson, Assistant Director of Public Works, reviewed for the City Council communication from Penfield and Smith, Water Consultants for the City of San Luis Obispo for the Edna Saddle Site Preparation Program, which stated that they had met with the low bidder, Madonna Construction Company, in an attempt to Lvaew and'reduce, if possible, various elements of the bid submitted by Madonna Construction Company. After meeting with A. Madonna, it was the impression of the consultants City Council Minutes June 24, 1974 Page 5 and City staff that Mr ,Madonna,was unwilling to lower his contract prices It was -the opinion of the staff and consultants that the Madonna Construction Company and the Burke Construction Company bids were significantly higher than the value of the work to be constructed and coupled with Mr ,Madonna's unwillingness to substantially lower his contract prices, they recommended that all bids on this project be rejected and that new bids be solicited as soon as possible Further, their opinion that the rebid should be of, a slightly modified project at the same time that the bid for the Los Osos Valley Old Town Pipeline Project was being bid, which might significantly bring in more out -of -town bidders on the project. They also suggested that a significant modification of the project would be a provision for the - City to secure an off -site disposalrarea near the,tank -fob site for placing of theisurplus,and unsuitable,earth and rock It was also felt that the deletion_ofithe,City requested Alternate,2 screening .. embankment would simplify the project in-the bidders' eyes., The staff felt that the City Council should re- examine the need for the earth and screening embankment or for an alternate a much smaller combined earth and topsoil landscaped embankment as a partial attempt to cover the tank and hide it from view 1 , , _ , The City staff.reviewed with the Council various alternatives showing pictures of what could be done in attempting to get the price down on the site preparation plan _ R A Paul, Water Department Director, stated that if they could proceed as rapidly as possible,with new bids, that he felt the - November; 1974 -,idate which would raise,the moratorium„ could still be.met_andithat the.final construction could be completed by March 1, 1975, all construction limitations could,be limited following the November lifting- of- the_moratorium The matter of.Item 3-was-continued to,special study session to be held on Friday, June 28, 1974 1 , 4 The City Clerk reported that the City received one bid for a 1974 Hardtop automotible for the Police Department from Stanley Motors for $3,584.08. R D Miller, Administrative Officer, explained that most of the companies could not bid due to the fact that the factories were going-out of production_for: the 1975- models and recommended that the onlv bid of_- Stanlev Motors be accepted ' On motion of Councilman Norris, seconded by Councilman Graham, that the City accept the bid of Stanley Motor Company for,$3,584 08 ,Motion carried. , . Y 5. The City Clerk reported that bids were to be opened for supplying polyethylene tubing for water mains and adhesive tape for joining the-tubing %at, =y3 00 p m on Monday, June 24, 1974, and that no_bids- were,received ,W R iD.-Miller,_Administrative Officer,- explained,that subsequent to the time for opening bids an additional company, U.S. Pipe and Foundry, called and stated that they had been confused as to the time when the bids.were supposed to beiin- and- felt that, they could meet the City specifications. - Afteridiscussion by,the City Council, on motion of Councilman Brown, seconded by Councilman Graham, that the Administrative Officer be authorized to get,quotes for,.the,polyethylene and the tape from U.S. Pipe and Foundy and place the order if comparable to estimate Motion carried City Council Minutes June 24, 1974 Page 6 ' ' 6 Communication from S..L Culwell, District Manager for Pacific Gas and 'Electric -Company,..requesting continuation by the.City Council of an amendment to the underground utility ordinance which would permit the City -to assess a two per cent inspection fee against utility companies whose work required services of a City inspector The City Clerk - also - submitted atletter - from L. A) Balatti,_ Manager a_ of Pacific Telephone Company, asking for the same consideration that the City Council-take no action on this.modification -until the utility companies had an opportunity-see the ordinance or resolution being con- sidered by- the - City - Council. _ On motion of•Councilman Gurnee,tseconded by Councilman-Graham, that the consideration of this modification to the underground utility ordinance be continued to July 15, 1974, and,that the utility companies be.given copies of the proposed ordinance. Motion carried, John Brown abstained due to possible conflict ofrinterest _- 4 _ I I 7. Councilman Gurnee submittedra letter to the City Council re- garding a substantial amount of oil flowing through his and adjacent properties of Old Garden Creek at -Broad and Murray Streets _ Helstated upon investigation that expended cans of fresh oil were thrown down into a pipe culvert in the Tropicana Village parking lot on Broad Street. -He continued that this was the.second disturbing pollution - incident in this area in the last few months and that he had attempted over the months through various agencies, the Regional Water Quality Control Board, the Fish and Game Commission, the City of San Luis Obispo, to. try and -have this - practice -of dumping_o3_1 in the storm',drains which ultimately got into-the creeks causing not only damage,in the creek-but also to wildlife that use the creek as their home - He did not feel _ I that the citizens of the area could tolerate the situation any further, and he hoped that the City Council agreed and would come up with a procedure to assure that future spills from Tropicana or-other areas did not again happen within the City He recommended that the City Council take the following action -1) Bring public nuisance abatement procedures against the Tropicana Village complex 2) Direct the City staff to review the Tropicana Village conditional use -permit and to otherwise find a way to require that automotive repairs be banned on the property. 3) Require that any future -oil spills -that could be traced to an individual polluter be cleaned at the expense of the polluter, and prosecute the polluter via the Department of Fish and Game and the City Police Department. 4) Require that publictnuisance abatement procedures be brought against the owner of any property where pollution originated as long as the property was developed to a densi- ty greater than single family and the individual polluter - _was•unknown, and require that the slick be cleaned_up at the expense of the property owner 1 -5) Direct the City Attorney to prepare an ordinance requiring all establishments involved -in the retail sale of,oil and similar petroleum products to provide large drums or•other waste receptacles for the,disposal of used oil. r .t City Council Minutes June 24, 1974 Page 7 He urged the City Council to take some action. He then proceeded to show color slides and color pictures of the results of the last two oil spills in this little area of Old Garden Creek A J Shaw, City Attorney, informed the City Council that he felt that this oil spill brought to the Council's attention by Councilman Gurnee did fit the provisions of the City's nuisance ordinance and based on the evidence presented at a public hearing the Council could order the correction of the nuisance. Councilman Brown agreed with the setting of a public hearing under the nuisance provisions so that the City Council could set remedies to correct this problem. Councilman Graham agreed with the public hearing but would like to take a milder approach to the resolution as submitted by Councilman Gurnee as he would like to punish the individual. "polluter but would not like to see property owners punished for something over which they had no control Councilman Norris stated that he agreed with the setting of a public hearing but he did not know how to prevent this particular item from happening again and could not see how a property owner could be held responsible for something over which they had no control. Mayor Schwartz stated he too was in support of public hearing to analyze solutions to spill problems Further,ihe felt the staff should look into conditions of the use permit issued by the Planning Department ' in order to avoid future oil spills and pollution of the creeks The City Council continued the consideration of the adoption of a resolu- tion of intention to set a public hearing to their meeting of Friday, June 28, 1974 at 12 00 noon so that the property owners would have an opportunity to be heard if they so desired. On motion of Councilman Brown, seconded by Councilman Graham, the meeting adjourned to Friday, June 28, 1974 at 12 00 noon. Motion carried. Approved August 19, 1974'% Gr. H ,TZPATRICK, CITY CLERK i u MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA FRIDAY, JUNE 28, 1974 - 12 15 P M Conference Room, City Hall PIedae Roll Call Present Councilmen John C Brown, Myron Graham, T Keith Gurnee, Jesse Norris and Mayor Kenneth E Schwartz Absent None City Staff Present J H Fitzpatrick, City Clerk, R D Miller, Admini- strative Officer, A J Shaw, Jr , City Attorney, E L Rodgers, Chief of Police, R A Paul, Water Department Director, Wayne Peterson, Assistant City Engineer, Robert Strong, Director of Planning 8 Building Also Present Jerry Smith and Ken Dawson, Penfield $ Smith ---------------------------------------------------------------------- - - -- -- 1 R A Paul, Water Department Director, reviewed again for the City Council the bids received for SITE PREPARATION for the water tank on the Edna Saddle Bids opened on May 30, 1974 He stated that the bids received were way over the estimate of the con- sultants and further an attempt by the City to negotiate with the lowest bidder, A Madonna, to reduce the bid had proved fruitless R A Paul then reviewed various alternatives to the tank site prepara- tion bid whether to continue with the present specifications or to change specifications and rebid He also reviewed for the City Council time span necessary in the site preparation and tank erection in order to meet the November, 1974 date to lift the moratorium in the lower Higuera - Los Osos Valley area and to have the full system in operation by March 1975 He felt that the decision that must be made is whether to award the bid now on hand or whether to reject all bids, redesign, and rebid a new project He then presented alternates for Council consideration A Accept the present project, $585,000 with adjustments, B Readvertise with minor adjustments at an,-,estimated con- struction cost of $475,000 a66';involving one month delay, C Readvertise with a new concept for the tank site, estimated cost $405,000, but this might require a new environmental impact report which might delay it even further "C" would include hauling away the spoil from the construction project D Start over again with no berm to protect the tank, spread the spoil as much as necessary on the site at an estimated cost of $515,000, but he was sure that a new environmental impact report would be needed due to the scarring of the spoil being spread on the site City Council Minutes June 28, 1974 Page 2 Jerry Smith, Penfield and Smith, reviewed for the City Council the time required by them in order to get the plans and specifications ready for advertising if the Council went for Alternate B or C R A Paul, Water Department Director, recommended that the City Council should go ahead with the bid already on hand from A Madonna as he felt the timing and also the possible increase in cost due to the inflation of construction costs might make the project even more expensive than they now anticipate Jerry Smith, Penfield and Smith, upon question, stated that the great difference in the previous bids estimated over actual bids received were caused by two major items Rampant inflation and 2 Due to the length of time little known about future which caused the bidders high side of the contract there was labor cost and material cost, to hedge their bets on the He also reviewed for the City Council the financial effect on the City, the increased cost for readvertising, preparation of new plans and specifications, etc He also reviewed the cost to the City Council for additional services such as construction supervision, testing, and the additional funds required for consulting services Councilman Norris felt that in view of all the unknowns in savings, if the City decided to rebid the Job and also the pressure on time, he felt the City should go ahead and accept the Madonna bid Councilman Graham stated that he was in support of "B" and hoped that some saving could be achieved by the process even in view of the addi- tional engineering costs to get the project out Councilman Brown stated he agreed with Norris' comments and would support "A ", awarding the bid to Madonna due to the unknowns in re- bidding, inflation, labor costs, and the high risk even including the additional engineering costs because of the time involved Councilman Gurnee stated he wnuld - like to take whatever option would save the City money But felt there were too many unknowns on cost at this time, and in the light of the timing involved he would support "A ", awarding the bid to Madonna Construction Company in order to serve the citizens of San Luis Obispo as quickly as possible with adequate water Mayor Schwartz agreed with the unknowns in "B" and with the inflation labor costs, etc He felt possibly the City would be best served by awarding the bid to Madonna Construction Company and go ahead as already bid in Plan "A" Councilman Gurnee stated that he was in support of the proposed motion provided that the City Council would instruct the staff to initiate studies to increase the water acreage and water hook -up fees for new developments in the Los Osos Valley - Lower Higuera Street area to try and recover some of the cost of the project in the Edna Saddle Tank Project On motion of Councilman Brown, seconded by Councilman Gurnee the City Council accepted the bid of Madonna Construction Company for alternate 1, $698,805 00 total Motion carried, all ayes, Councilman Graham voting no The City Council directed the City Clerk to notify A Madonna of the award of the bid at this date r City Council Minutes June 28, 1974 Page 3 2 Council consideration of the adoption of a resolution of intention to hold a public hearing on nuisance abatement at Tropicana Village, which involved a dumping of engine crank case oil down a drain pipe from the parking lot at 55 North Broad Street which led directly into the Old Garden Creek, which was a tributary of San Luis Creek and which caused scum and oil pollution along the area of Garden Creek I A J Shaw, City Attorney, reviewed for the City Council the steps that must be taken under the City ordinance to abate a nuisance and the calling of a public hearing E L Rodgers, Police Chief, submitted a report of an investigation by the City Police Department dealing with the oil spill at 55 North Broad Street, Tropicana Village Robert Strong, Planning Director, agreed with the investigation and report as presented by the Police Department and concurred with the recommendation to institute an abatement proceeding Mr Stuart, representing Tropicana Village, submitted a report to the City Council on activities taken by the owners at Tropicana Village to attempt to eliminate future possible oil spills in City creeks from this property He stated that the property owners were doing all they could to supervise anti - pollution efforts by the residents of Tropicana Village He stated they were trying to do all they could to cooperate and hoped that the City Council would not penalize the prop- erty owners for the action of one or two students who unthinkingly polluted the creeks of San Luis Obispo Mayor Schwartz suggested that the matter be continued for a progress report by Tropicana Village on steps being taken to eliminate creek pollution from their property, and further that the City staff look into standards to be placed in future use permits for student housing developments throughout the City. 2 05 P M Councilman Norris left the meeting On motion of Mayor Schwartz, seconded by Councilman Graham that, based on the evidence presented by the Police Chief, Planning Director, Councilman Gurnee, and Mr Stuart, that this matter by the Council be continued to an unspecified date and that the City review Tropicana's present proposal to the Police Depart- ment for mitigation of conditions that precipitated this hearing, and that staff recommend rules to be set by the City Council which would apply these rules to similar uses in the City Further, that the City Clerk was to write a letter to all student housing developments in the City indicating the Council's concern of oil spills in creeks and of their intention to take action against the prop- erty owners if these oil spills continued Further, the City Clerk was asked to notify the Contractors' Association regarding contractors dumping construction materials in creeks which add to the pollution Motion carried, all ayes, no noes, Councilman Norris absent ' 3 On motion of Councilman Brown, seconded by Councilman Graham the follow- rag resolution was introduced Resolution No 2626, a resolution establishing salary ranges for employee classifications, assigning employees to c,tasses and salary steps within said ranges, specifying methods of advancement and superseding previous salary resolutions in conflict Passed and adopted on the following roll call vote ' AYES Councilmen Brown, Graham, Gurnee and Mayor Schwartz NOES None ABSENT Councilman Norris 4 The City Council adjourned to Executive Session City Council Minutes June 28, 1974 Page 4 5. On motion of Councilman Brawn, seconded by Councilman Graham the meeting adjourned at 2 25 P M Motion carried, Councilman Norris absent APPROVED AugusT 5, 1974 � FIiZPATRICK, CITY CLERK 19 1 i1 Pledge Roll Call Citv Staff MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, JULY I, 1974 - 7 00 P M CITY HALL Present John C Brown, Myron Graham, T Keith Gurnee, Jesse Norris and Mayor Kenneth E Schwartz Absent None Present J H Fitzpatrick, City Clerk, R D Miller, Administra- tive Officer, A J Shaw, Jr , City Attorney, D F Romero, City Engineer, Lee Schlobohm, Fire Chief, Robert Strong, Planning Director, John Quirk, Acting Water Director ) I At this time the City Council held a public hearing on the recommendation of the Planning Commission to rezone a portion of Lot 9, Block 147, Harford's Addition, commonly known as 200 Higuera Street, from M (Industrial) District to C -H (Heavy Commercial) District R Strong, Planning Director, presented the recommendation of the Planning Commission as follows The subject property is located at the corner of South and Higuera Streets and is developed with a heavy commercial use Surrounding properties are zoned M, but are used primarily for heavy commercial and neighborhood commercial uses 2 The applicant is requesting this rezoning to expand heavy commercial uses on this property The existing use on this property is a non - conforming use in this zone Retail sales are allowed in the heavy commercial zone, but are not allowed in the M zone The applicant is requesting a rezoning from M (industrial) to C -H (heavy commercial) 3 The Planning Commission recently rezoned the area bounded by High Street on the north, Beebee Street on the east, South Street on the south and Higuera Street on the west from M to C -H Other property owners in this immediate area have indicated that they do not wish To be rezoned at this time 4 The General Plan indicates the area in which the subject property is located as being appropriate for heavy B commercial uses The area has been developed with heavy commercial and neighbornhood commercial uses for many years 5 The Commission was of the opinion the proposed action would make zoning consistent with the General Plan, and City Council Minutes July I, 1974 Page 2 cause the existing non - conforming use to be compatible with the Zoning Ordinance, and that the proposed rezoning would not have an adverse affect upon the health, safety and welfare of persons living and working in the vicinity They therefore unanimously recommended that the City Council rezone the property for heavy commercial uses Mayor Schwartz declared the public hearing open No one appeared before the City Council for or against the proposed re- zoning Mayor Schwartz declared the public hearing closed On motion of Councilman Gurnee, seconded by Councilman Brown the following ordinance was introduced Ordinance No 619, an ordinance amending the official zone map of the City of San Luis Obispo (to rezone 200 Higuera Street) Passed to print on the following roll call vote AYES Councilmen Gurnee, Brown, Graham, Norris and Mayor Schwartz NOES None ABSENT None 2 Memorandum from David Williamson, Assistant Administrative Officer, on the Gary Green Inquiry, 1743 Southwood Drive Mr Gary M Green wrote to the City of San Luis Obispo requesting informa- tion concerning the development of the Dan Oxford Tract being developed across the street on Southwood Drive from his home Mr Green's concern was the way that utilities were installed to serve the homes in the Oxford Tract, apparently causing an inordinate number of trenches being cut into Southwood Drive It was Mr Green's contention that if the City were to accepT the alley to the rear of the lot lines of Oxford Tract, it would be simplier To place the utilities in the rear alley rather than cut up an already improved street He also complained of the leaching and drainage of water above and below ground, which might get into these trenches in Southwood Drive and cause further street damage Mr Green's concerns seemed to stem from the fact that he believed the City should have planned for the development of properties located above elevation 460 and looped utility systems should have been constructed rather than trying to serve each of the Oxford Tract lots from Southwood Drive He also felt the City should have investigated the possibility of establishing an underground utility assessment district for existing home owners in the area, so that all utilities could be undergrounded and the area cleaned up These questions were covered by a written reply submitted by D Williamson He indicated that he had met with Mr Green, City Engineer Romero and the Water Department Director to discuss the problems and it was his opinion that Mr Green now had a better understanding of the reasons for the way in which the Oxford Tract was developed r City Council Minutes July I, 1974 Page 3 On motion of Councilman Norris, seconded by Councilman Brown the Gary Green inquiry was ordered received and filed 3 D F Romero, City Engineer, on behalf of the Mass Transportation Committee, submitted for the Council's consideration a sample bus study questionnaire which had been prepared by Chairman Jones The information in the questionnaire would provide the bus committee with valuable background to determine how to best improve the City's bus service both during the experimental period, in the immediate future, and for the permanent bus system, if it is to be put into effect If the additional set of questions being submitted with the questionnaire is to be approved, the City would also receive an indication of the public's view as to the relative importance of bus service as opposed to other City services which are now provided D F Romero continued that after the Council has approved the questionnaire that the questionnaire will be distributed through the City this fall, the computer work and representative sample would be selected by Cal Poly students, under Mr Jones' direction, and the information would be computerized and print -outs be made available, not only to the City, but to the County and the Area Planning Council for their consideration The actual printing, distribution and collection of the information would be done at City expense and by City personnel Analysis of the cost at this time would be an estimated $1,000, and the Committee through Mr Romero recommended that the Council approve the proposed questionnaire and the method of survey The request for the questionnaire was continued to the meeting of July S, 1974, so the Council could meet with representatives of the Mass Trans- ' portation Committee 4 Request by Warren F Dolezal for Council approval and acceptance of the on -site improvements to Tract 467, Unit I, Los Verdes Park, Garden Homes He stated the request was being made at this time as many families had purchased homes and were waiting to move in, and considerable hardship on these residents would occur if the acceptance by the City was delayed D F Romero, City Engineer, reported that an inspection made by his office today showed that only one manhole had not been adjusted to grade and was now being corrected and that also the as -built plans had not been submitted but he had no objection to the City Council accepting the Tract and the on -site improvements John Quirk, Assistant Water Director, stated,that the water utilities were in and were operating although there had been some problems with the hydrants (which were delivered from the manufacturer in a defecTive state) and were now being replaced by the manufacturer He recommended that the water improvements be accepted D F Romero, City Engineer, explained that a City contract controlled the off -site construction and was not affected by the acceptance of this tract Further, he stated that occupancy would be dependent upon the approval of the Building Department rather than Council which would require completion of all on -site improvements, including common areas A J Shaw, City Attorney, discussed the unusual concern with regard to this particular subdivision, a planned development which required not only completion of the on -site improvements, (utilities, streets, curbs, gutters, etc ) but also common areas within the whether the City, in accepting Unit I, Tract He further was letting questioned the subdivider escape his obligation to pay his share of the development of the off -site - improvements to serve this particular development D F Romero, City Engineer, explained that a City contract controlled the off -site construction and was not affected by the acceptance of this tract Further, he stated that occupancy would be dependent upon the approval of the Building Department rather than Council which would require completion of all on -site improvements, including common areas City Council Minutes July I, 1974 Page 4 A J Shaw, City Attorney, recommended that the City not accept the sub- division until all the improvements had been completed as provided in the subdivision agreement, and also that nothing be done until all costs associated with the change orders on the off -site improvements had been settled to the satisfaction of the City Warren Dolezal explained that the need for prompt action was that the interest on development funds during a two -week delay would cost him about $15,000 Further, he had 67 homes in escrow which had been sold, and the purchasing families were anxious to move in He stated that except for some minor clean up and finish detail, the tract was ready for occupancy He also questioned the fairness in holding up acceptance of Unit I on the basis that the off -site contract had not been completed The contract was administered by the City and that the City had delayed resolution of a settlement of the contested change order costs He stated he had deposited funds to assure his share of costs, as provided by contract Councilman Brown felt that if the Pratt contract problems could be separated secured, then he would be willing to accept the Unit I improvements subject to individual approval by the Building Department Councilman Graham agreed with Councilman Brown's comments and concluded that he, too, was prepared to accept Tract 467, Unit I, as complete Councilman Gurnee questioned whether or not adequate funds were deposited with the City to cover costs involved with the change orders for the Pratt contract as well as other remaining obligations and asked if the developer would agree to deposit additional amounts until the settlement had been made ' Warren Dolezal stated that if account balances and contract cost figures were provided by the City, he would deposit any additional funds required with the City Councilman Gurnee stated that he would not vote for acceptance of Unit I as he had always opposed this development Councilman Norris stated that in view of the 67 families who wished to move into these new homes, he would support acceptance of Unit I He felt staff should get the Pratt Contract change orders cleaned up as soon as possible so that everyone would know just where the City and the developer stood in this matter Mayor Schwartz stated that in light of the evidence submitted this evening, by the developer and by City staff, the City could take action to accept Unit I as he did not feel it had any effect on the off -site improvement contract with Pratt Construction Company On motion of Councilman Brown, seconded by Councilman Norris the following resolution was introduced subject to the developer filing the necessary funds with the City to complete the water and sewer contracts on the off -site improvements RESOLUTION NO 2637 (1974 Series), a resolution of the Council of the City of San Luis Obispo accepting the off -site improvements in Tract 467, Phase I, Los Verdes Park (Garden Homes, Ltd ) , Passed and adopted on the following roll call vote AYES Councilmen Brown, Norris, Graham and Mayor Schwartz NOES Councilman Gurnee ABSENT None City Council Minutes July I, 1974 Page 5 5 At this time the City Council considered the final map and subdivision agreement for Tract 467, Unit II, Garden Homes Continued from June 3, 1974 ' Robert Strong, Planning Director, again reviewed for the City Council the history of the development of this tract through the Planning Commission and before the City Council, the various meetings that were held, and the conditions under which the tentative maps of Unit I and II were approved It was his recommendation after evaluation of the facts on record that the final map of Unit II substantially was conformed with the approved tentative map . He recommended that the Council approve the final map and the subdivision agreement as presented by the Director of Public Works Robert Strong also presented recommendations and a communication from the Architectural Review Commission concerning the extensive grading proposed, involving large amounts of dirt that would be moved from this development to either adjoining properties or that would be hauled off It was the Architectural Review Commission's feeling that this development was not designed sensitive to the natural environment and that considerable changes should be made so that less dirt would need to be moved They objected to any grading involving adjacent property until proper studies to protect the environment were provided for evaluation Robert Strong also reviewed the recommendation of the Waterways Planning Board regarding the development of Unit II and the adjoining property proposed as an alternative grading deposition site Councilman Gurnee, as Chairman of the Waterways Planning Board, reviewed the studies made by the Board in the vicinity of San Luis Creek and stated that any portion of land in Tract 467 that flooded in 1973 should not be allowed to be graded thus endangering more land He recommended that no grading or building be allowed on The property to the west of Unit I and II without the filing of an Environmental Impact Report dealing with flood were made and sent to the City Council At the end of the discussion, Robert Strong stated that it was his under - standing that approximately 60,000 cubic yards of dirt would be moved from the boundaries of Unit 11, either to adjacent property or hauled away He concluded that an Environmental Impact Statement should be prepared if flood prone areas were proposed and recommended that the City Council separate the consideration of Tract 467, Unit II, from any proposed off - site grading Councilman Norris stated that in light of the information presented by staff he would approve the final map of Tract 467, Unit II, but the matter of grading on land west of development should be continued to a later date, subject to further consideration Warren Dolezal, Developer of Tract 467, asked that the City Council do two things I Grant a grading permit for Tract 467, Unit II in accordance ' with the grading plan and final maps previously approved by the City Council, and 2 That the City Council consider the placement of excess material from Unit II grading on adjacent property to the west of Tract 467 per the grading plan originally submitted to the Planning Commission when a General Plan of the area was presented for their approval City Council Minutes July I, 1974 Page 6 Councilman Gurnee stated that he was opposed to the development of Unit II Just as he was opposed to Unit I He felt that the development of Unit I had been less than a desirable development for the City He did not feel that the City could expect anything better in Unit II He felt the main objection to this tract was in the grading and removal of over 60,000 cubic yards of dirt from Unit II to adjacent or other sites He felt the City Council should not approve this type of operation Councilman Norris stated that he felt thaT the final map of Unit II met the conditions of the tentative map and that the City should accept the final map in order to provide much needed housing for the citizens of San Luis Obispo Councilman Brown stated that he agreed with the Planning Director's conclu- sions that the final map conformed to the tentative map, but that no grading should be allowed in the off -site area that flooded in 1973 until further evaluations were complete He asked how much on -site grading had already occurred D F Romero, City Engineer, stated that a small area at the southwest corner of Unit 11 had been filled about 24 inches without a grading permit but in accordance with the grading plan Councilman Brown stated that the Council should accept the staff recommenda- tion, the final map and the subdivision agreement Councilman Graham felt appalled that this development could be started under the planned unit development ordinance of the City of San Luis Obispo He also questioned the movement of large amounts of dirt from this site to adjacent sites without either a grading permit or an adequate grading plan Mayor Schwartz stated that it was unfortunate that it had taken so long to get this development completed, as memories had become clouded over the years He stated that his greatest concern was the grading within Tract 467 and his understanding that grading was designed to balance Unit I and Unit 11, at no time could he recall considering excess dirt to be moved off -site from Tract 467 He agreed with the staff recommendation except he would not accept Unit 11 until he was convinced that there would be no danger of additional flooding due to grading of flood prone areas Councilman Graham moved that the City Council continue consideration of Tract 467, Unit II until additional reports are filed with the City Motion died for lack of a second Warren Dolezal, Developer, felt he and the sTaff had presented all the infor- mation available on the on -site development and asked what additional reports the City Council requested Councilman Norris moved that the City Council accept the final map and subdivision agreement of Unit 11, Tract 467 with the off -site grading to be • separate issue to be discussed at a later date Motion died for lack of • second Robert Strong, Planning Director, again presented his recommendation that the , City Council accept the final map and subdivision agreement for Tract 467, Unit 11, with no approval of moving soil or dirt to adjacent properties He felt the Council should approve Unit 11, as it was in conformance with the tentative map previously filed and approved by both the Planning Commission and the City Council City Council Minutes July I, 1974 Page 7 On motion of Councilman Brown, seconded by Councilman Graham that the final consideration of the map and subdivision agreement of Tract 467, Unit II be continued to July 15, 1974 with the staff to provide Council with calculations of flooding on that portion shown as flooded with Unit II in the 1973 flood Motion carried on the following roll call vote AYES Councilmen Brown, Graham, Norris and Mayor Schwartz NOES Councilman Gurnee ABSENT None Mr Dolezal agreed to the continuance of this matter to July 15, 1974 Mayor Schwartz declared a recess at 9 45 P M Meeting reconvened at 9 55 P M , all Councilmen present 7 A J Shaw, City Attorney, again presented to the City Council the matter of the inoperative vehicles at 319 Branch Street, where the City had made a number of attempts to have the occupant either remove the vehicles or place them in an operative condition and register them with the State of California The City Attorney continued that this matter was originally investigated and initiated as a criminal misdemeanor violation, had been filed with the court Subsequent to the last Council discussion, the matter had been in the court, at which time the property owner had signed an agreement to move the vehicles by May, 1974, or enter a plea of guilty in the court to a criminal misdemeanor violation He now refused to do either one, one of the City's recourses was to request a new trial date The City Attorney recommended, considering the vagaries of the criminal trial system, including legal costs and time lost in appeals, etc , that it would be more effective, expeditious and appropriate to implement the provisions of the City's nuisance abatement ordinance, which had been adopted since the September date when this matter went to court He concluded that the City Council should initiate proceedings on a nuisance abatement under the provisions of the Municipal Code Section 4400 3 Robert Strong, Planning Director, concurred with the recommendation of the City Attorney and urged the City Council to proceed with a nuisance abate- ment on this matter E L Rodgers, Chief of Police, also informed the City Council that he supported the recommendation On motion of Councilman Norris, seconded by Councilman Gurnee the following resolution was introduced RESOLUTION NO 2630 (1974 Series), a resolution of the Council of the City of San Luis Obispo finding that a public nuisance may exist upon the premises at 319 Branch Street and ordering a public hearing on the same and the abatement thereof E Woelfe appeared before the City Council with charges against the Police Department, the City Attorney, Jon Ecklund of the Planning Department and others as to the treatment he had received in the matter of removing his inoperative vehicles from his property He stated that he felt he had been harassed and mistreated by the City, and he felt there was some punitive reason other than the vehicles, why he was He concluded by stating that there were no being persecuted by the City inoperative vehicles on his property at this time and all vehicles on his property were no operative ` and registered On motion of Councilman Norris, seconded by Councilman Gurnee the following resolution was introduced RESOLUTION NO 2630 (1974 Series), a resolution of the Council of the City of San Luis Obispo finding that a public nuisance may exist upon the premises at 319 Branch Street and ordering a public hearing on the same and the abatement thereof City Council Minutes July I, 1974 Page 8 Passed and adopted on the following roll call vote AYES Councilmen Norris, Gurnee, Brown, Graham, and Mayor Schwartz NOES None ABSENT None 8 AT this time the City Council considered the final map and sub- division agreement for Tract 522, Mission Gardens, Arnold Volny, Developer, an apartment development on Peach Street, bounded by Mill between Nipomo and Broad Streets D F Romero,City Engineer, presented the final map for the City Council stating that the map had been checked and was technically correct He also reviewed for the City Council the subdivision agreement with the following five special conditions The developer shall pay to the City the sum of $5,400, which is based upon the following formula, ($150 per dwelling unit x 36 dwelling units This is the maximum fee per dwelling unit as per Ordinance 610 in lieu of Park Land dedication ) 2 The developer shall pay to the City the sum of $967 72 for the purpose of street tree planting (.,967 72 lineal feet of street frontage @ $1 00 per foot) 3 The developer shall construct curb, gutter and sidewalk, bring Peach Street to subgrade and construct DI's, and the City would provide and place the base material and pavement 4 The developer shall construct curb, gutter and sidewalk and bring Mill Street to subgrade except for the westerly 240 feet of frontage The City would provide and place the base material and pavement 5 The developer shall construct a 6 foot A C bike path in the street design area along the westerly 240 feet of frontage along Mill Street acceptable to the School and the City Engineer Councilman Gurnee asked how the final subdivision map could come before the City Council for approval when the buildings were practically completed He also wondered why the building was started without the installation of the two fire hydrants as required by ordinance The City Engineer explained thaT this subdivision was also a condominium planned development, and that the construction had been a- proved as consistent with the planned development The final map was in agreement with the tentative map previously approved by the Planning Commission , and City Council On motion of Councilman Norris, seconded by Councilman Graham the following ' resolution was introduced RESOLUTION NO 2636 (1974 Series), a resolution of the Council of the City of San Luis Obispo approving the final map of Tract 522, Mission Gardens (Arnold Volny) City Council Minutes July I, 1974 Page 9 Passed and adopted on the following roll call vote AYES Councilmen Norris, Graham, Brown, Gurnee and Mayor Schwartz NOES None ABSENT None The City Staff was asked to report to Council regarding the reason why the combustible construction was allowed to proceed without required fire hydrant placement 9 Communication from Mr James F Maino objecting to the recommendations of the wastewater management as proposed by the Water Quality Control Board which would prohibit the City of San Luis Obispo from placing effluent water into the creek He stated that for over thirty years the ranchers along San Luis Creek depended upon this water as a primary source of irrigation and that if the City were not allowed to keep a certain amount of water flowing through the creek, they would be unable to irrigate their pastures or water the cattle He felt that this reduction in water would cause him to reduce the number of cattle he could carry and the land that-could be irrigated and would destroy the economic feasibility of his ranch as the adjacent creeks all dried up in the summertime He felt that with present sewage technology, there must be some way that the City of San Luis Obispo could clean up the water sufficiently so that it could mix with natural creek water without risk He felt his situation was not unique and that there were a number of ranchers downstream who depended on this creek for their livelihood He hoped that the City would object to the conditions established by the Water Quality Control Board City Engineer Romero stated that Mr Maino's views were in complete agreement with those already presented to the Water Quality Control Board The communication was ordered received and filed, and that the Water Quality Control Board be sent a copy 10 Memorandum from Robert Strong, Planning Director, on behalf of Jack Kellerman, Chief Building Inspector, requesting that the City Council consider an amendment to the Municipal Code increasing the performance bond_requirements for house moving He stated that a comprehensive revision of the Municipal Code was being prepared on the house moving matter, but as a temporary measure, the proposed resolution would require a minimum bond of $5,000 rather than the present $1,000 to guarantee completion of site improvements in the event the job of house moving was not diligently pursued On motion of Councilman Gurnee, seconded by Councilman Brown the following resolution was introduced RESOLUTION NO 2638 (1974 Series), a resolution of the Council of the City of San Luis Obispo providing additional bond requirements to guarantee site clean -up and job completion when buildings are moved Passed and adopted on the following roll call vote AYES Councilmen Gurnee, Brown, Graham, Norris and Mayor Schwartz NOES None ABSENT None City Council Minutes July I, 1974 Page 10 On motion of Councilman Brown, seconded by Councilman Gurnee Consent Items C -11 C -2, C -3, C -5, C -6, C -7, C -9, C -II, C -13 were all approved as indi- cated below C -1 The claims against the City of San Luis Obispo were authorized payment, subject to approval by the Administrative Officer C -2 The City Council minutes of April 11, May 1, 17, 28, 29 and 31, and June 4 and 6, 1974 were approved as submitted C -3 The following contract payments were approved R B -ker Const BULLOCK LANE SEWER EXTENSION City Plan No 39 -74 R Burke Corporation STREET RESURFACING PROJECT City Plan No 35 -74 J D Concrete Est #1 $4,117 09 Est #2 FINAL 457 46 Est #3 2,227 50 Est #4 FINAL 5,382 32 IOOF CEMETARY WALL CONSTRUCTION Est #1 2,967 45 City Plan No 41 -74 Est #2 FINAL 329 72 Walter Bros Const Cc POLICE FACILITY CARPORT EXT Est #1 1,707 75 City Plan No 28 -74 Walter Bros Const Cc ABATEMENT OF WATERWAY OBSTRUCTION Est #2 270 00 City Plan No 42 -74 Est #3 FINAL 335 00 Karleskint -Crum, Inc MEADOW PARK, PHASE III Est #4 5,092 51 City Plan No 4 -74 C -4 On motion of Councilman Norris, seconded by Councilman Brown, a motion was adopted authorizing staff to contact the City's assessment attorney for preparation of necessary paperwork and institute assessment district proceedings for widening Johnson Avenue within the existing right - of -way (Plan "F ") adjacent to the Chase and Bilodeau properties Passed and adopted on the following roll call vote AYES Councilmen Norris, Brown, Graham and Mayor Schwartz NOES Councilman Gurnee ABSENT None C -5 The claim against the City of San Luis Obispo by 14 members of the Police Officers' Association dated June 20, 1974 was ordered received and vi led C -6 The memorandum from the Chief of Police regarding change in working hours for Police Officers was set for discussion at the July 15, 1974 Council meeting C -7 The memorandum from the Human Relations Commission requesting Council authority to continue to employ Orloff Miller as Social Services Coordinator for the first three weeks in July on a half -time basis was approved C -8 On motion of Councilman Brown, that the City accept the recommendation of Committee and that the Mayor be authorized the Chamber of Commerce for the fiscal year Councilman Gurnee voting no City Council Minutes July I, 1974 Page If seconded by Councilman Graham the Promotional Coordinating to sign the agreements with 1974/75 Motion carried, Councilman Gurnee stated that he felt that the Chamber of Commerce in 1973/74 had done an excellent Job in promoting visitors for the City of San Luis Obispo, but that he was opposed to promotion in principle and could not approve this one contract C -9 On motion of Councilman Brown, seconded by Councilman Gurnee the following resolution was introduced RESOLUTION NO 2629 (1974 Series), a resolution of the Council of the City of San Luis Obispo determining the prevailing rate of wages for City Public Works projects for the year July 1,'1974, through June 30, 1975, and ordering the publication thereof Passed and adopted on the following roll call vote AYES Councilmen Norris, Brown, Graham, Gurnee and Mayor Schwartz NOES None ABSENT None C -10 On motion of Councilman Gurnee, seconded by Mayor Schwartz the communication from Jack H Sausser, City Manager, City of Auburn, urging City Council to contact League of California Cities requesting support and concerted effort toward the passage of legislation to prevent the unnecessary delay of approved public works projects was ordered received and filed Motion carried, Norris voting no C -II The request for sick leave in excess of one week for Raloh Soto was approved C -12 Consideration of current legislation was continued to July 8, 1974 C -13 The staff report on the requested rate increase from Central California Communications Corporation (continued from 5/20/74) was set for public hearing on July 15, 1974 B -1 The City Clerk reported on the following bids received for MISSION PLAZA RETAINING WALLS, City Plan No 21 -74 Bids were opened June 25, 1974 at 2 30 P M Conco General Engineering $51,426 60 P 0 Box 511 San Luis Obispo, CA Madonna Const Co $55,555 55 P 0 Box 910 San Luis Obispo, CA On motion of Councilman Graham, seconded by Councilman Brown that the low bid of Conco in the amount of $51,426 60 be accepted Motion carried, all ayes CiTy Council Minutes July I, 1974 Page 12 B -2 The City Clerk reported on the following bids received for CITY RECREATION CENTER ADDITION, City Plan No 27 -74 Bids were opened June 25, 1974 at 2 00 P M Walter J Schmid $25,400 00 2401 Alexander Ave., L 0 H San Luis Obispo, CA Wheeler Const Co , Inc $26,987 00 2650 Broad Street San Luis Obispo, CA 93401 On motion of Councilman Graham, seconded by Councilman Gurnee That the City accept the low bid of Walter J Schmid in the amount of $25,400 00 Motion carried, Councilman Norris voting no The City staff was asked to look into the possibility of introducing a change order to eliminate the addition of steam heat to this buillding addition B -3 The City Clerk reported on bids received for CULVERT REPLACEMENT IN OLD GARDEN CREEK AT LINCOLN AND BROAD STREETS, City Plan No 16 -74 Bids were opened on June 26, 1974 at 3 00 P M Conco General Engineering $87,310 20 P 0 Box 511 San Luis Obispo, CA A -C Construction $92,097 60 1738 E Newbury Rd Newbury Park, CA Maino Const Co , Inc $95 689 00 P 0 Box 1347 San Luis Obispo, CA R Burke Corp $99,680 00 P 0 Box 957 San Luis Obispo, CA Madonna Const Co $105,767 00 P 0 Box 910 San Luis Obispo, CA On motion of Councilman Gurnee, seconded by Councilman Brown that the City accept the low bid of Conco in the amount of $87,310 20 Motion carried The City Clerk presented two letters from the League of Women Voters One suggested that the City Council take whatever steps were necessary to amend the City Charter to change Election Day from the present third Tuesday in April in the odd numbered year, to the first Tuesday after the first Monday in March of the odd numbered year In this way the City election would be held on the same day as the school elections that have been done in the past The second letter offered the services of the League in writing ballot City Council Minutes July I, 1974 Page 13 arguments for the City of San Luis Obispo Both letters were referred to the next Council meeting for consideration The City Council adjourned to Executive Session The City Council adjourned at II 20 P M to 7 30 P M July 8, 1974 Motion carried APPROVED November 4, 1974 r, J H F atrick, City Clerk I I MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, JULY 8, 1974 - 7 :30 P.M. CITY HALL _ Roll Call Present: John C. Brown, Myron Graham, T. Keith Gurnee, Jesse Norris and Mayor Kenneth E. Schwartz Amt: None City Staff Present: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative Officer; A.J. Shaw, Jr., City Attorney; D.F. Romero, City Engineer; Robert Strong, Planning Director; Wayne Peterson, Assistant City Engineer Absent: None Mass Transportation Committee Present: Walter Rice, Steven Patterson, and LaVerne Schneider Absent: None 1. At this time the City Council discussed with the Mass Transportation Committee the proposed questionaire on bus service which was to be distributed throughout the City and also a discussion of the coordination of the county -wide transportation study. D.F. Romero . City Engineer, again reviewed for the City Council the questionnaire that was prepared by the Mass Transportation Committee which _ would be handled by students in the Transportation Class at Cal Poly, ques tions computerized and reports made available to the various agencies. Walter Rice. Vice Chairman of the MTC, explained the methodology and the implementation of the questionnaire as proposed by the Committee. The City Council, the Mass Transportation Committee members, and staff discussed the proposal to have the transportation study made for the City under direction of the MTC. On motion of Councilman Gurnee, seconded by Councilman Brown that the City Council approve the request of the MTC for the survey and authorize the expendliture of $1,000. All ayes, no noes. Walter Rice, Vice Chairman of the Mass Transit Committee, reported to the City Council on the activities of the county -wide citizens committee studying the county needs for transportation. He stated that he and Dr. Jones, the other City representative, did not feel that the county com- mittee and their consultants were doing an adequate Job to make recommen- dations on various means of transportation within the county. He con- , tinued that in his opinion, the consultants' approach"Mes not valid to see what the citizens of San Luis Obispo county needed or desired. D.F. Romero, City Engineer, reported that Dr. Jones, the City'Representa- tive to the county committee, had originally been opposed to the consul- tant hired by the Joint committee and was disappointed in the work being accomplished under the county contract. City Council Minutes July B, 1974 Page 2 The City Council discussed with members of the MTC what could be done to get the county -wide transportation study program going again on a more positive approach. John Brown, Chairman of the joint city- county area planning coordinating council, suggested that the Area Planning Coordinating Council meet with the Transportation Technical Committee for review of the consultants' - contract and work to date. Councilman Gurnee introduced the following resolution. That the City Council Indicate that they were not pleased with the progress of the consultants retained by the county -wide citizen studvino the countv needs for transportation, and recommended that the technical committee and the Area Planning Council meet to review the planning program and further that the City would withhold funds If progress was not shown in coordination of this program, and also that the City and staff contact Sacramento and see what effect cancellation of the contract with the consultant would have on future funds. Motion lost for lack of a second. On motion of Mayor Schwartz, seconded by Councilman Norris the following resolution was introduced: RESOLUTION NO. 2632 (1974 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUESTING THE AREA PLANNING COUNCIL AND THE COUNTY REGIONAL TRANSPORTATION COMMITTEE TO MEET IN JOINT SESSION TO STUDY ACTIVITIES OF THE TRANS- PORTATION CONSULTANT. Passed and adopted on the following roll call vote- AYES: CouncilmenrBrown, Graham, Gurnee, Norris and Mayor Schwartz NOES: None ABSENT. None . -t Walter Rice, Vice Chairman, Mass Transit Committee, brought to the Council's attention the matter of promoting the bus system in cooperation with the Promotional Coordinating Committee. He felt that in order to promote the bus system in the City a concentrated advertising program should be under- taken by the City. He then asked permission of the City Council to hold a press conference with all media representatives in order to try to get cooperation in all public service announcements on radio, television, and hopefully, In the daily paper. He felt that an advertising or promotional program would add riders to the bus system and if this happened they would reduce the transportation subsidy. On motion of Councilman Brown, seconded by Councilman Graham that the City Council approve the request for a media luncheon on bus transportation ad- vertising as recommended by Mr. Rice, motion carried, all ayes, no noes. 2. Robert Strong, Planning Director, asked the City Council for direction for appointment of a citizens' advisory group to work with the Planning Consultant as they brought the general Plan to completion un- der the existing contract. He suggested a "forum" composed of the County Planning Commission, Airport Law Use Commission and Ad Hoc Resource Inven- tory Committee, as well as representatives of various other city commit- tees and interested citizens, to meed with the City Planning Commission. City Council Minutes July 8, 1974 Page 3 He recommended that the City Council involve members of presently ap- pointed advisory boards and committees already familiar with community problems and potentials, and he suggested that the Council invite these groups to meet with the Planning Commission- during three or four meetings regarding the General Plan Revision Program, The City Council discussed the recommendation of the Planning Director for a forum of citizens.to hear the General plan presentations by KDG. The Mayor suggested that a letter be sent to all Charimen of the citi- zens' advisory committees to attend the City's Planning Commission meet- ings to include invitations to representatives of boards and commissions in addition to members of the County Planning Commission, Airport Land Use Commission, and the Ad Hoc Committee on resource inventory, On motion of Councilman Brown, seconded by Councilman Graham authorize the Mayor to tender Inv tatlons �� on behalf of the Council to take part in presentations by KDG and,other planning consultants. Motion carried, all ayes, no noes. 3.. At this time the City Council considered current legisla- tion and took action on the following bills as follows: On motion of Councilman Brown, seconded by Councilman Graham that the City Council OPPOSE Senate Bill No, 2408 (Behr) State Licensing of all Peace Officers. Motion carried, all coun- cilmen voting aye. On motion of Mayor Schwartz, seconded by Councilman Brown that the City Council OPPOSE AB 3135 (Fenton) Fire and Public Safety Regulations and Organizational Enforcement. Motion carried, ' all councilmen voting aye. On motion of Councilman Gurnee, seconded by Councilman Graham that the City Council SUPPORT AB 3159 (Z'Berg, etal.) Bev- erage Containers - Pop -Tops Prohibited. Motion carried, all coun- cilmen voting aye. 4. Councilman Gurnee brought the City Council's attention the action taken on July I, 1974 by the County Board of Supervisors to rezone forty acres of the Dantey parcel to a manufacturing - industrial classifi- cation. He informed the City Council he feels this action had many serious ramifications for the City, which Included: a, inconsistency of the rezoning with the City's General Plan, i b, inconsistency of the rezoning with the County's General Plan, c. implications on City services and facilities, esoecially water and sewer services which the Regional Water Quality Control Board was attempting to force the City to pro- vide in unincorporated areas to the San Luis Creek Re- gion, •, d, the evident lack of control by the City of development within its urban reserve. He submitted for the Council's consideration maps of the General Plan of the County and also for the City, and also a resolution for the Council's con - sideratlon advising the County Board of Supervisors and state'agencies that the City did not feel obligated to provide water and _ sewer service to a forty acre real property parcel recently zoned industrial by the County of San Luis Obispo, and further requesting that the Attorney General investigate said rezoning to see if it was in compliance with state law. City Council Minutes July 8, 1974 Page 4 A.J. Shaw, City Attorney, presented each member of the City Council with a copy of the Government Code, State of California, Section 65860 en- titled "Consistency of zoning ordinances with general plan; actions to en- force compliance; amendments." Robert Strong, Planning Director, reported to the City Council on his pre- sentation before the County Planning Commission and Board of Supervisors objecting to the rezoning of the Danley property. He noted that the City requested denial or continuance of the proposal because it was contrary to the present General Plan, currently being revised. He had attempted to im- press the'Suoervisors with the fact that General Plan revision studies would provide a complete analysis within a few months and until existing plan conflicts are resolved, approval of rezoning would 1 e inconsistent and premature. , Councilman Norris read from the minutes of the County Board of Supervisors Meeting which rezoned the Danley property, and submitted reports on the Board of Supervisors approval of the rezoning. Councilman Gurnee felt the Council should act tonight to begin the pro- cedures to stop the completion of the rezoning of the Danley property.• Councilman Norris, felt that the land around the airport should develop to industrial uses. He also felt that the existing City General Plan was in- appropriate for this part of the County area. He also felt that this land was in the County and was in the area of responsibility of the Board of Su- pervisors and that the City should respect their opinion. Further, he felt that the resolution proposed by Councilman Gurnee was Inaccurate and full of half truths and should not be considered for adoption by the City Council. He also objected to asking the State Attorney General to enforce County zon- ing ordinances. He would oppose the adoption of the resolution. Councilman Brown stated that he too was opposed to asking the Attorney ' General to come In and enforce County General Plan laws, although he did agree with conditions of sewer and water extension to the County area, and would support a portion of the resolution dealing with this matter. Councilman Graham said he would agree to the conditions of the resolution dealing with the extension of water and sewer. And he would like to con- tinue consideration until the City General Plan had been amended and up- dated. Mayor Schwartz felt that due to the lateness in the hour and also due to the seriousness of this issue, he felt that this should be continued to a re- gular scheduled City Council meeting so that input could.be received from the public, enabling the City Council to make an informed decision based on the public's testimony. On motion of Mayor Schwartz, seconded by Councilman Brown the matter was continued to the meeting of July 15, 1974 for further consideration. 5. On motion of Councilman Norris, seconded by Councilman Gurnee the following resolution was introduced: RESOLUTION N0; 2631 (1974 Series) A RESOLUTION INCREASING THE 1973 -74 BUDGET. Passed and adopted on the following roll call vote: ' AYES: Councilmen +Norris, Gurnee, Brown, Graham, and Mayor Schwartz NOES- None -- ABSENT: None City Council Minutes July 8, 1974 Page 5 6. At this time the City Council discussed the Volny planned development on Mill Street, part of Tract 522, dealing with the requirement which would raise the building floors by 18 Inches in order to provide flood protection. The City Engineer stated that since no grading was necessary or implied other than underneath the buildings, the Public Works Department did not condern itself thereafter with earth work on the site. Mr. Volny apparently chose to Import fill under the building sites and cons- truct slabs. It had been the long -time understanding between the Building Department and Public Works Department that earthwork conducted only under a building would fall under the Jurisdiction of the Building Department. Therefore, soils reports, compaction reports and all other submittals were made only to the Building Department. Upon receipt of the Council memorandum of July 3, 1974 the City Engineer and Chief Building Inspector visited the site and found that the contractor had placed an excessive amount of fill material near the buildings and had placed a stockpile of an adobe type of material interspersed with rubble near the southerly corner of the property. All of this was done without specific approval from either the Building Department or the Public Works Department. It appeared that some of the material had been placed within the public right -of -way and that a number of trees were endangered by this earthwork. The Chief Building Inspector, Jack Kellerman had indicated that he would instruct Mr. Volny to submit an acceptable grading plan or take immediate corrective measures on this matter. Councilman Gurnee stated he objected to the activities of the City Engine- - er s office is not enforcing the grading provisions of the Municipal Code. He then read applicable sections of the Municipal Code dealing with sub- divisions and grading thereon, Robert Strong, Planning Director, stated that he agreed with the report of the City Engineer, Past practice had been that any grading under a building would be handled by the Building Department and any other on site or off site grading would be handled or inspected by the Public Works De- partment. The City Council discussed with the staff some way of setting a procedure or getting cooperation between the building inspector and the City En- J gineer on plans and preparation of grading construction development within subdivision so that the C Ity Council did not have to review in detail each development and each movement of dirt within the City. Robert Strong, Planning Director, agreed that an improved procedure could and should be established to coordinate the inspections of both the Public Works Department and the Building Department, particularly in areas where responsibilities might overlap such as in the Volny development. Arnold Volny, developer, re8iewed development of his planned development on Mill Street, stating that the grading in question was basically in ac- cordance with the approved plans and grading permits of the City. The staff was instructed to resolve an improved procedure for coordination of inspection of grading on subdivisions, particularly planned development. On motion of Councilman Brown, seconded by Councilman Gurnee the meeting adjourned. -APPROVED November 4, 1974/`l i� 'a' patnck, City Clerk I I Pledge Roll Call City Staff MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA Monday, July 15, 1974 - 7 00 P.M. City Hall Y `AP PRESENT John C Brown, Myron Graham, T Keith Gurnee, Jesse Norris, and Mayor Kenneth E Schwartz ABSENT None PRESENT J H Fitzpatrick, City Clerk, R D Miller, Administrative Officer, A J Shaw, Jr , City Attorney, William Florv, Director of Parks & Recreation, E L Rodgers, Police Chief, D F Romero, City Engineer, Lee Schlobohm, Fire Chief, Robert Strong, Planning Director 1 The City Council held a public hearing on the request of Central California Communications Corporation (Cable TV) for a rate increase in monthly subscription rates The proposed new rate structure to be $5 60 pen month for the first residential outlet, $1 25 per month each additional residential outlet, $5 60 per month ' first commercial outlet, $2 25 per month each added commercial outlet The City Clerk briefed a report from the City Finance Department reviewing the staff analysis of the request by Central California Communications Corporation Representatives of the City Finance Department and of the cable television company met to review operating statements and worksheets of the cable company The report of the cable company was reviewed It contained primarily descriptive narratives on their CATV current and projected operations and listed the cost of current operations and the cost of system improvements and additional costs It was the conclusion based on the data disclosed, that the increased rate sub - mitted by CCCC did not create an inequity and financially a rate increase was justified Art Hapgood, General Manager, Central California Communications Corporation, reviewed for the City Council a lengthy report submitted to the Council at a prior meeting and for review by their staff discussing the background for a rate increase by the cable television company They reviewed service being provided to the citizens of San Luis Obispo, cost of doing service within the City-,of San Luis Obispo, and examples of increased cost to the cable company as the years went by For example, he listed the difference in the cost of a mainline amplifier in 1966 at $286 88 while in 1974 the same amplifier now cost $399 30, an increase of $112 42, or over 39 percent increase in one item ' alone He felt that based on their experience, further costs increased at least another 30 or 40 percent' Mr Hapgood also reviewed for the City Council various improvements being planned by the cable company to provide better service to the subscribers in San Luis Obispo and, of course, in its surrounding area The City Council discussed with Mr Hapgood various parts of the Central Californa Communications Corporation application for a rate increase, particularly some of the plans being made for improved service and for extension of service to subscribers City Council Minutes July 15, 1974 Page 2 Mayor Schwartz declared the public hearing open on a rate increase request for cable television Peter Andre stated he had no objection to a rate increase to the cable company but would like to knrnv if there was some way he could get a clearer picture on his cable television Mr Hapgood was given Mr Andre's address, and he stated one of his staff members would look into the service pattern in his neighborhood Woody Goulart, 3002 Bahia Court, stated he was not opposed to the rate increase, but he personally did not like the channel selection ortprogramming as presented by CCCC on the present cable television He then submitted a list of channels and programs that he would like to see on cable television He particularly felt that full -time educational channels should be provided San Luis Obispo citizens, particularly the San Francisco channel which now shares the cable with a commercial station in Oakland so that sporting events could be brought into San Luis Obispo Joe Hample stated that he was opposed to rate increase requested bN CCCC He felt the rate that they now charged was too high Roy Steffica would like CCCC to give some consideration to two types of service charges One for die normal subscriber, and one for senior citizens Maynard Marquardt was opposed to the rate increase He felt that programming first should be improved before -any consideration is given to increased rates Lloyd Lamorit, 281 Hathway, was opposed to the rate increase without a studv by a citizens committee to see if there was some way of getting better programming Ed Zuchelli, 1667 Royal Way, felt cable T V programs could be improved, but he did feel that a rate increase was justified Mayor Schwartz declared the public hearing closed ' R Muravez, Assistant Director of Finance, again reviewed the report of the City Finance Department recommending a rate increase to the cable television company He stated that a review of the financial statement for the past five years revealed a fluctuating profit margin on CATV operations, from 3 2 percent of gross revenue to 24 7 percent before taxes Over the five -year period the average margin was 13 7 percent of gross revenues However, the return on investment was what kept business in business A comparison of 1974 before taxes income against the book depreciated value of fixed assets and prorated current assets revealed a return of 14 3 percent It should be noted, however, that the current cost of capital to CCCC was 12 5 percent, which left a before tax margin of only 1 8 percent Based upon this and current cost trends, their conclusions that CATV operations would only break even in the next year had a high degree of validity On this basis, he felt that a rate increase was justified Councilman Gurnee stated ]he felt he had received more complaints regarding cable television than anv other service provided in the City of San Luis Obispo He felt the figures presented showed a need for rate increase, but he felt that no action should be taken by the City Council on the request this evening The franchise should be opened up and programming improved He also felt that no increase should be made to citizens over 65 years of age He also felt that an installation charge should be made within the City of San Luis Obispo rather than a deposit, which he felt might help CCCC keep their cost down Councilman Norris stated he felt that a rate increase was justified based on the figures presented He felt that the service was good, and he felt that he would rather stick to a refundable service charge rather than a one -time installation charge He also felt , that CCCC tried to provide good cable television service, and further, he would have no objection to the cable company reviewing their programming to make more people satisfied While he agreed with the thought to reduce the rates for senior citizens, he felt that the additional bookkeeping and accounting necessary would just add cost to the operation of the cable company City Council Minutes July 15, 1974 Page 3 Councilman Brown stated he felt CCCC should look into adding installation charges to see if dus would help their revenue picture He also felt they should look into programming changes as suggested He felt that an increase was justified, but would like to continue the matter to the August 5 meeting for further information on installation charges and program changes Councilman Graham felt that a rate increase was justified, but would like to see some consideration for senior citizens and other people on fixed incomes , so that they could continue to receive cable television He, too, would like to see this matter be continued so that CCCC could come back with suggestions on a special rate for senior citizens and program changes if possible Mayor Schwartz stated he felt that the evidence showed a rate increase for CCCC was justified He felt that labor and material costs as shown, that costs had gone up and profit had gone down He felt the suggestion to consider an instal- lation charge might help CCCC in their search for additional revenues He, too, felt that some program changes were in order, particularly, in bringing full - time educational channels into San Luis Obispo Mr Hapgood, General Manager, CCCC, stated that under the federal communication regulations dated 3/1/72, they were the only agency that could approve any channel changes Therefore, neither CCCC or the City Council could change the stations covered He also wished to make the Council aware that if an application were made to the FCC for program changes, it was their opinion that the FCC would reduce the number of stations on the cable, as they were attempting to make a uniform type of cable service to subscribers It was his opinion that the CCCC cable in San Luis Obispo would be reduced to the three major networks, each having one channel, one independent channel and an educational channel, which would take a nurrb er of selections now on theicable off in this area The Attorney for CCCC felt that, based on financial records presented changing to an installation charge rather than a deposit would not increase revenues to any extent Also a special rate for fixed- income individuals would be an administrative headache for the company to manage On motion of Councilman Gurnee, seconded by Councilman Graham that this matter of rate increase be referred to the Citizens Advisory Committee to see if a rate increase was justified, and further to look into 1 Need for microwave improvements 2 Possibility of program changes 3 Possibility of a reduced monthly service charge for citizens over 60 years of age _ 4 Clarification of the definitions of household and commercial service outlets 5 Consideration of initiating a service installation charge rather than the present deposit and /or monthly rate increase, and 6 The impact of having all households stay within the $4 60 per month bracket, with the Citizens' Advisory Committee to bring a report back to the City Council within thirty days Motion lost on the following roll call vote AYES Councilmen Graham -and Gurnee' NOES Councilmen Brown, Norris and Mayor Schwartz ABSENT None City Council Minutes July 15, 1974 Page 4 Councilman Brown stated that he was opposed to referring this important matter to the Citizens Advisory Committee He felt that CCCC should make the report to the City Council witli the City Council making the final decision Councilman Norris stated he too was opposed to referring this matter to the Citizens' Advisory Committee He felt the City staff and CCCC should come up with the required information Mayor Schwartz also felt additional information should be provided by CCCC for staff review On motion of Councilman Graham, seconded by Councilman Gurnee that the City staff and representatives of CCCC gather additional information on the request for cable T V rate increase to include the following Justification for microwave improvements Possibility of institutmg program and channel changes to bring in full -time educational channel Possibility of a reduced monthly service charge for citizens over 60 years of age Clarification of the definitions of household and commercial service outlets Consideration of initiating a service installation charge rather than the present deposit and /or monthly rate increase , and The impact on CCCC revenues if all domicile residences were charged the $4b0 per month service fee with the completed report to the City Council by August 5, 1974 Motion carried on the following roll call vote AYES Councilmen Graham, Gurnee, Brown, Norris and Mayor Schwartz i NOES None ABSENT None 2 A J Shaw, City Attorney, reviewed for the City Council his letter of June 21, 1974 dealing with the claim for unpaid wages by the Police Officers' Association He stated that he had reviewed the claim which had been signed by fifteen officers under penalty of perjury, alleging that the City owed them three years' back wages for an extra fifteen minutes worked each day This "extra work" was based upon the officers' allegation that they "work" during their half -hour lunch period because they are "on -call' - Under the law as it has existed up to now in California the City Attorney stated that he did not believe that their money claim had any substantial validity because California law has consistently held that public employees are entitled only to such compensation as is specifically authorized by ordinance, resolution or other rule or regulation of the , public agency However, beginning January 1, 1975, the provisions of the Federal Fair Labor Standards Act would control the calculation of the number of hours actually worked by public employees City Council Minutes July 15, 1974 Page 5 Since the adoption of the FLSA in the 1930's, the federal government had considered various claims by employees that they should be paid for their lunch hour time because they actually worked during their lunch hour Although there were no firm guidelines, it seemed that the cases had usually been decided upon the question of the frequency of the interruption of the employee's lunch period for the purpose of performing duties connected with his lob He continued that the Police Officers' Association maintains that since they attended a mandatory fifteen - minutes squad meeting before each dailv shift and were on call during their lunch break, they actually worked 8 -1/4 hours a day The City contenddd_that the :i officer s•actually worked only 7 -3/4 hours of the day (8 -1/4 hours minus the 30 minute lunch period) The City Attorney suggested to resolve this dispute and to avoid violating the Federal Fair Labor Standards Act that the City have its officers report for 8 hours of actual on duty patrolling, and take a half hour meal break by returnmg their police unit to the police station and then have the half hour free E L Rodgers, Police Chief, stated upon question that the new procedure pro- pose would add further damage to an already poor morale in the City Police Department He felt that in an emergency one of the administrative personnel could help the on -duty officers as back -up Upon further question, the Chief admitted that the meal problem existed now except that the officers at lunch did have a City owned vehicle with them at all times wherever he went to eat and could be called back if necessary The Chief concluded that since the City normally only had four patrol units in the field at any one time, the new policy of requiring police officers to take their meal periods away from the police cars would leave six hours in the twenty -four hour day when only three units would be on patrol R D Miller, Administrative Officer, read for the Council's information e efhnitions of meal period from the Federal Fair Labor Standards Act under which the City of San Luis Obispo-now must comply Mayor Schwartz declared the public hearing open Richard Carsel, Attorney for t1E San Luis Obispo Police Officers' Association, complimented the actions of Police Chief Rodgers and his support of the Police Department of San Luis Obispo He then reviewed a 1972 California case (L A Fire & Police League v City of L A - 23 Ca367) dealing with meal time for police officers, and he stated that unless a police officer was com - pletely relieved from duty for his meal period, then it was his opinion that the officer was on duty and had to be paid for such duty Further, he felt that if the officer was relieved from duty the City was actually losing the services of one patrol car Therefore, he felt that the City Council was not doing a service to the Community in providing adequate police protection He then asked that the City Council reject the proposal of the City Attorney to change the working conditions of the Police Officers dealing with their meal breaks Officer Ed Martin, President, Police Officers' Association, read a letter dated July 12, 1974 from the Police Officers' Association to the citizens of San Luis Obispo asking them for public support on the issue of bemg paid for the police officers' meal times ! i_. ' Policeman Robert Downey,read a letter from Mary and Paul C Hasson, 390 Cerro Romauldo, San Luis Obispo, supporting adequate pay and improved working conditions for police officers He agreed with the comments that the morale in the Police Department was at a new low, and if the new rule was implemented, it would sink even lower He also stated that he felt by reducing this on -duty time, the Council was placing the citizens in jeopardy and his particular life in danger im Hensle stated that he was in support of the Police Officers' position for time -an a- if for each fifteen minutes of overtime worked daily Mrs Robert Downey, stated she was in support of the police officers' request or pay during meal period City Council Minutes July 15, 1974 Page 6 Helen King stated she too was in support of the police officers' request to be paid for lung periods that should be on -duty for the full eight hours Joe Little, President of the County Sheriff Officers' Association stated that all deputies were paid during their lunch hours, and he could not imagine how it could be done otherwise Larry Gay, 130 Broad Street, stated he too was in support of the Police Officers' request to be considered on -duty during meal periods Ron Bryant, Police Officer of Morro Bay, felt that police officers should be on duty during their lunch periods, and that they also should be paid for this time Ken Jones, Santa Rosa Street, spoke in support of requests foi the police officers to be paid for their meal periods and not be off -dutv Shirley Souza, Mustang Drive -In, Foothill Blvd , felt that police officers should be paid for their meal periods She felt that back pay should be paid to be fair to everyone John Da le stated he was in support of the Police Officers' Association claim for back pay and also felt they should be paid for their meal times Dennis)diansen in support of the Police Officers' claim for back pay, and he also felt they should be paid for meal periods He felt that the police morale in San Luis Obispo should be improved as lie understood that at the present time it was quite bad Mayor Schwartz declared the public hearing closed E L Rodgers, Police Chief, again explained the existing meal policy of the , Police Department of San Luis Obispo I Richard Carsel, Attorney for the Police Officers' Association, asked that all they were asking was that the City not implement the proposed changes in working hours A Shaw, City Attorney again explained the reasons for considering a change in the mea periods for Police Officers due to the recent claim filed and the provisions Of the Federal Fair Labor Standards Act E L Rodgers, Police Chief stated that if the City Council adopted the new hours and if the program were implemented, lie would like to see three new police officers, one per shift added to cover meal times Councilman Gurnee stated he was opposed to the proposed change in working hours due to the proposal to relieve policemen for meal periods He urged the City Council to reconsider the direction to the negotiating team and allow time and one -half for all hours worked over eight hours He felt that the City Council should reject the staff proposal and order theCity staff to go lack to the negotiation table and give police officers a ten percent salary increase, and time and one -Half for overtime Councilman Norris stated that he did not feel that there was any hostility betwden the City and the Police Officers' Association, but just a question of whether the police officers worked 7 -3/4 hours per day as the City contended or 8 -1/4 hours per day as the Police Officers contended He wondered if they should be paid on the days they worked their lunch hour and not paid when they were not called back , A J Shaw stated that he believed that under the Federal Act, the City will be required to pay officers for "on -call" lunch hour periods, whether or not they are actually called out Therefore, the policy should be that they either are on duty or off duty, not a combination of work and non -work City Council Minutes July 15, 1974 Page 7 Mayor Schwartz questioned the timing on the claim dealing with meal periods _ as he had een practice foi over twenty years, and he wondered why the claim was filed at this time He continued that the conditions of employment in the Police Department had been known for many years by all men employed by the City Police Department which involved the one -half hour lunch periods and the fifteen minute briefing period before going on shift He concluded he did not feel that the City Council had all the information needed to make a decision on this matter at this time such as 1 Future costs of the extra fifteen minute work day, and 2 How many times in the past were meal periods interrupted and the police officers called back Councilman Graham stated that based on the evidence presented he would reject the propose new working conditions as proposed by the City staff On motion of Councilman Gurnee, seconded by Councilman Graham 1 That the City Council table consideration of working condition changes, 2 The staff bring back cost of paving officers for 8 -1/4 hours per day on a straight -time basis, and also on a time - and - one -half basis, 3 How many times in the past five years have lunch periods been interrupted during the work day Motion lost on the following roll call vote AYES Councilmen Gurnee, and Graham NOES Councilmen Brown, Norris and Mayor Schwartz ABSENT None On motion of Mayor Schwartz, seconded by Councilman Brown that consideration ing condit of the workion changes be continued to August 5, 1974, that the staff bring back the cost of paying officers 8 -1/4 hours per day on a straight -time basis, and also on a time - and - one -half basis, and also how many times in the past had Lunch periods been interrupted during the work day Motion passed on the following roll call vote AYES Mayor Schwartz, Councilmen Brown and Norris NOES Councilmen Graham and Gurnee ABSENT None 3 Continued discussion by the Citv:Council of the County,Board of Supervisors' action in rezoning the Danlev property on Edna Road Continued from July 8, 1974 Councilman Gurnee stated that following the meeting of July 8 during which the Danley rezoning issue was discussed by the City Council, he felt the Council action recommended in his proposed resolution could be more clearly stated and simplified City Council Minutes July 15, 1974 Page 8 He continued that in view of the Council's division over the two action clauses of the original resolution, the issue of land development in the urban fringe and methods to require the County to comply with the General Plan should be dealt with separately Therefore, he was now proposing two new resolutions for the Council's consideration, each built around one of the two action clauses of the original resolution He continued that at the July 8 meeting the "WHEREAS" clauses of his original resolution Upset some of die members of the City Council, he felt these clauses reflected his own opinion and served as verbal justification for the proposed action of the Council Since the first resolution attached for consideration this evening was built around ' essentially the same clauses, they served as his justification for proposing these actions Resolution 1 embodies and expands upon the first action with the following changes 1 While this resolution was build around the "WHEREAS" clauses of the original resolution, these clauses had been softened, but not so much as to compromise the proposed actions 2 The action clause had been expanded A to include a request to the Countv to rescind their rezoning of the Danley property, B to lend increasing importance to finding a vehicle whereby both the City and the County would have a parity of power in controlling development within the urban fringe, C L to expand upon the "minimum" conditions which must be met before City services would be extended to a development nrnv in unincorporated territory Resolution 2 as proposed by Councilman Gurnee was a request for action by the , Attorney General to require the County to comply with its General Plan and differed from the original resolution as follows 1 The basic change in this resolution was that of devising another set of "WHEREAS" (clauses to support the particular resolution These clauses were worded in such a way as to maximize the chances for the Attorney General to honor the City's request for this intervention Councilman Gurnee then read for the Council's information both resolution 1 and 2 as amended for their consideration The City Clerk presented a letter from the Department of Administrative Management, Airport Land Use Commission, stated that it had been called to their attention that the City Council was in the course of hearings on land uses in the area of San Luis Obispo airport, and there apparently had been some confusion as to the regard of the plannmg by the Airport Land Use Commission This letter was to advise the City Council that the official Airport Land Use Plan for the San Luis Obispo County Airport was formally adopted after public hearings by the Airport Land Use Commission on December 12, 1973, in accordance with Section 21675 of the Government Code Copies of the Plan were distributed to the City Council and a presentation explaining the Plan was made to the City Council on March 18, 1974 The Plan was effective upon its adoption by the Airport Land Use Commission and did not require the endorsement or adoption by the Board of Supervisors or any City Council As to the legal affect of the plans adopted by the Airport Land Use Commission, they respectfully directed the City Council's attention to Section 21675 of the Government Code City Council Minutes July 15, 1974 Page 9 �r The City Clerk then read a letter for the Council's consideration from the Environmental Center of ,San Luis Obispo, signed by the Chairperson, Elizabeth H Webre, enclosing a resolution of the Board of Directors of ECOSLO supporting a resolution of the Council of the City of San Luis Obispo advising the County Board of Supervisors and the state agencies that the City did not feel obligated to provide water and sewer service to a forty acre real property parcel recently zoned industrial by the County of San Luis Obispo, and requesting the Attorney General to investigate said rezoning The Environmental Center was greatly concerned that sound planning policies be followed by the City Council It was obvious that the decision made by the County Board of Supervisors was inconsistent with the General Plans of both the City and the County of San Luis Obispo They strongly urged the City to support the formation of a joint City-County Planning Board to preside over development and planning withing the urban reserve lines If this policv was adopted through mutual planning and decision making, problems such as the Danley might no longer exist Councilman Brown stated that he�felt the discussion of the Danley property involved technica sties of state law in that all zoning must comply with an adopted County and City General Plan Robert Stron Planning Director,- reported that both the 1965 General Plan a opted y t e County as well as the City) and the 1972 City General Plan (adopted only by the City) show the Danley property as low density residential uses He then reviewed for the City Council both Use County and City General Plans and also the Airport Land Use Plan in the vicinity of the airport The Airport Land Use Plan designated agricultural certain residential and industrial uses compatible Councilman Norris asked if the latest letter and resolution of Councilman Gurnee had 56—en--T-Stributed to the public Councilman Gurnee stated "no ", that only the City Council had received the new information Fred Stron , Executive Secretary of Citizens' for Environmental Balance and m1E conability, spoke in support of the County action in rezoning the Danley property to industrial uses He objected to the implication of the resolutions proposed by Councilman Gurnee in calling for help from the State Attorney General and also references to the Water Quality Control Board action He stated he felt this was an attempt by Councilman Gurnee to blackmail the County by proposing the refuse to serve the properties with City services such as sewer and water He also objected to the other, provisions of the proposed resolutions as he felt that they did not present factual information, were unrealistic in demanding that the County Government turn over control of County land for Citv decision making He felt that these resolutions were unnecessary and were an attempt to ursurp the power of the County of San Luis Obispo Don Rosenfield, ECOSLO stated that he was in support of the resolutions opposing the rezoning of the Danley property Ann Shoup, Tanglewood Drive, stated she was opposed to the County action and supported the adoption of the resolutions as presented Dr Fields stated that if this rezoning in fact was illegal, and if the action of the Supervisors was illegal then the City Council must support the resolution and stop the rezoning and make the supervisors comply with state law City Council Minutes July 15, 1974 Page 10 Don Smith stated he was opposed to the action of the Board of Supervisors as he felt it was an illegal act in rezoning the Danley property He urged support of the resolution Dan Hoffineister, Serrano Drive, was opposed to the Danley rezoning and, urged Council to support the resolutions in opposition Roy Garcia Edna Road, stated that he was in support of the Danley rezoning He ' felt that this was the only way for a property owner to pay his taxes and to recoup his investment in the land He felt the County Planning Commission and Supervisors did the right tlungiin,rezoning this property Joe Cardoza, Edna Road, stated that he was in support of the County action of rezoning the Danley property He felt it was unfair for a City to continue to stop development in the County area He felt it was only fair to property owners to be allowed to develop their propertv to their best use and he further felt it was unfair for a small group of citizens to stop all development in the County of San Luis Obispo Charles Wiswell, Swift Aire, stated that he was in support of the action of the County in zoning the Danley property for industrial uses He felt that this use would be better in the vicinity of the airport than residential use in order to avoid future conflict between flights and residences Joe Cresione, member of the Airport Land Use Commission, stated that his com- mission supports the action of the County in rezoning the land adjacent to the airport to industrial uses He continued that the Airport Land Use Commission felt that commercial, industrial, agricultural uses were compatible to the airport and that residential properties and developments were not And they, therefore, would oppose residential uses near the airport Althea Meister, property owner, stated she was in support of the County action in zoning he Danley property to industrial .uses She assured the City Council that this land was not suited to intensive agricultural uses ' W L Danley, property owner, read for the Council's information die regulations that the Airport Land Use Commission must follow in general planning of land adjacent to airports He felt that under the rules of the Airport Land Use Commission that they had the final say as to the uses in the sphere of influence of the airport He felt that the Board of Supervisors had complied with the state directives He then reviewed for the City Council his attempts to develop and annex his property on Edna Road to the City of San Luis Obispo He concluded by objecting to the tactics of Councilman Gurnee to stop any use that could be made of the land he owned All he asked was that the City Council leave him alone and allow him to develop Ills property under County laws and regulations Jim Philbin, President, San Luis Obispo Pilots' Association, stated that he was in support of the County action in rezoning the Danley property for industrial uses He felt that industrial was a logical use of land adjacent to an active public airport Mayor Schwartz declared the public hearing closed The City Council discussed the testimony received on the action by the Board of Supervisors in rezoning the Danley property to industrial uses Councilman Norris stated he was in support of the County Board of Supervisors' action in rezoning the Danley property for industrial uses He felt this was a logical use of land, and he was opposed to the use of this land for residential purposes He was also opposed to the Council adopting the resoltuion before them at this time i City Council Minutes July 15, 1974 Page 11 Councilman Brown stated he was opposed to the resolution asking for the Attorney General to come into the act He would support a resolution notifying the Water Quality Control Board and the County Supervisors that the City would not serve sewer and water to this property He felt the industrial zoning was more logical near the airport, and he was sure this would be supported in court ' Councilman Graham stated he was opposed to the rezoning of the Danley property for in ustrial uses, until the City's new General Plan had been completed He would support the resolution notifyingithe County that the City would not support property with sewer or water Mayor Schwartz stated as he saw the problem, it was tie adoption of a zoning change in conflict with adopted City and County General Plans He stated he would support an inquiry to the Attorney General as to procedures in zoning law in the vicinity of the airport He felt the County Supervisors were inconsistent in rezoning the Danley property in opposition to conditions of an existing adopted General Plan He did not support the resolution as presented by Councilman Gurnee He suggested a resolution asking the Attorney General for interpretation of state law as it related to action of the Airport Land Use Commission, the County Planning Commission, and the Board of Supervisors in rezoning property in the vicinity of San Luis Obispo Airport Councilman Gurnee again urged his fellow councilmen to adopt a resolution urging action by the Attorney General as he felt this rezoning was in violation of state law On motion of Councilman Brown, seconded by Mayor Schwartz the following resolution was introduced, A resolution requesting an interpretation from ' the Attorney General as to the state laws relating to actions of the Airport Land Use Commission when it violates an adopted County and City General Plan Motion lost on the following roll call vote AYES Councilman Brown and Mayor Schwartz NOES Councilmen Graham, Gurnee and Norris ABSENT None On motion of Councilman Gurnee, seconded by Councilman Graham thej following resolution was introducted A resolution advising the County Board of Super- visors and state agencies that the City does not feel obligated to provide water and sewer service to a forty acre real property parcel recently zoned industrial by the County of San Luis Obispo Motion lost on the following roll call vote AYES Councilmen Gurnee and Graham NOES Councilmen Brown, Norris and Mayor Schwartz ABSENT None ' On motion of Councilman'Graham; seconded by Councilman Norris the following resolution was introduced A resolution requesting the County to hold action on the Danley rezoning until the City had received its preliminary General Plan studies from the consultant and also City to ask the District Attorney to ask the Attorney General for clarification of the action involving the Danley rezoning with the Airport Land Use Commission City Council Minutes July 15, 1974 Page 12 12 25 A M Councilman Gurnee left the meeting Motion lost on the following roll call vote AYES Councilmen Graham and Norris NOES _ Councilman Brown and Mayor Schwartz ABSENT Councilman Gurnee , On motion of Councilman Brown, seconded by Mayor Schwartz the following resoltuion was introduced,- RESOLUTION NO 2634 (1974 Series), a resolution of the Council of the City of San Luis Obispo asking the City Attorney to obtain an opinion from the Attorney General concerning the effect of a Land Use Plan adopted by the Airport Land Use Commission upon the consistency of County zoning actions in relation to a County General Plan Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham and Mayor Schwartz NOES . Councilman Norris ABSENT Councilman Gurnee 4A David Williamson, Assistant Administrative Officer, reported to the City Council on the prior action of acceptance of public improvements in conjunction with Tract 467, Unit 1 (Los Verdes Park) At a prior Council meeting, the City Council approved the off -site improvements and the on -site development of the Unit 1, subject to depositing necessary fees by the developer, Warren Dolezal, to cover the developer's share of the off -site improvements in sewer, water, street, etc ' The Assistant Administrative Officer reported that the City had received bank guarantees and cash deposit of $113, 956 92 Of this figure, $97,378 58 had been spent, leaving a balance or credit on hand of $16,578 34, with an estimate of the developers share of $22,000 more or less to complete the improvements This amount of funds were now on hand.with the credit and a cash deposit by the developer Therefore, the City staff reported that the condition set by the City Council had been met and the tract could be accepted and occupance allowed as the individual units were cleared by the Building Department On motion of Councilman Brown, seconded by Councilman Graham the meeting adjourned to 12 00 noon Tuesday, July 16, 1974 to complete the balance of the agenda Motion carried, Councilman Gurnee absent APPROVED September 16, 1974 FntG�ic , City Clerk Pledge Roil Call MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JULY 16, 1974 - 12 10 P M CONFERENCE ROOM, CITY HALL Present John C Brown, Myron Graham, T Keith Gurnee, Jesse Norris and Mayor Kenneth E Schwartz Absent None City Staff Present J H Fitzpatrick, City Clerk, R D Miller, Administrative Officer, A J Shaw, Jr , City Attorney, D F Romero, City Engineer, David Williamson, Assistant Administrative Officer, Wayne Peterson, Assistant City Engineer, Robert Strong, Planning Director 4B Continued consideration of the approval of the final map and subdivision agreement for Garden Homes, Los Verdes Park, Tract 467, Unit 2 Continued from July I, 1974 D F Romero, City Engineer, submitted a report relative to flood waters displaced by fill proposed in Tract 467, Unit 2 as evidenced from the 1973 flood The City Engineer presented a cross section drawn to scale of the waterway area opposite the lowest end of Unit 2 He stated the cross section showed the area between the north -bound off -ramp to the Los Osos interchange and beyond the limit of flooding in Garden Homes By the City's analysis, flood waters within the area proposed to be filled, provided for 17 cubic feet /second of the total of 15,200 c f s which passed this point during the 1973 storm He felt this was approximately one -tenth (1 /10) of one percent (1 %) of the total flow He continued that if these waters were prevented from flowing across that portion of Tract 467 proposed to be filled, that the resultant raise of the flood levels for the entire area would not be measurable He felt the flood levels could be lowered in this area by allowing cattle or sheep to graze on the flood plain, thus improving the flow characteristics due to clearing out of undesirable brush, debris and long grass He also submitted a letter from the State Department of Transportation which indicated that they felt no concern with the fill within Tract 467, and its effect upon their highway and highway property Robert Strong, Planning Director, again reviewed his report of June 27, 1974 regarding the final map and subdivision agreement Tract 467, Unit 2 He stated that it was his evaluation that the project had advanced to final stages of planning with only minor alterations to the preliminary grading plans considered more than one and one -half years ago He felt that modifications had generally reduced the amount of earthwork involved He felt the inherent problem was observed two years ago with the City Engineer advised that the initial design of the planned development was not appropriate to the existing terrain Despite this initial advice, the City had approved numerous refinements to the proposal and authorized removal of material from Unit 2 to supply fill for UniT I and backfill for related sewer and water construction The damage which might have been avoided by a more appropriate design which better fit natural terrain was done, and the natural terrain was no ZnnC City Council Minutes July 16, 1974 Page 2 longer evident Robert Strong stated, that from a practical perspective, there was little option but to allow further grading, and the approved plan required substantial terracing to accommodate the cluster housing proposed He felt that while a total redesign might accomplish a reduction in grading, this would imply starting the design from the beginning Regardless of redesign, considerable earthwork would be necessary to regrade the excavated areas to a condition which would accommodate development Although the EIR made brief reference to grading in the area west of the project, it provided no detail regarding the extent of "off- site" fill, the impact of such additional deposits upon flood plain capacity, displacement of flood waxers To other properties or other related, potential adverse environmental effects He concluded that there were, however, other areas which were not flood prone on which the excess material could be deposited, and, with further study, the proposed off -site grading might be shown to involve only insignificant effects with proper mitigation measures It was his recommendation that the final map for Tract 467, Unit 2, conformed to the approved precise plan and tentative map, and the staff suggested that the Council accept the final map and subdivision agree- ment, subject to the condition that any off -site grading shall be a separate and independent consideration Councilman Gurnee stated that he was still opposed to the proposal To move dirt from Unit 2 to the adjacent property He felt that this would be a poor precedent and detrimental to the environment He felt that 60,000 yards of dirt was too much to move into a flood plain He stated that he was opposed to development of Unit I, and was more strongly opposed to the development in Unit 2 Councilman Brown felt that unless the flood plain was not affected by the development, he could not support the development He felt that the Engineer's report cleared up this matter for him, and he would support the development of Unit 2 Councilman Graham felt that Unit 2 was acceptable, but, he felt That the Council must some day face the issue of grading in the flood plain and the re- alignment of San Luis Creek in this general area Councilman Norris felt the movement of dirt was not adverse and what was important was the result of the development for the citizens of San Luis Obispo and the amenities for the residents of the tract He felt he could support the approval of Unit 2 of Tract 467 Mayor Schwartz felt the Council approved the preliminary plan for Units I and 2, and he was satisfied with the development of Unit I He did not realize in the preliminary plan that such a Tremendous volume of dirt was to be moved on the site and additional dirt off The site He felt the report of the City Engineer cleared up the flood problem to Unit 2 to his satisfaction, and he would approve the final map of Unit 2 and also the subdivision agreement On motion of Councilman Norris, seconded by Councilman Brown that the City Council accept and approve the final map of Tract 467, Unit 2 and the subdivision agreement as amended by the CITY Council Motion carried on the following roll call vote City Council Minutes July 16, 1974 Page 3 AYES Councilmen Norris, Brown, Graham and Mayor Schwartz NOES Councilman Gurnee ABSENT None The action of the City Council included a grading permit for Unit 2, and they overruled the recommendation of the Architectural Review Commission and the Waterways Planning Board as far as it applied to grading at the western boundary of Unit 2 Regarding "off- site" grading, A J Shaw, City Attorney, read section 8120 of the Municipal Code suggesting that the City Council could not under this ordinance authorize the moving of dirt onto adjacent property unless the property owner could establish the existence of the conditions set forth in the ordinance Warren Dolezal, Developer of Tract 467, requested City Council approval of a grading permit to move dirt from Unit 2, Tract 467 to the adjacent property which was not under development at this time Mr Dolezal reviewed for--the City Council that he had a tentative map filed with the Planning Commission for development not only of Units I and 2 of Tract 467, but also the adjacent Tract which was planned to be high�iay commercial He continued that the fill would be required to enable future development and that this grading was surplus dirt from Units I and 2 Future proposed commercial development would also require improvement and re- aligning of San Luis Creek running through the property He concluded that the EIR prepared for Tract 467 included grading of the property proposed for commercial development adjacent to Units I and 2 of Tract 467 He, therefore, again asked that the City Council grant permission to place excess material from Unit 2 grading operation on the adjacent property in accordance with the tentative plans submitted Robert Strong, Planning Director, stated that the prior EIR did not sufficiently discuss the "off- site" grading proposed and that the Council should first determine whether, pursuant to City ordinances, any off -site grading would be acceptable to the City He suggested that this matter be referred to the Architectural Review Commission for review and recommendation, and also to the Planning Commission for determination on the requirements of an EIR submittal, if the Council would consider off -site grading acceptable in concept David Williamson, Assistant Administrative Officer, reminded the City Council of the implication of the federal flood Insurance Program on development in areas classified as flood prone After discussion by the City Council, it was the consensus that the Council take no action on Mr Dolezal's request to move dirt from Unit 2 to the adjacent property until a full staff report was made on the request by the developer and to see if the property met pre- scribed exceptions 5 Discussion of the League of Women Voters' proposal for the City Council to change the election date for Municipal Elections from the third Tuesday in April in the odd numbered year to the first Tuesday after the first Monday in March of the odd numbered years, in order to coincide with recently enacted state law establishing state -wide election dates for school districts in California City Council MinUTes July 16, 1974 Page 4 Mrs Robert Pederson, President, League of Women Voters, appeared before the City Council in support of the Leagues' request for a change in City election date On motion of Councilman Gurnee, seconded by Councilman Graham the following resolution was introduced RESOLUTION NO 2639 (1974 Series), a resolution of the Council of the City of San Luis Obispo giving notice of a Special Municipal Election to be held Tuesday, November 5, 1974, to vote upon a proposed charter amendment changing the date of the General Municipal Election for City elective officials to coincide with the date mandated by State Law for School Board Elections, and to establish the first day of April as the date of taking office Passed and adopted on the following roll call vote AYES Councilmen Gurnee, Graham, Brown, Norris and Mayor Schwartz NOES None ABSENT None 6 Memorandum from John Quirk, Assistant Director of Water Services, requesting that the City Council approve a notice of water use restrictions in the Los Osos Valley and Zone I due to increased demand at this time of the year and the existing systems deficiencies He recommended that the following conditions be implemented I Use of water through hydrants for construction projects be limited to the hours of 1 00 P M through 4 00 P M 2 That specific days be scheduled in advance and verified with water and fire departments 3 That if water usage through hydrants caused excessive pressure loss the operation should cease 4 That the area covered by these restrictions include the major portion of the old town area which lies within Zone I 5 Use of water for residential or commerical irrigation be limited to the hours of 9 00 P M and 6 00 A M 6 That these restrictions remain in effect until pressure monitoring stations within the zone indicate an easing of demand and acceptable pressure levels R D Miller, Administrative Officer, stated that it was understood that this proposal to restrict water use would be on a voluntary basis unless wide- spread abuses occurred On motion of Councilman Gurnee, seconded by Councilman Graham the recommen- dation of water use restriction in Los Osos Valley and Zone I was approved 7 Memorandum from John Quirk, Assistant Water Director, forward- ing quarterly projects priority list, Council Resolution No 2435 (1973 Series) for water improvements and cooperation by the City as follows PROJECT I R H Sterling Serrano Drive Palomar 450' Westerly PROJECT 2 J E King Serrano Drive Broad Street to Palomar Approximately 715' City Council Minutes July 16, 1974 Page 5 $4,520 00 $6,148 00 On motion of Councilman Graham, seconded by Councilman Gurnee that the two priorities submitted by the Assistant Water Director be implemented and approved Motion carried 8 Wayne A Peterson, Assistant City Engineer, supervnsing the Edna Saddle Site Preparation and Tank Erection submitted proposals from consulting engineers from Penfield 8 Smith, Buena Engineers, Dames 8 Moore and Jennings, Bartlett 8 Associates for professional services involving the Tank Site Preparation and Tank Erection He recommended that the City Council accept the proposals as follows Penfield 8 Smith to provide construction inspection as described in their letter of May 8, 1974, estimated cost of $20,000 2 Buena Engineers, Inc , to provide grading and backfill testing, concrete testing, qualifications of welders, radiographic inspection of welds and painting, and leakage inspection as required by the construction inspector, estimated cost for services $13,200 3 Dames 8 Moore to review the geologic and hydrologic conditions at appropriate times during construction as called for by the construction inspector, estimated cost for the services $1,500 4 Jennings, Bartlett 8 Associates for construction staking and cross sectioning as called for by the constructing inspector, estimated cost for services, $9,000 Councilman Norris objected to retaining Buena- Engineering, Inc to provide grading and backfill testing, concrete testing, etc instead of Central Coast Labs, which was a local firm and which he stated-would do the work much cheaper than Buena Further, he felt the City should go with a local engineer, Mr Williams After discussion by the City Council, it was moved on motion of Councilman Brown, seconded by Councilman Norris that items I, 3 and 4 be approved as recommended at the estimated mst, and that item 2, Buena Engineers be continued for a further information from City staff Motion carried City Council Minutes July 16, 1974 Page 6 9 At this time the City Council considered the adoption of a resolution of intention to initiate nuisance abatement proceedings for obstructions in the creek at 546 Higuera Street, Mission Trailer Park, Hazard owners The creek obstruction was a sewer line over San Luis I Creek at the Trailer Park on the recommendation of the Waterways Planning Board On motion of Councilman Gurnee, seconded by C following resolution of intention was adopted (1974 Series), a resolution of the Council of Obispo finding that exposed sewer line in the premises at 546 Higuera Street may constitute ordering a public hearing concerning same and :)uncilman Brown the RESOLUTION NO 2640 The City of San Luis creek and upon the a public nuisance, and The abatement thereof Passed and adopted on the following roll call vote AYES Councilmen Gurnee, Brown, Graham, Norris and Mayor Schwartz NOES None ABSENT- None On motion of Councilman Gurnee, seconded by Councilman Brown the second resolution was adopted RESOLUTION NO 2641 (1974 Series), a resolution of the Council of the City of San Luis Obispo finding that tree trunks within the creek and upon the premises at 546 Higuera Street may constitute a public nuisance and ordering a public hearing concerning same and the abatement thereof Passed and adopted on the following roll call vote AYES Councilmen Gurnee, Brown, Graham, Norris and Mayor Schwartz NOES None ABSENT None D F Romero, City Engineer presented for the Council's consideration plans and specifications for the STREET RESURFACING PROJECT, City Plan No 47 -74 Estimated cost $139,252 50 (Moneys are available in the Capital Outlay, Gas Tax, Select Roads, and Sales Tax Street Money budgets ) On motion of Councilman Graham, seconded by Councilman Brown that the City Council approve the plans and specifications and authorize the City Engineer to call for bids Motion carried Consent Items C -1 through C -12, except C -5, C -7, C -II, were approved as recommended on motion of Councilman Brown, seconded by Councilman Norris Motion carried C -1 The City Council authorized payment of claims against the City of San Luis Obispo subject to approval by the Administrative Officer C -2 The City Council Minutes of February 4, 1974 and March 18, 1974 were approved as presented City Council Minutes July 16, 1974 Page 7 C -3 The following contract pay estimates were approved Ted Watkins Construction CREEK BANK REPAIRS Est #3 $8,219 14 City Plan No 23 -74 Est #4 FINAL 3,876 29 C 0 #1 529 75 C 0 #2 3,905 88 Dennis Zimmerman STREET TREE PLANTING Est #3 3,936 17 City Plan No 18 -74 Est #4 FINAL 2,156 80 STREET TREE PLANTING Est #1 1,910 89 Tract 460 Est #2 FINAL 212 32 C -4 In accordance with the communication from Ronald Tellefsen, Development Director, Babe Ruth Baseball, regarding the 1976 World Series to be held in San Luis Obispo, the Mayor was authorized to write a letter to the Babe Ruth Baseball Association inviting the 1976 World Series to San Luis Obispo C -5 Memorandum from David Williamson, Assistant Administrative Officer, regarding Administration of the Grading Ordinance in the City of San Luis Obispo A new procedure which would be that the Planning and Building Department supervise and coordinate inspection of all grading and excavations on private property Actual inspection to be done by the Public Works inspectors as had been done in the past and had noted these inspectors would have direct responsibility for the work inspected The Public Works Department would supervise and coordinate all earthwork and grading and excavations on public property The Assistant Administrative Officer further recommended that the City's grading and excavation ordinance be revised on an interim basis until the complete package of regulatory provisions which accompanied the General Plan Map update had been prepared and approved He also recommended that the Public Works Director and the Planning Director be directed to prepare procedures to be implemented immediately on an administrative basis for approximately a month before preparation of final recommendations concerning procedures, policies and standards It was suggested that this approach was preferable to adopting procedures which might in practice prove more difficult to administer Councilman Norris stated that he was not in favor of the plan as proposed by the Assistant Administrative Officer David Williamson, but he was in favor of the concept of reviewing grading projects within the City Councilman Gurnee stated that he was in support of the proposal for a new approach to the grading ordinance supervision at least onia trial basis ' Mayor Schwartz also stated that he was in accord with the proposal as presented on a trial basis On motion of Councilman Gurnee, seconded by Councilman Brown that the City Council accept the new administrative procedures for enforcement of the grading ordinance Motion carried, Councilman Norris voting No C -6 The communication from Betty Y Carpenter commenting on the condition of the Laguna Lake Golf Course was referred to staff for analysis City Council Minutes July 16, 1974 Page 8 C -7 The City Council discussed the request from Alan R Petersen for temporary water service outside the City Limits, north and west of Foothill Boulevard extended After discussion of the Council of philosophy of extending water and sewer service, it was moved by Mayor Schwartz, seconded by Councilman Brown that the City Council deny the request for temporary water service outside the City of San Luis Obispo Motion carried, all Ayes C -8 At this time the City Council concurred to continue final passage of Ordinance No 618 to a future meeting for staff report on fees to be charged for inspection of undergrounding utilities C -9 The request from Dr Wolfe to extend sick leave in excess of one week for Oscar Lamboy was approved by the City Council C -10 A The claim against the City of San Luis Obispo by J T Silva claiming his car was sprayed with oil on High Street was denied by the City Council and referred to the insurance carrier B The claim against the City of San Luis Obispo by Gordon Van Camp for damage done to his left rear fender caused by City Police Unit was denied and referred to the insurance carrier C -II Council consideration of salary step increases for the following people was referred to Executive Session i Michael C Alamo - Sr Recreation Leader From Step 2 or $850 to Step 3 or #898 Neal Alston - Maintenance Man 11 From Step I or $700 to Step 2 or $738 Sidney D Bartholow - Police Officer From Step I or $886 to Step 2 or $934 Mary Belle Caselman - Secretary From Step 4 or $738 to Step 5 or $784 Richard C Colombo - Groundskeeper From Step 3 or $760 to Step 4 or $804 Gail A Davis - Secretary From Step 2 or $660 to Step 3 or $700 Robert J Downey - Police Officer From Step 4 or $1,042 to Step 5 or $1,100 John A Huelsman - Police Officer From Step I or $886 to Step 2 or $934 Brian F Lapworth - Fireman From Step I or $838 to Step 2 or $886 ' Merlyn Van - Mechanic Foreman From Step 3 or $974 to Step 4 or $1,028 David Williamson - Assistant Administrative Officer From Step 3 or $2,016 to Step 4 or $2,126 All salary step increases to be effective August I, 1974 City Council Minutes July 16, 1974 Page 9 C -12 At this time the City Council considered'adoption of a resolution of intention to amend the contract with PERS to provide one -half contingency benefits for fire safety members On motion of Councilman Brown, seconded by Councilman Norris the following resolution of intention was introduced RESOLUTION NO 2635 (1974 Series), resolution of intention to approve an amendment to contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of San Luis Obispo Passed and adopted on the following roll call vote AYES Councilmen Graham, Gurnee, Brown, Norris and Mayor Schwartz NOES None ABSENT None B -I The City Clerk reported on the following bids received for SEWER SIPHONS AND WATERLINE, City Plan No 13 -74 Bids opened July 9, 1974 at 2 30 P M Engineer's estimate, Alternate I - $57,900, Alternate 2 - $60,000 SiMEE'S PLUMBING 8 HEATING Alt 1 $57,110 00 2959 Broad Street San Luis Obispo, CA Alt 2 $59,110 00 CHARLES A PRATT CONST CO Alt 1 $58,179 00 P 0 Box 1295 San Luis Obispo, CA Alt 2 $59,729 00 A memorandum from Paul E Landell, Jr was submitted in which he stated that the low bid from Smee's Plumbing of their alternate bid of $59,110 included a Joint trench and backfill operation with the Southern California Gas Company at Elks Lane He stated the Gas Company had agreed to pay the $2,000 difference, plus one -half of the cost of compliance with the Fish 8 Game regulations at this site One -half would be $875 00 He continued that after discussion with Smee's, it was agreed that two - thirds of the cost of compliance with the Fish 8 Game regulations could be deleted, because if they awarded the contract for the Job, they would run the waterline and sewerline Jobs together and could delete a substantial portion of the work necessary to comply with the regulations This would result in a further savings of $1,172 50 Therefore, the net cost to the City would be $55,062 50, and Mr Landell recommended that the low bid of Smee's Plumbing and Heating be accepted and the contract awarded City Engineer Romero concurred On motion of Councilman Gurnee, seconded by Councilman Brown that the low bid as amended by Smee's Plumbing, Alternate I, be accepted Motion carried City Council Minutes July 16, 1974 Page 10 B -2 The City Clerk reported on the following bids received for MUSTANG VILLAGE GRADING, City Plan No 43 -74 Bids opened July 9, 1974 at 3 00 P M Engineer's estimate - $5,150 JACK S FOSTER 188 Spruce Street $5,755 00 Arroyo Grande, CA CONCO GENERAL ENG CONT P 0 Box 511 $5,950 00 San Luis Obispo, CA R BURKE CORP P 0 Box 957 $7,363 00 San Luis Obispo, CA MADONNA CONST CO P 0 Box 910 $9,250 00 San Luis Obispo, CA WALTER BROS CONST CO , INC $9,646 00 P 0 Box 809 San Luis Obispo, CA On motion of Mayor Schwartz, seconded by Councilman Gurnee that the City accept the low bid of Jack Foster, $5,775, subject to the filing of a supporting E I R statement from the Planning Commission Motion carried, all Ayes B -3 The City Clerk reported on bids received for UNIFORM AND LAUNDRY SERVICE for the City of San Luis Obispo Bids opened July 12, 1974 at 3 00 P M R D Miller, Administrative Officer, recommended that the low bid or Mission Linen Supply of 95¢ per week for a two -piece uniform, and 90C for a one -piece uniform be accepted On motion of Councilman Brown, seconded by Councilman Graham that the low bid of Mission Linen Supply be accepted Motion carried, all Ayes B -4 The City Clerk reported on bids received for VALVES, FITTINGS, REGULATORS AND MISCELLANEOUS MATERIALS for the City Water Department Bids opened July 15, 1974 at 2 00 P M Estimated cost $77,400 ($40,000 budgeted in Capital Outlay item ) R D Miller, Administrative Officer, reviewed the bids received for the City Council, and he recommended that the Central Valley Supply Inc receive the low bid of item no 12 for $18,290 42, that Parkson Inc receive the bid on items 2 through 8 for $48,532 00, and that Western Waterworks Supply receive the bid on item I for $3,500 On motion of Councilman Norris, seconded by Councilman Graham that the recommendation of The Administrative Officer be accepted and that the low bids be awarded Motion carried, all Ayes On motion of Councilman Norris, seconded by Councilman Graham $35,000 was added to the Capital Outlay Budget for additional costs in purchase of valve, fittings, regulators and miscellaneous materials, Agenda Item B -4 The Council also acknowledged a report from the Administrative Officer on the transfer amount needed from the General Fund to Water at the end of the fiscal year to balance the latter account - $44,711 88 This action had been approved during budget discussions with the exact amount unknown at that time City Council Minutes July 16, 1974 Page II The City Council then adjourned to Executive Session ' The City Council reconvened in Regular Session C -II On motion of Councilman Brown, seconded by Mayor Schwartz the salary step increases were approved, but the probationary period of David Williamson was extended, pending his family establishing residence in the city Motion carried, all Ayes On motion of Councilman Gurnee, seconded by Councilman Brown the following resolution was introduced RESOLUTION NO 2633 (1974 Series), a resolution of the Council of the City of San Luis Obispo finding that the public interest and necessity require the acquisition of a site for the placement of a tank for water reservoir purposes and a right of way for ingress and egress and public utility and pipeline purposes to said site and authorizing the City Attorney to initiate condemnation proceedings Passed and adopted on the following roll call vote AYES Councilmen Gurnee, Brown, Graham, Norris and Mayor Schwartz NOES None ABSENT None On motion of Councilman Graham, seconded by Councilman Gurnee the meeting adjourned at 2 40 P M , July 16, 1974 Motion carried APPROVED November 4, 1974 patrick, City Clerk Pledge Roll Call City Staff MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, AUGUST 5, 1974 - 7 00 P M CITY HALL Present John C Brown, Myron Graham, T Keith Gurnee, Jesse Norris and Kenneth E Schwartz Absent None Present J H Fitzpatrick, City Clerk, R D Miller, Administrative Officer, A J Shaw, Jr , City Attorney, E L Rodgers, Chief of Police, Don Sylvia, Fire Captain, Robert Strong, Planning Director, D F Romero, City Engineer I At this time the City Council held a public hearing on Resolution No 2630 11974 Series) a resolution of the Council of thf ' City of San Luis Obispo finding that a public nuisance may exist upon the premises at 319 Branch Street and ordering a public hearing upon the same and the abatement thereof The alleged nuisance consisted of inoperable and unlicensed vehicles (Volkswagen trucks and vans) on the property of Erwin Woelfle See Court Reporter's Transcript, dated August 5 1974, for conduct of the public hearing On motion of Councilman Graham, seconded by Councilman Brown the following resolution was introduced RESOLUTION NO 2642 (1974 Series), a resolution of the Council of the City of San Luis Obispo finding the existence of a public nuisance and ordering the abatement thereof Passed and adopted on the following roll call vote AYES Councilmen Norris, Graham, Brown, Gurnee and Mayor Schwartz NOES None ABSENT None 2 At this time the City Council held a public hearing on the recommendation of the Planning Commission to amend the Zoning Ordinance, Section 9200 36, to reduce parking requirements for various outdoor uses in the C -H zone Robert Strong, Planning Director, presented the recommendations of the Planning Commission as follows City Council Minutes August 5, 1974 Page 2 The Planning Commission took action to recommend to the City Council that Zoning Ordinance Section 9200 36 be amended to require one space per 1,000 square fett for the first 10,000 square feet and one space per 5,000 square feet for area in excess of 10,000 square feet for the following outdoor u sale uses in only the C -H district, except where Planning Commission required additional off street parking pursuant to use permit consideration Uses include farm implements, boats, lumber, plant nursery, building materials, etc The recommended reduction in parking requirements was based on a staff survey of similar cities' parking requirements for these types of uses which revealed the City's current requirement , of- bne',-space-��-r- •1;500 square feet, regardless of whether the use was large or small, indoors or outdoors, appeared excessive The change recommended would establish a reduced minimum parking standard for these bulk sales operations where located in a C -H District, but each proposal would be evaluated pursuant to use permit requirements The revised amendment did not alter the parking for permitted C -H uses nor affect the requirements of the M zone as was previously rejected by the City Council Mayor Schwartz declared the public hearing open Arnold Volny spoke in support of the recommendation of the Planning Commission to amend the Zoning Ordinance in regard to parking the C -H District Mayor Schwartz declared the public hearing closed The City Council discussed in detail exactly what the amendment proposed by the Planning Commission would accomplish Robert Strong explained the studies made by the Planning Department in making their recommendation to the Planning Commission On motion of Councilman Gurnee, seconded by Councilman Brown the following ordinance was introduced ORDINANCE NO 621 (1974 Series), an Ordinance of the City of San Luis Obispo amending the Zoning Ordinance to reduce parking requirements for various outdoor uses in the C -H Zone Passed to print on the following roll call vote AYES Councilmen Gurnee, Brown, Graham, Norris and Mayor Schwartz NOES None ABSENT None 3 At this time the City Council held a public hearing on the recommendation of the Planning Commission to amend the Zoning Ordinance to permit development of substandard lots in all zones r City Council Minutes August 5, 1974 Page 3 To remove this inequity, the Planning Commission recommended that the Zoning Ordinance, Section 9200 16c I be amended to read as follows "A lot with less than 50 feet of frontage may be developed, subject to use permit approval, except where adjoining property in the same ownership, at any time since January 17, 1955, enables a potential for resubdivision into four or more conforming parcels " The purpose for the contingent provision was to avoid including and enabling substandard development of large acreage under single owner- ship which had been previously subdivided (for example Terrace Hill) It is recommended that the use permit control over such non - conforming lot development be required to assure that substandard lot development comply with all property development standards of the underlying zoning except where use permit approval provided specific variation He continued that the Planning Commission further recommended that Section 9200 17 F 2 of the Zoning Ordinance be amended to include as item M, "Development of non - conforming lots, including variation Robert Strong, Planning Director, presented the recommendation of the Planning Commission as follows The Commission initiated a proposal to establish use permit, rather than variance procedures, to control development of non - conforming lots Pursuant to advice received from the City Attorney with regard to mandatory findings required for variance approval, certain non- conforming lots appeared inequitably treated within the existing provisions of the Zoning Ordinance Specifically, - Section 9200 16 provided, a lot of less area or width than required by zoning or subdnvision regulations, may be developed under the following conditions A A lot with less than 50 feet of frontage may be developed provided that no adjoining lot had been in the same ownership at any time since January 17, 1955 B Lots with frontages of 50 feet or more recorded before January 17, 1955 may be developed individually regard- less of ownership Robert Strong continued that throughout order residential neighbor- hoods, a prevalent subdivision pattern included lots typically 50 feet and less in width Where such lots were individually owned, pursuant to condition A, theyawere considered acceptable building sites without any City review or consideration of the difficulty of complying with property development standards, except by variance ' Lots with 50 feet or more frontage were considered more compatible with current property development standards and logically can be excluded from special development control, pursuant to condition B The inequity :existed when an individual acquired two, three, or four adjoining non - conforming lots with less than 50 feet frontage.in which case the parcels were merged into a single parcel which must satisfy the requirements of the subdivision ordinance if it is resubdivided To remove this inequity, the Planning Commission recommended that the Zoning Ordinance, Section 9200 16c I be amended to read as follows "A lot with less than 50 feet of frontage may be developed, subject to use permit approval, except where adjoining property in the same ownership, at any time since January 17, 1955, enables a potential for resubdivision into four or more conforming parcels " The purpose for the contingent provision was to avoid including and enabling substandard development of large acreage under single owner- ship which had been previously subdivided (for example Terrace Hill) It is recommended that the use permit control over such non - conforming lot development be required to assure that substandard lot development comply with all property development standards of the underlying zoning except where use permit approval provided specific variation He continued that the Planning Commission further recommended that Section 9200 17 F 2 of the Zoning Ordinance be amended to include as item M, "Development of non - conforming lots, including variation City Council Minutes August 5, 1974 Page 4 of property development standards, as may be approved by use permit " This additional provision would delegaTe consideration of non - conforming lot development to the Board of Adjustments rather than require Planning Commission administration of use permit except where appealed In recognition that the proposed amendmenT would not enable development of substandard lots without further consideration by the City pursuant to use permit, it was the opinion of the Commission that the proposed amendment would not enable a change in land use or density, nor weaken the intent of the Zoning Ordinance, thus a negative E I R declaration had been issued Mayor Schwartz declared the public hearing open No one appeared before the City Council for or against the proposed amendment Mayor Schwartz declared the public hearing closed The City Council discussed the proposal in detail with Robert Strong as to the effect that the proposed recommendation of the Planning Commission would have on lots of record within the City Limits After discussion, the matter was continued on motion of Councilman Brown, seconded by Councilman Graham for further staff input as to the effect the proposed recommendation would have on City development Motion carried, all Ayes 4 At this time the City Council considered the FINAL PASSAGE of ORDINANCE No 619, an ordinance amending the official zone map of the City of San Luis Obispo (to rezone 200 Higuera Street), zomingrthe property at the northwest corner of South Street and Higuera Street from District M (Industrial) to District C -H (Heavy Commercial) Robert Strong, Planning Director, again reviewed for the City Council the recommendation of the Planning Commission in rezoning the property Mayor Schwartz declared the public hearing open No one appeared before the City Council for or against the adoption of the ordinance Mayor Schwartz declared the public hearing closed On motion of Councilman Gurnee, seconded by Councilman Norris Ordinance No 619 (1974 Series), an ordinance amending the official zone map of the City of San Luis Obispo, was introduced for final passage on the following roll call vote AYES Councilmen Gurnee, Norris, Brown, Graham and Mayor Schwartz NOES None ABSENT None City Council Minutes August 5, 1974 Page 5 5 At this time the City Council considered the FINAL PASSAGE of ORDINANCE NO 620, an ordinance of the City of San Luis Obispo revising and amending the Fire Zone Map Mayor Schwartz declared the public hearing open Robert Strong, Planning Director, and Captain Don Sylvia of the Fire Department,_presented recommendations of the staff for amending the existing fire zone map No one appeared before the City Council for or against the proposal Mayor Schwartz declared the public hearing closed On motion of Councilman Gurnee, seconded by Councilman Graham, Ordinance No 620, (1974 Series), an ordinance of the City of San Luis Obispo revising and amending the Fire Zone Map was introduced for final passage on the following roll call vote AYES Councilmen Gurnee, Graham, Brown, Norris and Mayor Schwartz NOES None ABSENT None 6 At this time the City Council considered the discussion of the working hours for Police Officers, continued from the July 15, 1974 City Council meeting R D Miller, Administrative Officer, submitted a report to the City Council regarding salaries and other benefits for Police Officers in the City of San Luis Obispo, dated July 19, 1974 E L Rodgers, Chief of Police, submitted to the City Council a lengthy report and memorandums from each of the Lieutenants, Sergeants and three female dispatchers from the Police Department in attempting to approximate the times that Police Officers were called out during their lunch periods The Police Chief wished to remind the City Council that they have never kept records of this type in the past because of the bookkeeping problem involved He also submitted an evaluation by Captain Englert of all the various memorandums from personnel of the Police Department It was the Police Chief's opinion that during any particular month, with full complement of personnel, that the men were interrupted approximately 83 times per month He felt this information was only an approximation and estimation by all parties concerned He suggested that this matter be put off until January I, 1975, and the Department would keep an accurate account as to the times officers had their meal breaks interrupted A J Shaw, City Attorney, stated there was no urgency for the City Council to take action on this matter, as the new Federal Labor Standards Act did not become effective for Police and Fire Safety Officers until January I, 1975 City Council Minutes August 5, 1974 Page 6 He further stated the Department of Labor, U S Government, would be sending out their regulations on Safety Officers hopefully sometime in the month of September, which would establish guidelines on what working hours were, including meal times and time off He felt that until the definitions had been received, as far as the Federal Government was concerned, the City Council might be making decisions in a vacuum He also suggested that the City Council should at least continue consideration of this matter until after the annual California League of Cities meeting held in October as he felt sure that this would be a major conference discussion item At that Time the regulations would have been released from the Department of Labor, and everyone would be discussing the matter from a more informed point of view Mayor Schwartz reviewed the options open to the City in dealing with the meal time report for Safety Personnel Officer Ed Martin, President, Police Officers' Association stated he felt all Police Officers were on duty 24 hours per day, and particularly during meal periods He felt that anytime an officer was called away from his meal time he should be paid Tor this time which was put in for the safety of the citizens of the City of San Luis Obispo R D Miller, Administrative Officer, srated if the City had to pay for the meal periods, then he fell all officers should eat at The Police Department and not be allowed to leave the station for lunch or other meal periods or on personal business as was allowed at the present time Councilman Gurnee stated he was in support of the Police Officers' contention that meal times were on -duty Mmes, and he also felt they should be paid for any time spent in the service of the City Councilman Norris stated he was in support of the Police Officers being off -duty for meals He also supported continuing this matter until after the League meeting so thaT everyone would have full knowledge of what was being discussed Councilman Brown stated he did not feel this was an urgency matter and it could be continued until after the next League meeting Councilman Graham also agreed thaT this matter could be continued until after the rules and regulations had been reviewed from the Department of Labor an interpreted by the League of California Cities Mayor Schwartz felt the City Council should make a decision on the matter of working hours for Police Officers He felt the City should continue the present working conditions until after the regulations from the Department of Labor were received and interpreted by the League of California Cities On motion of Councilman Norris, seconded by Mayor Schwartz the matter was continued until after the League meeting, and the Police Officers would continue the existing work periods until that time Motion carried on the following roll call vote AYES Councilman Norris, Mayor Schwartz and Councilman Brown NOES Councilmen Gurnee and Graham ABSENT None City Council Minutes August 5, 1974 Page 7 9 00 P M Mayor Schwartz declared a recess 9 15 P M The meeting reconvened with all Council Members present 1 7 Continuation of the public hearing on the request of Central California Communications Corporation (Cable TV) for a rate increase in the monthly subscription rates (continued from July 15, 1974) Arthur Hapgood, General Manager, Central California Communications Corporation, reviewed for the City Council the answer to the six questions of the City Council at the public hearing held July 15, 1974, relative to the rate increase Question NI was Justification for the high expenditure for micro- wave improvements Mr Hapgood stated that there was an adequate communication with the City Council as the CCCC was not intending to spend $155,000 to increase microwave reception The figure $1,55,000 in Exhibit 7 projected a capital expenditure for the San Luis Obispo Cable System itself This money would be spent to wreckout and replace many current amplifiers and other active and passive devices, which was a program followed by CCCC's normal program of maintaining its system up to date This was also required under the Federal Communication Commission rules and regulations In Exhibit I of their rate increase they did propose an overall incrase in microwave tariffs to be paid to Microwave Transmission Corporation to add and alter present microwave facilities primarily to increase reliability of good signals from imported stations The increase in microwave costs would be an on -going cost item They estimate that the increase annually would be around $6,400 Question N2 was the possibility of instituting program and channel changes, etc Mr Hapgood stated the entire matter of channel changes was more academic than practical since the F C C now controlled all importation of signals Current signals in San Luis Obispo were grandfathered in first in 1968 and again in March, 1972 Mr Hapgood then presented a letter from CCCC's Washington F C C cable attorney's office briefly outlining the inherent hazards in altering signal carriage The matter of KQED vs KTVU also basically was academic since there was only one leg of common carrier video microwave coming south Therefore, the Council had three choices (1) place KQED full time, (2) put KTVU full time, or (3) continue to share the one leg of microwave giving priority to KQED He continued that this matter was discussed on many previous occasions by many previous Councils The previous Councils concluded they did not wish to become involved in programming It had consistently been the decision to share the channel, leaving the pre- emption of KQED to the discretion of CCCC Examination would show that in actuality the frequency of pre- emption was almost insignificant considering the total number of hours broadcast by KQED, and a large segment of audience was served by sports exclusively seen on KTVU Also, by having access to KTVU it would permit CCCC to fill that channel when KQED was off the air for vacations, and other reasons Basically the decision was "Is Council going to deny sports enthusiasts the highly exclusive sports coverage in order to halt the occasional pre- emption of KQED programming ?" Such a decision meant Council was indeed entering the area of program selection City Council Minutes August 5, 1974 Page 8 Question #3 was the possibility of a reduced monthly service charge for citizens over 60 years of age Art Hapgood stated that CCCC must be completely objective in this matter, and objected to this suggestion for the following reasons , I It was self - defeating Many of the people on low incomes in this community were under sixty, including thousands of college students Many young families getting started were on low incomes They could right- fully protest that rates were discriminatory 2 It would create serious accounting problems 3 The City did not require any other franchise holder to function under such an unrealistic business practice, indeed the City, itself, in water charges did not, function under such a plan 4 No such requirement was made of the garbage company 5 Local businesses were not required to function under such a fiscal program 6 The P U C did not require public utilities to function under such an unrealistic fiscal program 7 CCCC did not believe CAN rate was a fair way to legislate social justice 8 CCCC did not believe it could accept this suggestion Question #4 was the clarification of the definition of household and commercial service outlets Question #5 was discussion on consideration of initiating a service installation charge rather than present deposit and /or monthly service rate increase Andfinally, Question #6 was the impact on CCCC revenues if all domicile residences were charged the $4 60 per month service fee, rather than the $5 60 as proposed which would include all mobile home parks, apartments, student dormitories, etc In conclusion, Mr Hapgood stated on behalf of CCCC that before they came to the City Council they had submitted a complete and carefully prepared request for a rate modification, based on the needs of CCCC The City Staff was provided with complete financial detail to substanTiate the proposed rate modification The staff studied the entire proposal and made its recommendations to the City Council that the request was reasonable and justified CCCC had answered the six points put out by the Council at the public hearing on July 15, 1974, and they now requested that the City Council take action on the request based on staff report, the CCCC presentation, and the answers to the six points in Councilman Graham's motion of July 15, 1974 City Council Minutes August 5, 1974 Page 9 Woody Goulart, 3002 Bahia Court, San Luis Obispo, again presented a suggestion to the City Council for a better allocation of channels and programming for CCCC for implementation before securing a rate increase His proposal was to change various channels presently brought into San Luis Obispo to guarantee more educational channels for those interested Mayor Schwartz declared the public hearing open Maynard Marquardt, stated he was dissatisfied with the present programming on CATV He did not feel that there would be any problem in having the FCC change to more channels to give more selection to the citizens of San Luis Obispo He would not object to a rate increase for CCCC if better programming were provided He informed the City Council that he was an expert in rate making before the FCC and he had many years experience winning battles for radio, before the Federal Communications Commission, and he was sure that these changes as requested by himself and Mr Goulart would be most happily done by the FCC Susan Fisk appeared before the City Council stating she felt cable television must do more than dust carry commercial stations She felt that many of the channels should be made available for local public to have access so that local citizens could produce and put on shows on the cable Frank Calvary agreed that educational programs must be required for local citizens He felt that a poll would show that citizens want more educational and less commercial stations I Dink Hall objected to the quality of present cable reception in the City of San Luis Obispo particularly in his neghborhood Mr Hapgood explained the complicated conditions in bringing cable television into San Luis Obispo by microwave and cable, and he would send someone out to meet with Mr Dink Hall to review his particular problem Mickey Alexander asked if an installation fee could be added for each new customer, rather than increasing the monthly charge He felt that if cable television would increase their programming, it would also increase their customers Mayor Schwartz then reviewed question N4 which was asked by the City Council of CCCC defining households, domiciles, etc Mr Hapgood on behalf of CCCC stated if the City Council wished KQED and KTVU both to be brought into San Luis Obispo in order to satisfy the sports enthusiasts and also the educational television people, then CCCC would be most happy to apply for an additional microwave leg from the Bay Area to their tower, but he wished to the City Council to know that from the time the application was filed and until the two channels were brought in, it would take almost a year, which would include permit time from the PCC, ordering from the microwave company, and the actual installation to carry the microwave Mayor Schwartz declared the public hearing closed Councilman Brown stated, after reviewing the record, that the request by CCCC for a rate increase was justified, and he also felt that the offer by CCCC to bring in two microwave stations from the Bay Area, if possible, was a good compromise for the people of San Luis Obispo City Council Minutes August 5, 1974 Page 10 Councilman Graham stated he was in support of the rate increase Also, he thanked CCCC in their offer to bring a new microwave leg in from the Bay Area allowing KQED to be-on full time Councilman Gurnee stated he was in support of the two microwave legs , from The Bay Area into San Luis Obispo He also felt that the condition of the rate increase be that KQED not be pre - empted for any reason while they were broadcasting He also felt that some pro- vision should be made to lower rates to people over 60 years of age He concluded that CCCC merited some increase in gate, but not until a special rate was granted to senior citizens and also thaT all domiciles be treated the same within the City of San Luis Obispo Councilman Norris stated he was in support of the CCCC rate increase, he also felT the CCCC's offer be accepted in bringing in two microwave legs from Bay Area to San Luis Obispo so that the full time KQED and KTVU channels would be delivered He felt that a refundable deposiT was better than an installation charge Mayor Schwartz felt that the rate increase was Justified and he would support CCCC's request He felt that CCCC had done a good Job in presenting information to the Council on cable television He also felt the City Council should accept the proposal of CCCC to bring in one additional microwave channel from the San Francisco Bay Area in order to carry both the KQED, educational channel, and KTVU, commercial channel On motion of Councilman Norris, seconded by Councilman Brown the following resolution was introduced RESOLUTION NO 2643 (1974 Series), a resolution of the Council of the City of San Luis Obispo allThorizing Central California Communications Corporation to cincrease the rates permitted to be charged to cable television subscribers Passed and adopted on the following roll call vote AYES Councilmen Norris, Brown, Graham, Gurnee and Mayor Schwartz NOES None ABSENT None 8 8 20 At this time the City Council considered the formation of an Assessment District for the widening of Johnson Avenue Just east of San Luis Drive James T Morton, Attorney for the Special Assessment District, reviewed for the City Council the steps that would be required to initiate the proceedings for an assessment district on the property owners involved in the City widening He reviewed for the Council's consideration the resolution of preliminary determination of intention, the resolution of preliminary approval of engineer's report, a resolution appointing time and place of public hearing, a resolution describing the proposed boundaries of the assessment district, and a resolution calling for sealed proposals and fixing liquidated damages D F Romero, City Engineer, presented for the Council's consideration the plans and specifications for the San Luis Drive - Johnson Avenue Street Widening Project, City Plan No 2 -72, Select Street No 161 C City Council Minutes August 5, 1974 Page II Estimated Cost - $126,000 of which $75,000 would be budgeted under Gas Tax and additional monies under Select Road The Engineer then reviewed the timing for construction of the project for advertising, holding the public hearings, etc He concluded that if Plan "F" was not adopted by the City Council tonight, the project should be held over for construction in the Spring of 1975, due to the delays inherent in redesign and the various committee approvals which would make this a winterproject with great hazard to adjacent properties A J Shaw, City Attorney, then submitted for the City Council's information a chart designed to depict the advantages and disadvantages of each of the preliminary plans developed to counteract the problem caused by the embankment on the Bilodeau property in connection with the widening of Johnson Avenue He felt that Plan "F" was a temporary solution, 10 to 15 years, which was unsatisfactory to all concerned He concluded that it would save a eucalyptus tree which had grown to maturity during the past 20 years and it would save most of the existing shrubbery There would be no loss or detriment to the property, and the appraiser estimated that the providing of a retaining wall to this R -3 parcel increased the value of the property by at least $20,000 ' He continued that Plans "A" and "D" would require the taking of six feet of property for the full width of the property Since most of the dense shrubbery was within the front 10 feet of the property, Plan "A" would destroy almost as much shrubbery as Plan "D" The City appraiser had estimated that the benefit to the property by Plan "A" would exceed the damage caused to the property by several thousand dollars Although the appraiser had not made an estimate of the damages and benefits of Plan "D ", the City Attorney believed that he would also find a net dollar advantage to the property owner under Plan. "D" He stated, that in an effort to avoid litigation, he had told the property owner that either Plan_ "A" or "D" would be recommended to the City Council and the City pay the full cost of improvements without off - setting the net economic benefit to the owner if the owner would deed the property without charge to the City Therefore, he recommended to the City Council two approaches in this situation A Adopt Plan "F" and assess the property owner for the amount of benefits accruing to the property as found in special assessment proceedings, or B Proceed with either Plan "A" or Plan "D" If the property owner refused to deed the property required under either plan, the City should then proceed with a combination of condemnation and special assessment proceedings Councilman Graham then reviewed the various proposals with the City Engineer Councilman Brown stated, after discussion, that he felt the City should go with Plan "A" with cooperation of the property owner, City Council Minutes August 5, 1974 Page 12 but without that cooperation then he felt that Plan "F" was the only way for the City to go Councilman Gurnee stated he had no comment on this subject Councilman Norris stated he was in support of Plan "A" with the property owner's cooperation, if not, then he would proceed with Plan "F" Murray Warden , representing the property owner, stated that they could not comment on the proposals as presented, as they still did not know just what the City was proposing for their property All these plans, "A ", "B ", "C ", etc meant nothing to them as they had received no information on them from the City The City Council discussed with the City Engineer and City Attorney the estimated cost of the other plans for widening Johnson Avenue as proposed Murray Warden again stated that he and his morher, the property owner, had not received additional information for them to make an intelligent decision on the City's proposal as it affected their property Mayor Schwartz stated he felt the City would be making a mistake in accepting Plan "F", and further felt that Plan "A" was too tragic He stated he would support Plan "D ", which he felt would be the fairest to all concerned, and he felt that the City should proceed with condemnation and street improvements Councilman-Graham stated that he too agreed with Plan "D" and was most appropriate to him if the property owner would cooperate Councilman Gurnee agreed with Murray Warden that this improvement would not benefit the Bilodeau property, but felt the only way to settle this might be to go to court and let the court settle the matter of benefit either to the City or to the property owner Murray Warden again stated that as the property owners they have not been convinced that there was any benefit to the property or to the property owners Councilman Gurnee stated that he would support proposal "F" with the City paying full bill, and he did not feel there were any benefits to the property owner He urged that the City proceed with Plan "D" and let the court decide benefits and cost On motion of Mayor Schwartz, seconded by Councilman Brown that the City Council find that in public interest the City initiate condemnation procedures and the City Engineer be directed to prepare plans for Johnson Avenue widening under Plan "D" with replacement of shrubbery and all trees and that Attorney Morton be directed to prepare the necessary condemnation and special assessment documents Motion carried on the following roll call vote AYES Mayor Schwartz, Councilmen Brown, Gurnee and Norris NOES Councilman Graham ABSENT None City Council Minutes August 5, 1974 Page 13 Due to the lateness of the hour, items 9, 10, 11, 12, 13, 15, 17, 18, 19, 21, 22, 23, and 24 were continued to Tuesday, August 6, 1974 at 12 10 P M Item 14 was continued to August 19, 1974, item 16 was continued to August 12, 1974 On motion of Councilman Brown, seconded by Councilman Graham the following consent items were approved as recommended C -I, C -2, C -3, C -4, C -5, C -7, C -9, C -10, C -11, C -12, C -13, C -14, C -15, C -16, C -18, C -19, C -21, C -22, C -25, C -26, C -27 Motion carried C -1 The claims against the City of San Luis Obispo were authorized payment subject to approval by the Administrative Officer C -2 The City Council Minutes of May 13, June 7, 10, II, 14, 20 and 28, 1974 were approved as submitted C -3 The following contract pay estimates were approved Walter J Schmid Est N2 $2,286 00 RECREATION CENTER ADDITION City Plan No 27 -74 Walter Bros Const Co Est NI $7,400 25 POLICE CARPORT FACILITY EXT City Plan No 28 -74 C -4 The request from J H Maul, Architect for the community building at Meadow Park, to amend his contract to include complete lighting layout for street along park border in the bid package for the community building, supported by a memorandum from William E Flory was approved as recommended by staff C -5 The Mayor was authorized to sign an Extension of Agreement (Agreement for Temporary Transfer of Vehicular Equipment) to cover the period of June 30, 1974 through June 30, 1976 from the Office of Emergency Services On motion of Councilman Brown, seconded by Councilman Graham the following resolution was introduced RESOLUTION NO 2644 (1974 Series), a resolution of the Council of the City of San Luis Obispo approving the extension of the agreement with the California Office of Emergency Services for the assignment of a fire pumper to the City's Fire Department and 'authorizing the Mayor to execute said agreement Passed and adopted on the following roll call vote AYES Councilmen Brown, Norris, Graham, Gurnee and Mayor Schwartz NOES None ABSENT None C -6 Communication from the City of Grover City asking support of the City of San Luis Obispo in their confrontation with the United States Postal Service regarding curb -side delivery within that City, involving postal boxes in public right -of -way, etc City Council Minutes August 5, 1974 Page 14 Councilman Norris stated he felt that the City of San Luis Obispo should stay out of squabbles in neighboring cities in which they ; had no full knowledge of what was happening On motion of Councilman Norris, seconded by Councilman Gurnee that the communication be received and filed Motion lost on the following roll call vote AYES Councilmen Norris and Gurnee NOES Councilmen Brown, Graham and Mayor Schwartz ABSENT None On motion of Mayor Schwartz, seconded by Councilman Brown that the following resolution be introduced RESOLUTION NO 2645 (1974 Series) a resolution of the Council of the City of San Luis Obispo expressing the City's support of the City of Grover City in its current contro- versy with the U S Postal Service Passed and adopted on the following roll call vote AYES Mayor Schwartz, Councilmen Brown and Graham NOES Councilmen Gurnee and Norris ABSENT None C -7 The communication from Mary M Wagner, Real Estate Broker, offering to sell the City the property at 1095 Orcutt Road, as a part of the land acquisition for the Orcutt Road over /under crossing was referred to staff for report C -8 Report by Wayne Peterson, Assistant City Engineer, on professional services at Edna Saddle Tank and again reiterating the staff's recommendation that Buena Engineering Incorporated be retained for physical testing at the tank site as recommended to the City Council at the July 16 meeting Councilman Norris objected to this recommendation stating that he felt it was wrong for the City to retain an out -of -town engineer to work on a local project when the price and cost and experience would be comparable He felt that the City of San Luis Obispo should support local firms, he fell that Central Coast Laboratories,--rePresented by Robert E Williams would do the City a much better job than would be done and has been done by Buena Engineering Inc He stated it was time the City recognize there were competent firms within the community to do City work Councilman Norris moved that the physical testing, soil testing at the Edna Saddle Tank Site be awarded to Central Coast Laboratories Motion lost for lack of a second D F Romero, upon question, stated that had the matter been left to him, he would have supported Central Coast Laboratories bid as he felt they were competent, and he had used them many times in the past, however, he pointed out that he had left this decision entirely in City Council Minutes August 5, 1974 Page 15 Mr Peterson's hands since Mr Peterson is engineer in charge of the project Wayne Peterson, Assistant City Engineer, felt that either company would do a good job, but the recommendation for Buena Engineering was based on the fact that they had worked with the City over the past several months on this particular project, and had done a good Job for the City and were very cooperative on this most difficult project Councilman Graham stated he was in support of the staff's recommendation to hire Buena Engineering David Williamson, Assistant City Administrator, stated he felt both labs were competitive cost wise, professionally competent, and would supply similar service to the City, but he felt the staff decision was well thought out and based on their recent experience with this project, felt that Buena Engineering was more satisfactory On motion of Councilman Graham, seconded by Mayor Schwartz that the City Council accept the recommendation of the staff and retain Buena Engineering Inc Motion carried on the following roll call vote AYES Councilmen Graham, Brown and Gurnee and Mayor Schwartz NOES Councilman Norris ABSENT None C -9 The memorandum from David Williamson, Assistant Administrative Officer, regarding proposal by Local Chapter of the California Association of the Physically Handicapped was-referred back to CAPH as per staff recommendation C -10 The memorandum from Robert Strong on City logo and layout for City letterhead, cards, envelopes, etc was approved to move ahead C -II The Quarterly Report on Capital Improvement Program progress was received as an informational item C -12 The memorandum from William Flory, Director of Parks 8 Recreation, reporting on conditions at Laguna Lake Golf Course (continued from 7/15/74 - a letter from Betty Y Carpenter) was received and filed C -13 The memorandum from Wayne Peterson, Assistant City Engineer, regarding status on the Penfield 8 Smith contract for Engineering Sery ices for the Los Osos Valley Water Project was received and filed C -14 A COVENANT from Jack and Sybil Westerman, 690 Pasatiempo Drive, for two foot high concrete block retaining wall adjacent to six foot integral sidewalk was accepted and the Mayor was authorized to record C -15 Communication from Stewart Williams, Central California Australian Shepherd Fanciers, requesting permission to use a public address system in Santa Rosa Park on September I, 1974 between 8 00 A M and 5 00 P M was approved subject to control of the public address system City Council Minutes August 5, 1974 Page 16 C -16 Communication from Peace and Freedom Party requesting permission to use either Santa Rosa Park, Mitchell Park or Mission Plaza on August 11, 1974 from 1 00 to 5 00 or 6 00 P M to hold a potluck picnic - political rally using a public address system was approved subject to control of public address system C -17 On motion of Councilman Brown, seconded by Councilman Graham the EASEMENT from PG&E be accepted for Railroad Avenue but only upon completion of the improvements as required by the City C -18 The Mayor was authorized to execute the following agree- ments, and the Finance Department authorized to begin payments for this fiscal year A Social Service Coordinator $11,000 /yr B Grass Roots Two 16,340/yr C HOTLINE, INC 1,200 /yr D Family Services Center 1,500 /yr C -19 Memorandums from the Fire Department and Building Department regarding permission from Arnold Volny to begin construction of his apartments on Mill Street before installation of second fire hydrant, and memorandum from Assistant Administrative Officer regarding per- mission to start construction in view of previous approval of precise development plan was received and filed C -20 On motion of Councilman Brown, seconded by Councilman Graham the following resolution was introduced RESOLUTION NO 2653 (1974 Series), a resolution of the Council of the City of San Luis Obispo requiring_ sidewalk improvements on portions of various streets in the City of San Luis Obispo Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES None ABSENT None C -21 On motion of Councilman Brown, seconded by Councilman Graham the following ordinance was introduced ORDINANCE NO 622 (1974 Series), an ordinance of the City of San Luis Obispo authorizing an amendment to the contract between the City of San Luis Obispo and the Board of Administration of the California Public Employee's Retirement System Passed to print on the following roll call vote AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES None ABSENT None C -22 Letter from the League of California Cities concerning Amicus Participation in the Petaluma Appeal was ordered received and filed City Council Minutes August 5, 1974 Page 17 C -23 Complaint by citizens in Oceanaire Mobile Home Park regarding the rock band that holds practice sessions in a nearby carport was continued to a public hearing on motion of Councilman Brown, seconded by Councilman Graham on August 19, 1974 C -24 On motion of Mayor Schwartz, seconded by Councilman Brown the City Council denied the claim of Ray C Skinner and referred it to the insurance carrier Motion carried C -25 The claim against the City of San Luis Obispo by Mrs Neva Silacci was denied and referred to the insurance carrier C -26 Claim against the City of San Luis Obispo from Raymond J Hearne claiming damages for tripping on sidewalk was denied and referred to the insurance carrier C -27 Administrative Officer announced the following appointments subject to a one -year probationary period Caren D Agueda - Secretary, starting 8/5/74 Casey W Allison - Water Supply Assistant, starting 8/1/74 Samuel H Mentemeier - Utility Plant Operator I, starting 8/1/74 Richard R Veilleux - Janitor, starting 8/1/74 --------------------------------------------------------------------- ' TRAFFIC COMMITTEE ITEMS TC -1 74 -8 -IC Traffic problem on Chorro Street -- Committee's agreement to purchase radar equipment, not to install stop signs on Chorro Street, revise speed limit and reconsider setback lines on Chorro This item was continued until the second meeting in September, 1974 TC -2 74 -8 -2T Recommend that 12 minute green zone in front of 890 Mill Street be removed TC -3 74 -8 -3T Recommend one -space loading zone on Nipomo north of bus stop and in front of proposed restaurant and that curbing between in and out driveway on Higuera be painted red and that one car space east of the easterly driveway be designated as a loading zone On motion of Councilman Brown, seconded by Councilman Graham the following resolution was introduced RESOLUTION NO 2658 (1974 Series), a resolution of the Council of the City of San Luis Obispo establishing loading zones on Nipomo Street and Higuera Street, prohibiting parking on Higuera Street and rescinding a 12 minute green zone on Mill S reet ' Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES None ABSENT None City Council Minutes August 5, 1974 Page 18 BIDS RECEIVED B -1 City Clerk reported on the following bid received for PORTABLE LIQUID LEVEL RECORDERS Bids opened July 30, 1974 at 2 30 P M MANNING ENVIRONMENTAL CORP 120 Du Bois Street Santa Cruz, CA Item No I Furnish one (1) liquid level recording instrument with a range of 0" to 30 ", $1,211 00 complete with specified equipment and materials Item No 2 Furnish two (2) liquid level recording instruments each with a range of 0" to $2,182 00 15 ", complete with specified equipment and materials Item No 3 Furnish one (1) battery recharger $ 15 00 (controlled charge rate) DEVIATIONS None ' On motion of Councilman Gurnee, seconded by[ Counci_Iman_Gr_aham that the bid of Manning Environmental Corporation in the amount of $3,612 48 including tax be accepted Motion carried, all Ayes B -2 City Clerk reported on the following bids received for STREET RESURFACING PROJECT, City Plan No 47 -74 Bids opened July 30, 1974 at 2 00 P M Engineer's Estimate $139,252 50 R Burke Corp P 0 Box 957 125,082 00 San Luis Obispo C S Const Co 180 South Dolliver 127,351 00 Pismo Beach M J Hermreck, Inc P 0 Box 217 129,394 60 Nipomo Madonna Const Co P 0 Box 910 132,173 20 San Luis Obispo Sully Miller Contractors 3555 Vineyard Avenue Oxnard City Council Minutes August 5, 1974 Page 19 $133,961 00 A J Diani Const Co P 0 Box 636 139,980 00 Santa Maria, On motion of Councilman Gurnee, seconded by Councilman Graham the low bid of R Burke Construction be accepted in the amount of $125,082 00 The City Council adjourned to Executive Session The City Council returned to open meeting and passed the following motion and resolution dealing with Police salaries, etc On motion of Councilman Brown, seconded by Councilman Graham the following resolution was introduced RESOLUTION NO 2646 (1974 Series), a resolution of the Council of the City of San Luis Obispo terminating 1974 meet and confer sessions with the Police Officer's Association and establishing a 1974 -75 pay schedule for members of the Police Officers' Association Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Norris and Mayor Schwartz NOES Councilman Gurnee ABSENT None On motion of Councilman Brown, seconded by Councilman Graham the following resolution was introduced RESOLUTION NO 2648 (1974 Series), a resolution of the Council of the City of San Luis Obispo authorizing the Administrative Officer, the City Clerk and the City Attorney to defend the action filed by the Police Officers' Association Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES None ABSENT None On motion of Councilman Graham, seconded by Councilman Brown the meeting adjourned to 12 10 P M Tuesday, August 6, 1974 APPROVED November 4, 1974 F A RICK, CITY CLERK 1 IPledge Rnil ra11 City Staff MINUTES ADJOURNED MEETING OF THE CITY COUNCIL TUESDAY, AUGUST 6, 1974 CONFERENCE ROOM, CITY HALL 12 10 P M Present John Brown, Myron Graham, T Keith Gurnee and Kenneth E Schwartz AAbsent Jesse Norris Present J H Fitzpatrick, City Clerk, R D Miller, Administrative Officer, A J Shaw, Jr , City Attorney, D F Romero, City Engineer, E L Rodgers, Chief of Police, Wayne Peterson, Assistant City Engineer, William Flory, Director of Parks 8 Recreation, Robert Strong, Planning Director 9A Frank G Exter, Chairman, Ad Hoc Task Force on Resources Inventory, appointed by the City Council on March 25, 1974, to consider the proposed Ordinance No 604, submitted their report to the City Council at this time Mr Exter stated that the Ad Hoc Committee heard presentations by the various City Department Heads relative to the areas of Jurisdiction and responsibility, made further inquiry, and discussed the proposals The matter was extended over a 17 -week period Mr Exter then reviewed recommendations made by the Committee that guided the Ad Hoc Committee on two basic principles That the City had the responsibility to determine availability and adequacy of municipal services and resources to any property in the City of San Luis Obispo and to make such information available to the public, and that 2 The citizenry of the City had the right to know the condition of the City's resources at all times in order that the City cost for proposed increases in resource inventories could be measured against development benefits to the community In order to realize these two principles, the Task Force recommended That the City develop and maintain up -to -date and reliable information on the current and future capability of the City's basic resources 2 That the resource inventory system include City Council Minutes August 6, 1974 Page 2 A Water Sources B Water Distribution Systems C Fire Fighting Capability D Sewage Treatment Capacity E Sewage Collection Systems F Park and Open Spaces G Land by Use Category H Schools (to be coordinated with the School District and College Authorities) Storm Drainage J Police K Library L Pedestrian and Vehicular Circulation 3 It was reasonable to expect Department Heads to certify as to availability and adequacy of municipal resources 4 The City Council establish certification procedures 5 The procedures to be used should be set forth in an Ordinance 6 In instances where City Department Heads presently have sufficient information to certify as to availability and adequacy of municipal resources, the City accelerate its efforts to collect missing chart and map information 7 The City allocate adequate budget to correct inventory gaps and to maintain the total resource inventory up to date 8 In the meantime, it was reasonable to expect Department Heads to proceed with a certification program and to do immediate localized invesTigations to ascertain and report on the status of resource capabilities for individual projects The Task Force then submitted six amendments they felt should be pre- sented and put into the draft of Ordinance No 604 In addition to the six amendments to Ordinance No 604, the Task Force made the following general recommendations That recognition be given to possible impact which would result from decisions made by public agencies other than the City of San Luis Obispo and recommended that the City explore the possibility of establishing procedures to coordinate the development of these agencies and their effect upon City resources City Council Minutes August 6, 1974 Page 3 2 That Ordinance No 604 be adopted with the amendments recommended by the Task Force incorporated therein ' Mr Exter concluded by stating that this was a brief overview of the major recommendations of the Ad Hoc Task Force, and he would be most happy to answer any questions the Council wished to ask Mrs Janice A Clucas, member of the citizens Ad Hoc Task Force on Resource Inventory, submitted a minority report on behalf of herself and Glenna Dean Dovey, which stated their primary objection was to the amendments being recommended by the Task Force to the Ordinance The minority group felt the amendments needed clarification before incorporation into an ordinance Therefore they asked the following questions Amendment #1 Where does the City's greater responsibility lie, to the present residents and taxpayers? to transient residents? to property owners or residents outside the City? to the Developer? What is meant by "reasonable growth "? Amendment #3 Is this not already a City policy? Why does it need to be in a new ordinance? Amendment #4 As in Amendment #I, where does the City's greater responsibility lie? Which deficiency should get attention first? How should the City's financial resource capabilities be determined by current budget, bonding capacity, taxing to the maximum limits, or revenue sharing funds? In considering Amendment #2, the minority group agreed that standards and criteria should be adopted as soon as possible by the City, but they felt this direction should remain part of the ordinance as in Section 2800 5 The ordinance should be the law which required establishment of such standards In regard to Amendment #5, the minority group requested the inclusion under water in level one systems of a distinct reference to fire fighting capabilities, not spelling it out could conceivably lead to another situation such as the current problem in the Los Osos Valley 10 Memorandum from the City Attorney reminding the City Council that the seven -year grace period for the removal of non - illuminated and off -site non - conforming signs under the City's sign ordinance expired in early September, 1974 Janice Clucas, on behalf of the minority report, stated that they agreed with the balance of the Task Force recommendation, however, they asked that the City Council consider the minority viewpoint The Mayor thanked the Chairman of the Ad Hoc Task Force and also the minority spokesman and suggested that this matter be continued 10 Memorandum from the City Attorney reminding the City Council that the seven -year grace period for the removal of non - illuminated and off -site non - conforming signs under the City's sign ordinance expired in early September, 1974 City Council Minutes August 6, 1974 Page 4 Although the City was unsuccessful in obtaining the removal of the Ryan signs on Monterey Street under the City's nuisance abatement ordinance, the lack of success was due to the special facts surrounding the issuance of the permit to rebuild in that case In general, the City Attorney recommended the utilization of the nuisance abatement procedure for the removal of signs which violated the sign ordinance In order to make it clear to the courts that the Council intended to utilize the nuisance abatement procedure for such signs, he recommended that the City Council adopt an ordinance which added a section to the sign ordinance specifically declaring that signs in violation of the sign ordinance were public nuisances The City Council discussed with the City Attorney the proposed amend- ment to the Municipal Code On motion of Councilman Graham, seconded by Councilman Brown the following ordinance was introduced ORDINANCE NO 623 (1974 Series), an ordinance of the City of San Luis Obispo amending the Municipal Code to provide that signs erected, existing or maintained in violation of provisions of the sign ordinance are public nuisances Passed to print on the following roll call vote AYES Councilmen Graham, Brown, Gurnee and Mayor Schwartz NOES None ABSENT Councilman Norris II Memorandum from Robert Strong, Planning Director, requesting that the City Council consider the adoption of a resolution for sub- mission to the County and Cities Area Planning Coordinating Council and the Council on Intergovernmental Relations, requesting a time extension for General Plan Element adoption by the City of San Luis Obispo On motion of Councilman Brown, seconded by Councilman Graham, the following resolution was introduced RESOLUTION NO 2649 (1974 Series), a resolution of the Council of the City of San Luis Obispo requesting General Plan Element time extensions Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee and Mayor Schwartz NOES None ABSENT Councilman Norris 12 Memorandum from Robert Strong, Planning Director, informing the City Council that URA, Building Condition Survey, completed the first segment of their assignment on a parcel -by- parcel evaluation of residential building conditions, historic and architectural significance, and other individual and neighborhood characteristics, a study which was part of the General Plan update presently under conrract in the , City of San Luis Obispo It was requested that the City Council authorize an increase from the initial allowance of $2,500 for URA services, in order to continue City Council Minutes August 6, 1974 Page 5 the same survey in the second and third areas of the City of San Luis Obispo The amended cost would not exceed $3,630 Robert Strong wished to remind the City Council that the approved budget for this allocation was $4,000 ' On motion of Councilman Graham, seconded by Councilman Brown the request was approved, the URA contract was extended, and also the contract payment of $1,050 was approved by the City Council 13 Memorandum from Robert Strong, Planning Director, requesting that the City Council consider the amendments to the City's Environ- mental Impact Guidelines and Procedures was continued to the August 12, 1974 meeting 14 Communication from Oceanaire Mobile Home Park questioning garbage rates was continued to the next Council meeting of August 19, 1974 15 Memorandum from Robert Strong, Planning Director, regarding grading at the French Hospital and Clinic Site, 1911 Johnson Avenue Mr Strong stated that on Saturday, July 27, 1974 he observed that grading in the vicinity of the parking lot behind the French Hospital and Clinic had distributed fill to a large undeveloped terrace, con- siderably beyond any authorized activity He stated he was familiar with the approved plan for the grading as it required explanation and modification prior to the Planning Department recommending approval at the Planning Commission for EIR determination on May 14, ' 1974, as well as City Council acceptance for "off- site" grading beyond the area of precise development proposals on May 24, 1974 He continued a further Joint inspection with the City Engineer, Assistant Administrative Officer and the City's Public Works Inspector and a review of the approved plan revealed other discrepancies between the accepted profile and grades, and observed field conditions, none authorized by the City The differences were significant - spreading of excess fill over several acres beyond limited area authorized, banks and slopes visibly steeper and up to seven (7) feet higher than approved, and surface drainage not as provided on the plans Robert Strong continued he recognized the sensitivity of this particular property and spent several hours meeting in both the office and in the field reviewing the initially proposed plan with Charles French and Ben Maddalena and repeated this exercise after receiving requested plan revisions Only after several days of subsequent meetings with the same representatives and staff insistence that excess or "minimum standard" grading could require greater evaluation and therefore delays, did they resolve a plan acceptable to the Planning Department, receive a negative declaration from the Planning Commission; and obtain Council approval He stated to his opinion, the representatives of the French Hospital knowingly exceeded the grading authorized by permit and failed to comply with plans and standards mutually and publicly accepted He stated that while it was possible to consider an amended plan or to remove or alter unacceptable deposits to correct the discrepancies, it represented a blatant disregard for City procedures including environmental impact, engineering, planning and Council determinations, and he felt punitive action should be sought by the City Council of the property owner CITY Council Minutes August 6, 1974 Page 6 He concluded he conferred with the City Attorney, who also believed that it was unfortunately sometimes necessary to demonstrate that City ordinances and procedures were imporrant and that compliance was enforceable He therefore requested that the City Council authorize the filing of a misdemeanor violation against the parties involved in this permit and the staff be authorized to pursue citation proceedings against others who, in the future, show similar apparent and inTentional disregard D F Romero, City Engineer, reviewed for the City Council the steps taken by his department in approving plans and in the inspection of the approved grading, filling and dumping on the French Hospital Site He also informed the Council that he had written to French asking that the fill be brought to conform with the approved plan or a new grading plan be submitted for staff consideration Ben Maddalena, engineer representing Central Coast Engineering, engineers for the French properties, stated that as requested by the City Engineer, they would submit a grading plan showing the revisions to the initial grading plan which provided for the embankment of material excavated for the basement and for the parking area of the French Clinic He continued that additional embankment was generated due to the following reasons A subsequent decision was made to import approximately 10 inches of top soil instead of utilizing the native adobe material initially found on a corner of the project A portion of the adobe was removed, stock- piled in another location and then spread around the , buildings This material was then again moved out of the building area to the embankment area 2 During preparation of the parking area, a portion of the subgrade was found to be unstable and had to be replaced by Kaiser base material The unsatisfactory sub -base material was taken to the embankment area 3 The stockpile of the basement material existing on the site possibly contained more than initially estimated He stated at no time was there any intention to violate the grading ordinances At all times it was felt that the work lay within the scope of the initial permit It was also felt that the work was correct and in accordance with good engineering practices He stated had the view been otherwise, work would have ceased and a resubmission of the plan would have been made regardless of delays encountered He concluded that should both the present field conditions and the proposed revised grading plan not be acceptable, the property owners would comply in total with the initial plan as they felt the work was still in progress He stated they sincerely regretted the re- emergence of any controversy regarding the project and apologized for not handling required changes in site grading in complete accordance with the wishes of the CITY Departments The City Council discussed with Mr Maddalena, engineer for the property owner, and D F Romero, City Engineer, various safeguards that could be incorporated in plans for future grading permits within the City to avoid the embarrassment of such a situation City Council Minutes August 6, 1974 Page 7 A discussion was made of some way to protect both the City and the property owner from this type of problem Councilman Gurnee reviewed the history of grading on the French ' Hospital and Clinic Site since its inception It was his opinion that the developer and his engineers had constantly exceeded the permits issued for grading and earthmoving on the site He urged that the City Council support the request of the Planning Director and City Attorney, and a misdemeanor complaint be filed against the developer or his engineer or whoever was responsible for complete disregard of City ordinances and regulations Councilman Brown asked for clarification of the City Attorney of Just what violations were involved as far as a misdemeanor was concerned A J Shaw, City Attorney, explained the violation which called for the filing of a misdemeanor complaint Mayor Schwartz felt the Council should require that the earth be removed to meet the permit and grading plan as submitted by the engineer and property owner and approved by the Planning Commission and City Council On motion of Councilman Brown, seconded by Mayor Schwartz that the City order the removal of any excess dirt from the site and the property owner be forced to comply with the grading plan that was approved by the City and for which a permit was issued Motion carried, all Ayes, Councilman Norris absent ' 16 Council consideration of a Charter Amendment to increase Mayor and Council Members' salaries was continued to the study session of August 12, 1974, on motion of Councilman Brown, seconded by Councilman Graham Motion carried, all Ayes, Councilman Norris absent 17 David Williamson, Assistant Administrative Officer, presented to the City Council a time schedule for the proposed Council Chambers and basement remodeling of City Hall for their consideration He stated the time schedule had been developed Jointly by Mr Ethan Jennings, Architect for the project, and himself He stated the time schedule was compressed to a minimum and would require several Council study sessions to accomplish and keep the program on schedule CITY HALL REMODELING PROJECT TIME SCHEDULE August 2 Concept plans for Council Chamber remodel available in City Clerk's Office August 5 Council presentation of concept plans for remodel of Council Chambers - Council decision August 10 Management Workshop re management concepts and City organizational structure August 12 Discuss City Hall organization - Council decision August 16 Concept plans for basement remodel and preliminary drawings for Council Chambers available for review in City Clerk's Office City Council Minutes August 6, 1974 Page 8 August 19 Council presentation of concept plans for remodel of basement - Council decision Review and approve preliminary drawings for Council Chambers September 6 Preliminary plans for basement remodel available for review in City Clerk's Office September 9 Review and approve preliminary plans for basement September 30 Review and approve working drawings for Council Chambers and basement October 2 Advertise for bids November I Open bids °- November 4 Council presentation of bid results and approval of contract November 6 -16 Begin construction and order materials January 6 -16 Estimate completion of Council Chambers May 15 Estimated completion of basement David Williamson and Ethan Jennings then presented for the City Council's consideration several schematic drawings and plans for remodeling of the Council Chambers and improving seating and viewing areas 1 Three separare plans were presented for Council consideration It showed a rearranged area for the City Council desk, an area for the Department Heads facing the public, a new visual screen, public address system, tape recording equipment to be included in the remodeling, and also the addition of theatre -type chairs for the audience and also a plan for raising the back of the Council Chambers in a theatre - like atmosphere The estimated cost of scheme #1 was $75,240 The estimated cost of Scheme #2 was $65,736 The estimated cost of Scheme #3 was $31,786 The City Council discussed with Mr Williamson and Mr Jennings some of the concepts in the remodeling of the Council Chambers and the relationship between the Council, Department Heads, media, and the public After discussion of the various concepts and schematic drawings, it was moved by Councilman Gurnee, seconded by Councilman Graham that the City Council accept the concept as presented by the Architect in Scheme #1, with the City staff to proceed with detailed plans and specifications for its implemenration Motion carried, all Ayes, Councilman Norris absent David Williamson then submitted for the City Council's consideration a contract wiTh Ethan Jenninos for Architectural services for the remodeling of the City Hall basement and Council Chambers On motion of Councilman Graham, seconded by Councilman Brown the City Council accepted the standard contract for architectural services and authorized the Mayor to sign on behalf of the City Motion carried, all Ayes, Councilman Norris absent City Council Minutes August 6, 1974 Page 9 Mr Williamson continued that he had taken into consideration the fact that work programs undertaken by Zone 9 would be subject to policy review and formulation by the Zone 9 Advisory Committee, which had two City representatives, and funding would be from all of the property owners living within the San Luis Obispo creek watershed In terms of work accomplishment, it seemed reasonable that -the steps from policy formulation to actual completion of work be directly coordinated through a single office or individual which should be the County Engineer's Office Under this arrangement the City would have the opportunity to review and evaluate the type of work to be done within the waterways This would include review by the Waterways Planning Board ' If the City were to adopt the procedure proposed by the County, work would be done under the supervision of the City and problems in communi- cation between the City staff and the County would result because responsibility for actual work would be with one agency and funding would be from another agency He asked that the City Council consider this matter and advise the City's Zone 9 representatives as to the best approach for the City The City Council discussed with the City's representatives to the Zone 9 Advisory Board, and felt they concurred with the staff recommendation that Zone 9 handle streambed maintenance either through the County Engineer's Office with their own employees or with contract employees, and the City not be involved in the actual maintenance program 19A D F Romero, City Engineer, submitted to the City Council a presentation made by him before the Water Quality Control Board in Santa Maria on July 24, 1974, regarding the Basin Plan He stated that the main thrust of his presentation was that even the State consultant on the Basin Plan was uncertain as to the direction which the City should be required to take in disposing of its treated effluent He requested that the Board give direction to the City that a thorough study be made of the benefits and detriments to stream discharge, and that this study be financed under a federal grant for sewage disposal He also stated he asked that the Water Duality Control Board have the consultant submit more detailed information regarding the environmental impact of prohibition of discharge of effluent to San Luis Obispo Creek This was an important item to the people living below San Luis Obispo 18 Memorandum from David Williamson, Assistant Administrative Officer, notifying the City Council that the next regularly scheduled meeting of the Zone 9 Advisory Committee would be held on August 9 and the primary subject of discussion would be establishment of a streambed maintenance program ' He stated that following a discussion with the County Engineer's Office and the City Public Works Director, the County suggested that maintenance might be accomplished by City work forces with reimburse- ment by Zone 9 The City Public Works Director stated his preference was that work be completed by forces other than City work forces, either County employees or contractors to Zone 9 His recommendation was on the basis that if this were done by County employees or private contractors, then City employees would be available to concentrate on waterways and other drainage facilities which would not be included in the scope of the work undertaken by Zone 9 Mr Williamson continued that he had taken into consideration the fact that work programs undertaken by Zone 9 would be subject to policy review and formulation by the Zone 9 Advisory Committee, which had two City representatives, and funding would be from all of the property owners living within the San Luis Obispo creek watershed In terms of work accomplishment, it seemed reasonable that -the steps from policy formulation to actual completion of work be directly coordinated through a single office or individual which should be the County Engineer's Office Under this arrangement the City would have the opportunity to review and evaluate the type of work to be done within the waterways This would include review by the Waterways Planning Board ' If the City were to adopt the procedure proposed by the County, work would be done under the supervision of the City and problems in communi- cation between the City staff and the County would result because responsibility for actual work would be with one agency and funding would be from another agency He asked that the City Council consider this matter and advise the City's Zone 9 representatives as to the best approach for the City The City Council discussed with the City's representatives to the Zone 9 Advisory Board, and felt they concurred with the staff recommendation that Zone 9 handle streambed maintenance either through the County Engineer's Office with their own employees or with contract employees, and the City not be involved in the actual maintenance program 19A D F Romero, City Engineer, submitted to the City Council a presentation made by him before the Water Quality Control Board in Santa Maria on July 24, 1974, regarding the Basin Plan He stated that the main thrust of his presentation was that even the State consultant on the Basin Plan was uncertain as to the direction which the City should be required to take in disposing of its treated effluent He requested that the Board give direction to the City that a thorough study be made of the benefits and detriments to stream discharge, and that this study be financed under a federal grant for sewage disposal He also stated he asked that the Water Duality Control Board have the consultant submit more detailed information regarding the environmental impact of prohibition of discharge of effluent to San Luis Obispo Creek This was an important item to the people living below San Luis Obispo City Council Minutes August 6, 1974 Page 10 He concluded that the Water Quality Control Board was merely gathering information at this hearing, and the information submitted would be used for additional modification to the Plan which would be subject to a final hearing sometime in the future I The City Council thanked the CiTy Engineer for bringing them up to date on his presentation before the WOCB I 9 D F Romero, City Engineer, submitted for the City Council's consideration a proposed resolution which would add additional support to the presentations made by him before The Water Quality ConTrol Board The City Council discussed the resolution entitled, "A resolution of the Council of the City of San Luis Obispo requesting modification to the Basin Plan and Discharge Requirements for the San Luis Obispo Sewage Treatment Plant" On motion of Councilman Gurnee, seconded by Councilman Graham the following resolution was introduced RESOLUTION NO 2651 (1974 Series), a resolution of the Council of the City of San Luis Obispo requesting modification to the Basin Plan and Discharge Requirements for the San Luis Obispo Sewage Treatment PlanT Passed and adopted on the following roll call vote AYES Councilmen Brown, Graham, Gurnee and Mayor Schwartz NOES None ABSENT Councilman Norris On motion of Councilman Gurnee, seconded by Councilman Graham the following resolution was introduced RESOLUTION NO 2650 (1974 Series), a resolution of the Council of the City of San Luis Obispo asking the Channel Counties Division of the League of California Cities to recommend to the League support for legislation providing dual City - County control of the unincorporated areas surrounding — cities Passed and adopted on the following roll call vote AYES Councilmen Gurnee, Graham, Brown and Mayor Schwartz NOES None ABSENT Councilman Norris The City Clerk was instructed to provide sufficient copies to all cities in the Channel Counties Division for their consideration at The August 9, 1974, meeting 19C The Mayor submitted for the Council's information a letter he received from George E Hoffman, owner of the Hidden Hills Mobi lodge on Tank Farm Road, asking that they be annexed to the City or at least , have their sewage taken care of by the City of San Luis Obispo In the Hoffman letter the Mayor stated that the property owners had been requested by representatives of the Regional Water Quality Control Board City Council Minutes August 6, 1974 Page II to request such sewage service The Mayor stated he wrote a letter to Mr Hoffman asking that they submit to the City Council what new information had been presented by the Water Quality Control Board to warrant a hearing before the City Council The Mayor stated he felt that before the Council would again hear the same problem, they ' wished to have additional input The Mayor submitted a letter, a copy of which was sent to Mr Hoffman from Kenneth R Jones, Executive Officer, stating that the recent permit granted to the City of San Luis Obispo for sewage treatment specified that the City could no longer adhere to the present system of waste discharge In order to comply with the permit the City must modify their system Mr Jones stated that the City must allow Mr Hoffman to connect to the City's water system, if not allowed, the WQCB staff would recommend denial of any Federal and State monies granted to future projects for the City of San Luis Obispo The Mayor stated he was not asking for action but wanted to bring the matter to the Council's attention 21 D F Romero, City Engineer, presented plans and specifications for purchase of WASTEWATER TREATMENT PLANT BARMINUTOR for the City Sewage Treatment Plant The estimated cost was $16,000 On motion of Councilman Gurnee, seconded by Councilman Graham the City Engineer was authorized to call for bids on this item 22 0 F Romero, City Engineer, presented plans and specifications for PARALLEL SEWERLINES PROJECT, City Plan No 46 -74 The estimated cost was $41,000 The parallel sewerlines would be Santa Rosa, ' Monterey to Marsh, CIP #21 - Palm 8 Grove to California and Monterey added to this CIP item On motion of Councilman Gurnee, seconded by Councilman Brown the plans and specifications were approved and the City Engineer was authorized to call for bids Motion carried, Councilman Norris absent 23 Wayne Peterson, Assistant City Engineer, presented plans and specifications for the LOS OSOS VALLEY -OLD TOWN WATER MAIN CONSTRUCTION, City Plan No W73 -10 The estimated cost was $652,000 CIP #1 On motion of Councilman Gurnee, seconded by Councilman Graham the Council approved the plans and specifications and authorized the call for bids Motion carried 24 Memorandum from Wayne Peterson, Assistant City Enoineer, notifying the City Council that they had notified California Polytechnic State University of an increase in the cost of sewage treatment under agreement which allowed an adjustment to a rate charged per million gallons of sewage treatment on a regular basis At the request of University representatives, the matter was continued for consideration to the August 19, 1974 meeting 25 D F Romero, City Engineer, presented for the Council's ' consideration an amendment to the Broad - Lincoln Culvert Project presently under construction for drainage on Old Garden Creek City Council Minutes August 6, 1974 Page 12 The City Engineer stated that plans and specifications for this contract called for a reinforced concrete box culvert During construction, the contractor experienced some serious difficulty with retention of the natural earth banks while excavating for the culvert The contractor had suggested a substitution which would provide for extra large blocks with cells of sufficient dimension to provide for the full reinforced concrete wall specified There was sufficient benefit to the contractor that he was willing to give a credit of $2,000 to the City if the change were permitted The change would result in a slight increase in the amount of steel, the concrete, and strength of The box culvert, with a net cost savings to the City The City Engineer stated he had no objection to the change, however, it was such a significant deviation from the plans, he wished to submit this for Council review and approval Since this change was a key item, the work could not progress until the contractor had an answer from the City Council Therefore, he wanted to discuss this matter with the City Council at this time He then submitted samples of the type of blocks or cells that would be used in lieu of concrete culvert He assured the City Council that the wall would be as strong or stronger using the substitute material On motion of Councilman Brown, seconded by Councilman Graham the City Engineer was authorized to make the amendment as recommended On motion of Councilman Brown, seconded by Councilman Graham the meeting adjourned at 3 10 P M , August 6, 1974 to 7 30 P M , August 12, I 1974 Motion carried, Councilman Norris absent APPROVED November 4, 1974 " F TRICK, CITY CLERK IPledge Roll Call City Staff MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, AUGUST 12, 1974 - 7 30 P M CITY HALL Present John Brown, Myron Graham, T Keith Gurnee, Jesse Norris and Kenneth E Schwartz Absent None Present J H Fitzpatrick, City Clerk, R D Miller, Administrative Officer, A J Shaw, Jr , City Attorney, David Williamson, Assistant Administrative Officer, William Flory, Director of Parks and Recreation, E L Rodgers, Police Chief, Wayne Peterson, Assistant City Engineer, Lee Schlobohm, Fire Chief, Robert Strong, Planning Director I Continued discussion of the report by the Ad Hoc Task Force Committee on Resource Inventory and proposed amendments to Ordinance No 604 (continued from the Council meeting of August 5 and 6, 1974) Mr Frank Exter, Chairman of the Ad Hoc Task Force Committee on Resource Inventory again reviewed in detail the activities of the Task Force over the past seventeen weeks of study He then stated, on behalf of the Task Force, that they recommend-that the Ciry Council be guided by the following two principles The City has the responsibility to determine the availability and adequacy of municipal services and resources to any property in the City of San Luis Obispo and to make that information available to the public 2 The citizenry of the City have the right to know the condition of the City's resources at all times in order that the City's costs for proposed increases in resource inventories can be measured against development benefits to the community In order to realize these principles, the Task Force recommends I The City should develop and maintain up -to -date and rellable information on the current and future capa- bility of the City's basic resources i 2 The resource inventory system should include a) Water sources b) Water distributions systems City Council Minutes August 12, 1974 Page 2 c) d) e) f) 9) h) i) J) k) I) Fire fighting capability Sewage treatment capacity Sewage collection systems Parks and open spaces Land by use category Schools (coordinate with school district and college authorities) Storm drainage Police Library Pedestrian and vehicular circulation 3 It is reasonable to expect department heads to certify as to the availability and adequacy of municipal resources 4 The City Council should establish certification procedures 5 The procedures to be used should be set forth in an ordi- nance 6 In instances where city department heads presently have sufficient informaTion to certify as to the availability and adequacy of municipal resources, the City should accelerate its efforts to collect, chart and map missing information 7 The City should allocate adequate budget to correct inventory gaps and to maintain the total resource inventory constantly up to date 8 In the meantime, it is reasonable to expect department heads to proceed with a certification program and to do immediate localized investigations to ascertain and report on the status of resource capabilities for individual projects Based upon presentations made to the Task Force by City department heads, the majority of The Task Force had the opinion that the present ability of City departme -t heads to cerTify as to the availability and adequacy of municipal resources exists now, except in the case of sewage collection because of the new regulation of the Water Quality Conrrol Board and in the case of land use by category because of the pending revision of the General Plan The Task Force concluded that There should be amendments to the present draft of Ordinance 604 The Task Force recommends the following There should be added to the preamble of Ordinance 604 the statement that it is the City's responsibility to provide facilities for expecTed and reasonable future growth 2 City standards and criteria should be reviewed and established before The adoption of'Ordinance 604 (and Section 2800 5 of the Ordinance 604 as presently written should be deleted) 3 The ordinance should reflect that the City has the responsibility to determine and allocate, between the City and the property owner, The costs of making improvements to public resources and facilities required as a condition of improvement to property according to the benefiT conferred 4 The ordinance should reflect that the City has the responsibility to act, within the City's financial resource capability and according to planning guide- lines, to resolve resource deficiencies City Council Minutes August 12, 1974 Page 3 5 The ordinance should establish two levels of criticality Level I Level I includes life and safety support systems such as water (supply and distribution), sewer (collection and treatment), and flood control (storm drain) facilities Inadequate facilities shall be the basis for permit denial and hearings shall be held in accordance with the provisions contained in Ordinance 604 to determine appropriate remedial action Level 2 Level 2 shall include safety and security services such as fire, police, pedestrian and vehicular circulation, social, cultural and educational facilities such as youth centers, libraries and schools In- adequate Level 2 facilities shall be a basis for initiation of hearing procedures as specified in Ordinance 604 to determine corrective solutions, however an inadequacy of Level 2 type facilities shall not be a basis for denying the issuance of permits 6 The ordinance should provide that when a governmental entity other than the City of San Luis Obispo requests additional resources, the request shall be processed in accordance with the procedure contained in Ordinance No 604 In addition to the above, the Task Force makes the following general recommendations That recognition be given to possible impacts which result from decisions made by public agencies other than the City of San Luis Obispo and recommend that the City explore the possibility of establishing procedures to coordinate the development of these agencies and their affect upon City resources 2 That Ordinance 604 be adopted with the amendments recommended by the Task Force incorporated therein The City Council discussed with Frank Exter some of the thinking behind the recommendations of the Task Force on ways and means of keeping up on the resource inventory of City facilities Mrs GlennaDeane Covey reviewed the reasons for the minority report for Council information The primary objection was to the amendments which were recommended regarding the draft of Ordinance No 604 She felt that some of the amendments needed clarification before incorporating them into the ordinance, and therefore raised the following questions Amendment NI Where does the City's greater responsibility ' lie? To the present residents and taxpayers? To transient residents? To property owners or residents outside the city? To the developer? What is reasonable growth? Amendment k3 Is this not already a City policy? Why does it need to be in this ordinance? City Council Minutes August 12, 1974 Page 4 AmendmenT $4 As in Amendment NI, where does the City's greater responsibility lie? Which deficiencies should get attention first? How should the City's financial resource capability be ' determined? By the current budget? Bonding capacity? Taxing to the maximum limits? Revenue sharing funds? In considering Amendment N2, she agreed that standards and criteria should be adopted as soon as possible, but felt that this direction should remain as part of the ordinance, as in Section 2800 5 The ordinance should be the law which required the establishment of such standards In regard to Amendment #5, they requested the inclusion, under water in Level I systems, of a distinct reference to fire fighting capability Not spelling it out could conceivably lead to another situation such as the current problems in the Los Osos Valley They did agree with the balance of the Task Force recommendations, however, they respectfully requested the Council's consideration of the minority viewpoint Mayor Schwartz declared the public hearing open Maritha Hughes, Executive Secretary, San Luis Obispo County Building Contractors Association, stated she felt the recommendation submitted to the City Council on behalf of the Ad Hoc Task Force Committee was the majority feeling of the Committee She further felt the Committee did a good job for the City and the City Council should accept their report on the basis and the feeling that it was submitted Fred Strong, Executive Director, CEBES, felt the Task Force had come up with an extremely expert report and his organization endorsed their recommendations for Council consideration He felt that only through implementation of the recommendations of the Ad Hoc Task Force Committee would the City really get a handle on their resources and gust what they had available Mrs Caralas, Tanglewood Drive, asked if the Task Force recognized the limitations of The General Plan when they were discussing the recommendation "reasonable growth" Frank Exter stated the General Plan was not used as a limiting factor in their use of the term "reasonable growth" William Mc Keen felt the Task Force had done a good fob, but he felt the CiTy Council should put this issue on the ballot so that the Citizens of the community could vote on growth or non - growth patterns for the community David Huqhes, an attorney, opposed placing this issue on the ballot as he felt it was too complicated an issue for the average voter in San Luis Obispo to understand Further, he felt the standards and criteria should be placed in detail in the proposed ordinance so there would be no confusion by anyone reading the ordinance Brian Lawler felt the growth definition should be included in the ordinance so That there was no question as to what the citizens of San Luis Obispo meant when they use the words "reasonable growth" City Council Minutes August 12, 1974 Page 5 N Weber, Flora Street, spoke in support of the Task Force recommenda- tion on amendments to Ordinance No 604 Mr Roca, 1701 Los Osos Valley Road, felt the City of San Luis Obispo should not try to limit growth but should try for reasonable growth within their capabilities to serve the growth Mrs B Walters, 392 Christina Way, stated she was in support of growth control in order to protect the air that we all need to exist, because with growth comes pollution Mr Hal Boyle, Task Force member, spoke in support of the Task Force recommendation stating that these things were studied in detail and the recommendations were not being made facetiously Art Jack, resident of San Luis Obispo, spoke in favor of clarifying wording in the ordinance and to remove vagueness and confusion that existed in the original ordinance Or Larry Field objected to the recommendation of the Task Force, and stated the City had the responsibility to provide facilities for expansion and reasonable future growth He felt it was wrong for taxpayers to be forced to install facilities for people coming to the community Elsie Schmidt felt the developers should pay for facilities to serve their development, and they should not expect City taxpayers, who were already burdened with supporting an antiquated system, to pay for new people coming to the community Mayor Schwartz declared the public hearing closed A J Shaw, City Attorney, commented on several words used in the Task Force recommendation and felt they should be clarified if adopted by the City Council Councilman Brown stated he agreed generally with the recommendations of the Task Force, but felt the City Council should take the recommendations, review them section by section, and approve them in that way Councilman Graham felt the public comments clarified the recommendation of the Task Force, and he felt the City Council should now proceed with its adoption and amendments to Ordinance No 604 Councilman Gurnee felt the Task Force recommendations reinforced the need of an ordinance similar to Ordinance No 604, although he disagreed with the Task Force Committee's recommendation regarding facilities He felt that the section should read "for expected and reasonably planned future growth" He agreed with adequate criteria and standards being included in the ordinance, and he also wondered why with all the time spent by the Task Force, no comment had been made regarding financing of the needed facilities For example, he wondered why there was not a construction tax proposed to help make up these deficiencies in the City's resources He also felt the Task Force should have come up with criteria for facilities for development He hoped the City Council would direct the staff to prepare an ordinance similar to Ordinance No 604 for guidance of City staff and citizens of San Luis Obispo which would include definitions for full information He also felt the staff should be directed to City Council Minutes August 12, 1974 Page 6 prepare a report on facilities, resources presently available in the City which would include an inventory checklist, and a reporting system to the City Council Councilman Norris stated he supported the findings of the Task Force ' and hoped the Council would include them in an ordinance He stated he too would support a resource inventory and a reporting ` procedure, and he also would support the adoption of standards and criteria, but while this was being done, an ordinance should be prepared which would include the standards He felt the ordinance should spell out the City Government's responsibility in supplying vital services to their citizens Mayor Schwartz felt the Task Force had done a good fob for the City, and he felt that Ordinance No 604 was not a growth or no- growth ordinance, but felt it was more a management tool for the City staff's guidance He felt the ordinance was introduced to force the City staff to be on top of City facilities, so vital services could be continued to the citizens He felt an adequate resource inventory would also bring deficiencies to the City Council's attention in sufficient time In that way, the Council could be aware of the problem and corrective action could be taken He felt the City Council should order Ordinance No 604 to be rewritten taking into consideration the suggestions of the Ad Hoc Task Force He also felt the City staff should look into needed criteria to be placed in the ordinance for the guidance of staff and developers 'He concluded, he could not buy the Task Force recommendation that it was the City's responsibility to supply facilities for new develop- ment He felt the City should proceed with gathering the resource inventory and report procedures should be established to inform the Council and the public of conditions of the City's resources He felt the City staff should complete the criteria and standards sections for inclusion in the ordinance and for public information Councilman Norris felt the City Council should adopt all recommendations of the Task Force and include them in a new ordinance 9 40 P M Mayor Schwartz declared a recess 9 50 P M The meeting reconvened with all Council members present The City Council then reviewed each section of the report by the Ad Hoc Task Force Committee and either accepted or amended the individual recommendations of the Committee as follows Al The City has the responsibility to determine the availability and adequacy of municipal services and resources to any property in the City of San Luis Obispo and make that information available to the public The recommendation was adopted A2 The citizenry of the City have the right to know the condition of the City's resources at all times in order that the City's costs for proposed increases in resource inventories can be measured against development benefits to the community The recommendation was adopted BI The City should develop and maintain up -to -date and reliable information on the current and future capability of the City's basic resources The recommendation was adopted City Council Minutes August 12, 1974 Page 7 B2 The resource inventory system should include a) Water sources b) Water distributions systems c) Fire fighting capability d) Sewage treatment capacity e) Sewage collection systems f) Parks and open spaces g) Land by use category h) Schools (coordinate with school district and college auThorities) i) Storm drainage j) Police k) Library 1) Pedestrian and vehicular circulation This recommendation was adooTed B3 It is reasonable to expect department heads to certify as to the availability and adequacy of municipal resources The recommendation was adopted B4 The City Council should establish certification procedures The recommendation was adopted B5 The procedures to be used should be set forth in an ordi- nance The recommendation was adopted B6 In instances where City department heads presently have sufficient information to certify as to the availability and adequacy of municipal resources, the City should accelerate its efforts to collect, chart and map missing information The recommendation was adopted B7 The City should allocate adequate budget to correct inventory gaps and to maintain the total resource in- ventory constantly up to date The recommendation was adopted B8 In the meantime, it is reasonable to expect department heads to proceed with a certification program and to do immediate localized investigations to ascertain and report on the status of resource capabilities for individual projects The recommendation was adopted Cl There should be added to the preamble of Ordinance 604 the statement that it is the City's responsibility to provide facilities for expected and reasonable future growth The recommendation was adopted with Councilman Gurnee voting No C2 City standards and criteria should be reviewed and established before the adoption of Ordinance 604 (and Section 2800 5 of the Ordinance 604 as presently written should be deleted) The recommendation was amended and adopted as follows "City standards and criteria should be reviewed and established before adoption of Ordinance No 604" CiTy Council Minutes August 12, 1974 Page 8 C3 The ordinance should reflect that the City has the responsi- bility to determine and allocate, between the City and the property owner, the costs of making improvements to oublic resources and facilities required as a condition of improve- ment to property according to the benefit conferred The , recommendation was adopted C4 The ordinance should reflect that the City has the responsi- bility to act, within the City's financial resource capability and according to planning guidelines, to resolve resource deficiencies The recommendation was adopted as amended Drop "planning" and substitute "General Plan Guidelines" C5 The ordinance should establish two levels of criticality Level I Level 1 includes life and safety support systems such as water (supply and distribution), sewer (collection and treatment), and flood control (storm drain)facilities Inadequate facilities shall be the basis for permit denial and hearings shall be held in accordance with the provisions contained in Ordinance 604 to determine appropriate remedial action Level 2 Level 2 shall include safety and security services such as fire, police, pedestrian and vehicular circulation, social, cultural and educational facilities such as youth centers, libraries and schools Inadequate Level 2 facilities shall be a basis for initiation of hearing procedures as specified in Ordinance 604 to determine corrective solutions, however an inadequacy of Level 2 type facilities shall not be a basis for denying the issuance of permits Level 1 was adopted as amended add "water (supply, distri- bution and fire flows)" with Council approval of appeals Level 2 was adopted as amended "with Council approval of appeals" C6 The ordinance should provide that when a governmental entity other than the City of San Luis Obispo requests additional resources, the request shall be processed in accordance with the procedure contained in Ordinance No 604 The recommenda- tion was adopted DI That recognition be given to possible impacts which result from decisions made by public agencies other than the City of San Luis Obispo and recommend that the City explore the possibility of establishing procedures to coordinate the development of these agencies and their affect upon City resources The recommendation was adopted D2 That Ordinance 604 be adopted with the amendments recommended by the Task Force incorporated therein The recommendation was adopted After reviewing the Ad Hoc Task Force Committee's report, on motion of Councilman Brown, seconded by Councilman Graham the City staff was directed to proceed with a rewrite of the ordinance which would include procedures for resource inventory and reporting procedures Motion carried, report to be submitted to the City Council on September 16, 1974 2 Councilman Gurnee submitted for the Council's consideration a recommendation that the Council order a charter amendment to be placed on the November ballot which would change the method of establishing compensation for the Mayor and Council Members This would increase The Mayor's present salary from $250 per month to $750 per month, and increase the Council Members monthly pay from $150 to $500 per month I City Council Minutes August 12, 1974 Page 9 and also to include in the charter amendment a method for annual cost -of- living adjustments in both the Mayor's and Council Members' salaries Councilman Gurnee stated he realized the subject of pay increases for elected City Officials was certain to be an inflammatory issue, but he was convinced the Council and citizens would support increases in a reasonable and justifiable position On this basis, he stated that since 1967 the City Council had been receiving their present salary and the cost of living had increased over 32 per cent He also stated that since 1967 the Council meeting load had increased substantially, with the Council meeting at least four times per month, including many noontime sessions and other special meetings to consider the increasing workload of City business He felt with the changing responsibilities of City Government, the increasing size of the City, and the increasing level of services, the Council should be more fairly compensated for their time He also stated the City budget had tripled since 1966/67, which was a further indication of the increasing Council workload, demanding more attention and time of Council Members He stated the proposed pay increase for Council Members would still be $140 per month below the lowest paid full -time City position at this time, and the Mayor's salary would be less than 90 per cent of the City's total employee work force He suggested that the charter amendment include a provision for annual salary adjustments, which would assure that elected officials' salaries would keep at a regular pace with fluctuations in the cost of living and was worded in such a way to require an increase or decrease in salary commensurate with percentage changes in the cost of living index In conclusion, these increased salaries would certainly imply that those elected to City office would be expected to devote more time to the duties of that office The salaries were not so high to consti- tute a full -time job, but they were high enough to warrant the election of people who would be expected to be more accessible to the citizenry and spend more time on the job Mayor Schwartz declared the public hearing open Maritha Hughes, Executive Secretary, SLO County Building Contractors Association, stated she was in support of a slight increase in the Council Members' and Mayor's salary, but felt the Council Members were performing a duty and service to the community and were not in the job for financial gain She felt the proposed increases were just too _high Per Mathiesen stated objection to the salary increase recommended, felt the Council duties were a service to the community and to the citizens and were not for financial gain He was opposed to the salary increase David Hughes asked why the City Council felt they need such a tremendous increase in their salaries Councilman Gurnee again listed seven reasons why he felt the City Council should receive an increase in salary Mayor Schwartz declared the public hearing closed City Council Minutes August 12, 1974 Page 10 Councilman Brown stated he was opposed to a salary increase for part -time, elected officials He felt the money should be spent on full -time staff and urged the City Council not to put this propo- sition on the November ballot Councilman Graham stated he would support a salary increase in line with the cost of living, but would not agree with the amounts suggested by Councilman Gurnee He felt it was too high and was not fair and he therefore would not support the recommendation Councilman Norris stated he was opposed to a request for a raise in pay for members or The City Council He was opposed to putting such an idea on the ballot He said he considered being a councilman as his community service activity, and he felt he served the people as their councilman He also felt the Council must think about the large number of citizens who served the City on Planning Commissions and other advisory bodies when they did not even get any salary and here the Council was asking for a tremendous increase He felt the duty of the Councilman was to listen to the people, sit on the Council, and set policy He felt it was not the duty of the City Councilmen to hang around City Hall and interfere in the day - today activities of Administration and Department Heads He was opposed to cluttering up the ballot with a raise and in pay proposals for members of the City Council He would oppose any action to increase the salaries Mayor Schwartz_ stated he was in support of a salary proposal which would increase the salary in proportion to the cost of living increases He also felt that in light of increased workload for the Mayor and City Council, some increase in salary should be made He felt that as the years went by, elected City Officials were going to be spending more and more time on City business BUT, he was opposed to The amount being proposed by Councilman Gurnee He felt that some day the citizens of San Luis Obispo would have to face the cost of attracting better people to spend more time on City Government business and The way to attract these people might be by paying higher salaries Councilman Gurnee stated seeing the way the Council felt he asked that the matter be withdrawn and not considered by the City Council 3 Discussion of City Hall organization was continued to an adjourned meeting to be held on Thursday, August 15, 1974 4 Council review of the newsletter format was also conTinued to the meeting of August 15, 1974 5 Memorandum from Robert Strong, Planning Director, requesting Council consideration of the disposal of clean fill material from the Cross -Town Feeder Project to be deposited on locations within the Laguna Lake Park site in areas where prior materials had been placed but further fill was needed It was estimated that approximately 4,000 cubic yards of material (500 truck loads +) would be available, and at least a portion of this amount could be accommodated at The park property, dumped but nofspread or compacted The deposit sites would be selected away from -the lake and shoreline to prevent siltation or other adverse environmental impacts under normal conditions The Laguna Lake Park Master Plan was pending preparation, and the material would be stockpiled until plans revealed whether it should be redistributed, spread, or compacted in place City Council Minutes August 12, 1974 Page II He continued that it was his understanding that the City had utilized this site for deposit of materials in the past, and had periodically dumped occasional loads of surplus, clean fill in the area even recently, but the proposed stockpiling activity was of sufficent magnitude to be more apparent to the public and should be considered by the Council rather than continued without their specific consent He concluded, based upon the information available, the staff recommended that the Council authorize the request To assure that the public was informed, a negative declaration would be filed on this proposal, enabling further notice and additional opportunity for appeal i,f any person was aggrieved by the determination (The Planning Commission would consider any appeal and could consult with other advisory committees, if necessary, to resolve any concerns ) Wayne Peterson, Assistant City Engineer, spoke in support of The memorandum from Robert Strong allowing the City to place clean fill materials at certain points within Laguna Lake Park from the Cross - Town Feeder Project Bill Flory, Park 8 Recreation Director, stated that the proposed area to be filled with the dirt from the Cross -Town Feeder had been set aside as a wildlife sanctuary which prohibited vehicles, but the Park Department had no objection if fill was clean, without debris, and was placed in areas where fill would be needed for future develop- ment ' Ery Johnson, Laguna Lake resident, objected to allowance of dumping on the City park property, any more dumping at least at the magnitude of 4,000 cubic yards He also questioned the present dumping of dirt on this property He hoped the City Council would take disciplinary action on the employees who had allowed the desecration of the park property by the tremendous amount of dirt that had been dumped there in the last few weeks Don Cross, Laguna Lake resident, opposed to the continued dumping on City park property of dirt fill and was also opposed to the new proposal being submitted by the City staff Mrs Dorothea Rible, Laguna area resident, stated she too was opposed to the present dumping and to the proposal by the City She felt the City Council should follow its own grading and permit regulations She then reviewed the history of all the problems that had ever existed in the Laguna Lake area, particularly on the City park property She felt if this dirt plus the sixty truck loads she estimated that had been dumped in the last couple of weeks started to fill the lake, she was sure that future problems would cause flooding to the residents The City Council attempted by questioning the staff as to whom and what had been allowed to be dumped in the park property to date None of the staff members knew of anyone having been given per- ' mission to dump fill in the Laguna Lake area, except that the Park Departmentloccasionally took a pick -up load of clean fill and put it in the park property After discussion, on motion of Councilman Gurnee, seconded by Councilman Brown that the City Council deny the request of the City Council Minutes August 12, 1974 Page 12 City staff, that they be required to find a new site for the Cross - Town Feeder dirt, and further that the City staff be directed to find out who had been dumping fill on the property, have the fill removed, and instruct all personnel that there would be no dumping or filling in any flood plain by City departments Motion carried, ' all ayes 5B Communication from the Assistant Countv AdministraTive Officer informing the City Council that as part of the comprehensive animal control program that was being gone into by the County of San Luis Obispo, a door -to -door canvass is required in order to find out how many dogs were involved within the areas At the present time, all the unincorporated areas had been canvassed and a dog census Taken, and they would now like to proceed within the City of San Luis Obispo The approximate cost of the census would be in the area of $1,500 to $2,000 and would take approximately two weeks There would be ten people conducting the census in the field The County stated that if in the final analysis the City Council did not proceed to accept the contract as proposed, then there would be no obligation to pay the cost of the census The City Clerk reported to the City Council that the money had been budgeted for the last two years to handle a dog census for the City, but until the matter of enforcement had been settled, the money had not been spent, so there were sufficient funds if the Council wished to proceed and he so recommended On motion of Councilman Brown, seconded by Councilman Graham that the City Counc l authorize the County of San Luis Obispo to proceed with the animal canvass 5C On motion of Councilman Graham, seconded by Councilman Brown the following resolution was introduced RESOLUTION NO 2652 (1974 Series), a resolution of the Council of the City of San Luis Obispo confirming liens upon real property parcels for weed abatement costs for the fiscal year 1974/75 Passed and adopted on the following roll call vote AYES Councilmen Graham, Brown, Gurnee, Norris and Mayor Schwartz NOES None ABSENT None 6 Consideration of Golf Course lease and /or purchase was continued to August 19, 1974 7 Consideration of current legislation was continued to August 19, 1974 8 Consideration of amendments to the E I R guidelines was continued to August 19, 1974 City Council Minutes August 12, 1974 Page 13 9 Memorandum from Robert Strong regarding joint City Council and commission meetings was continued to August 19, 1974 On motion of Councilman Gurnee, seconded by Councilman Graham the meeting adjourned to 12 10 P M Thursday, August 15, 1974 APPROVED November 41 1974 H PATRICK, CITY CLERK I I MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA August 15, 1974 - 12 15 P M CONFERENCE ROOM, CITY HALL Pledge Roll Call Present John C Brown, Myron Graham, T Keith Gurnee, Jesse Norris and Mayor Kenneth E Schwartz City Staff Absent None Present J H Fitzpatrick, City Clerk, R D Miller, Administrative Officer, A J Shaw, City Attorney, David Williamson, Assistant Administrative Officer, William Flory, Director of Parks 8 Recreation, Robert Strong, Planning Director, Wayne Peterson, Assistant City Engineer 1 David Williamson, Assistant Administrative Officer, presented a report to the City Council entitled, "Organization of City Departments," dated August 12, 1974 He reviewed in detail the concept of management as it applied to the Community Development Department, which oonsists of the Public Works, Planning 8 Building, Water, and Parks $ Recreation Departments He stated the purpose of the report was to analyze and make recommendations which would lead to improvements to be made to help the efficiency and effectiveness both within the community development organization and in the delivery of services to the public After reviewing in detail the proposed organization and alternate schemes, he concluded in summary that the principal purpose for the preparation of the report was to report on the City's existing organizational structure,:and report on means by which efficiency and effectiveness in the delivery of services to the public could be improved while at the same time capitalizing upon the experience and skills of persons in the organization The City organization was faced with an increasing scope of responsibilities and this trend was expected to increase While the current departmental structure had served well, it would be subjected to greater stress in the future because the successful delivery of services required a more compre- hensive program approach than had been true in the past The Federal and State bureaucracies were the first to experience this stress The public shifted its increasing demand for services to State and Federal agencies once it was realized that these agencies had greater financial resources than cities These agencies attempted to provide the services, but soon realized they could not, and through revenue sharing were now transferring both resources and responsibility to local government Dave Williamson stated, in his opinion, reorganization was essential if the City was to regain the level of productivity that was possible prior to the advent of revenue sharing, increasing subventions, environmental concern, greater citizen participation and the greatly increased work load required to administer these responsibilities While there were a multitude of organizational possibilities, he recommended that the organization shown as "Exhibit C" represented the best thinking for maximizing functional structure, ease of administration, operational effective- ness, future growth of the organization, and the very important factor of the skills of the persons now part of the organization Reorganization could be by means of a series of phases beginning with those who were employed in City Hall and then those who work from decentralized facilities City Council Minutes August 15, 1974 Page 2 He concluded that he fully recognized that change was difficult and initially might appear to be counterproductive He felt it would be several months before improvements would be evident and in the final analysis, the success of the reorganization would depend largely upon the support it received from those who made up the organization (See report from David Williamson, dated August 12, 1974 for further detail,) The City Council discussed in detail with the Assistant Administrative Officer the various proposals for a functional organization of City Depart -, ' ments within the Community Development Area and the Hu` n Resource Area of the community R D Miller, Administrative Officer, stated to the City Council that he had reviewed the organizational plan submitted by his assistant, and he felt it would be a good approach, should be tried, and he would do all he could to implement the plan if adopted by the Council On motion of Mayor Schwartz, seconded by Councilman Brown that the City Council accept the organizational concept Exhibit "C" for the City of San Luis Obispo as presented by the administrative staff, and the administrative staff was requested to bring back a final report on implementation including assignment of personnel Motion carried, all ayes 2 Agenda Item No 3 from the August 12, 1974 meeting, a memorandum from Councilman T Keith Gurnee regarding the approval by the City Council of a questionnaire which would provide a direct assessment of management and administrative personnel and department heads by those who worked within City government He felt that by having the subordinates complete a questionnaire on various management personnel, it would be extremely valuable in determining the problems of management, the image City employees had of management, and possible areas for improvement He felt the answers to the proposed questions would reveal important information for those involved in devising new management strategies The City Council rejected without motion the proposal of the management questionnaire as proposed by Councilman Gurnee 3 William Flory, Director of Parks 8 Recreation, presented the following recommendation from the citizens' committee engaged in studying the Laguna Lake Golf Course and whether it should be acquired by the City of San Luis Obispo The citizens' committee recommended 1 That the City purchase Laguna Lake Golf Course and continue to use It as a golf course 2 That the City purchase that property now used as a driving range and continue its use as such 3 That the City purchase the 2 4 acre parcel of land that lies west of the parking lot and develop it as a children's playground These recommendations by the citizens' committee were based on the following 1 The recreational value of the activity 2 The use of the area by all sections of the community, and by a wide range of age groups within the community 3 The aesthetic value of the open space area within what will become a densely populated area 4 The probability that in years to come the City would want to con- struct a course for citizens, and the stated purchase price of Laguna Lake Golf Course was now approximately one -half the cost to replace it in kind at today's price of land and construction City Council Minutes August 15, 1974 Page 3 After discussing the recommendations as presented by the citizens' committee, the Park 8 Recreation Commission recommended to the City Council that the City negotiate a one -year lease of Laguna Lake Golf Course at approximately $1,000 per month and retain the option to purchase said property, that the City investigate the asking price and availability of those parcels of land that were now driving range and citizens' committee proposed park, should the City accomplish the lease, the City would install a water meter of a size capable for sufficient flow to irrigate the course in an acceptable manner, and that this remain the property of the City or the City to be reimbursed by the property owner should the City not exercise its option at the end of the lease The motion was unanimously carried by all commissioners present at the Park 8 Recreation Commission meeting David Williamson, Assistant Administrative Officer, also reported to the City Council that the Planning Commission and the planning staff also recom- mended to the City Council that the City purchase the Laguna Lake Golf Course and also the parcel for the needed driving range On motion of Mayor Schwartz, seconded by Councilman Gurnee the matter was continued to the next Council meeting, August 19, 1974, with the staff to report on the area for the driving range and neighborhood park location, also a financial report by staff on availability of funds for purchase or lease of the property and the effect on the Capital Improvement Project Motion carried, all ayes 4 On motion of Councilman Brown, seconded by Councilman Gurnee, Councilman Graham was authorized to leave the state for vacation for the period August 19, 1974 through September 1, 1974 5 The City Council adjourned to Executive Session 6 On motion of Councilman Brown, seconded by Councilman Graham the meeting adjourned Motion carried APPROVED November 4, 1974 F ATRICK, CITY CLERK I Pledge City Staff MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO AUGUST 19, 1974 - 7 00 P M COUNCIL CHAMBERS, CITY HALL Present John Brown, T Keith Gurnee, Jesse Norris and Mayor Kenneth E Schwartz Absent Myron Graham Present J H Fitzpatrick, City Clerk, R D Miller, Administrative Officer, A J Shaw, City Attorney, John Quirk, Assistant Water Director, Captain Englert, Police Department, D F Romero, City Engineer, Robert Strong, Planning Director I At this time the City Council held a public hearing on Resolution No 2640, a resolution of the Council of the City of San Luis Obispo finding that an exposed sewer line in the creek and upon the premises at 546 Hiquera Street may constitute a public nuisance, and ordering a public hearing concerning same and the abatement thereof (See transcript court reporter dated August 19, 1974 ) On motion of Councilman Gurnee, seconded by Councilman Brown, the following resolution was introduced RESOLUTION NO 2654 (1974 Series), a resolution of the Council of the City of San Luis Obispo finding the existence of a public nuisance and ordering the abatement thereof (Mission Trailer Park Sewerline, 546 Higuera Street) Passed and adopted on the following roll call vote AYES Councilmen Brown, Gurnee and Mayor Schwartz NOES Councilman Norris ABSENT Councilman Graham 2 At this time the City Council held a public hearing on Resolution No 2641, a resolution of the Council of the City of San Luis Obispo finding that tree trunks within the creek and upon the premises at 546 Hiquera Street may constitute a public nuisance and ordering a public hearing concerning same and the abatement thereof Continued to September 16, 1974 - property owner agreed to tree removal at City expense (See court reporter's transcript, dated August 19, 1974 ) 3 At this time the City Council considered the FINAL PASSAGE of ORDINANCE NO 622, an ordinance of the City of San Luis Obispo authorizing an amendment to the contract between the City of San Luis Obispo and the Board of Administration of the California Public Employees' Retirement System City Council Minutes August 19, 1974 Page 2 On motion of Councilman Gurnee, seconded by Councilman Brown the ordinance was introduced and finally passed on the following roll call vote AYES Councilmen Gurnee, Brown, Norris and Mayor Schwartz ' NOES None ABSENT Councilman Graham 4 At this time the City Council held a public hearing on the complaint of the management and residents of Oceanaire Mobile Home Park, 1121 Orcutt Road to noise created by a rock band that held practice sessions in a building adjacent to the mobile home park Mayor Schwartz declared the public hearing open Claremore J Fenderson, Owner, Oceanaire Mobile Home Park, appeared before the City Council objecting to noise at 3590 Bullock Lane of a rock band that had been practicing in an open carport which was annoying his tenants, many of whom were extremely elderly and needed their rest He stated sometimes the music was so loud it actually rattled the trailers on the mobile home park property He stated a number of tenants had moved from the park as they were unable to get any rest because the band practiced by the hour, four or five days a week, but never at the same time Lloyd Wheaton, Manaqer, Oceanaire Mobile Home Park, agreed with the comments of Mr Fenderson, the owner, regarding the noise from the rock band He listed dates and times when the noise nuisance occurred He stated it normally carried on from two to four hours per day, day after day after day He stated he had made several complaints to the Police Department, and they had attempted to reduce the noise Ken Davis, park resident, stated the band practices from three to four hours per day, five days per week, and the amplifiers were at extremely high volume It had been just impossible to think, read, or get any kind of rest at all Sally Peasley, Dark resident, objected to the noise, stated it was unbearable and hoped the City Council would do something to protect people where they live Gary Burns, manager of the rock band, stated they normally practiced four days per week from three to six or three to eight in the after- noons He stated that now the band was on tour, so they were not practicing as much as they had been He asked that the Council give his group permission to hold practices from eight to nine hours per week so new songs could be practiced for public appearances He stated the band was willing to turn down the volume in order to limit complaints, as they wished to get along with their neighbors, but they also needed to practice He stated if the volume were as high as they could go, he was sure that it would rattle some of the trailers Robert Strong, Planning Director, stated that the band should meet the noise levels prescribed in the zoning ordinance He also suggested that the City could ask the County to monitor the sound levels at the property lines to see if the band was complying with the regulations of the zoning ordinance, if legal action for abatement was necessary City Council Minutes August 19, 1974 Page 3 A J Shaw, City Attorney, read Municipal Code Section 4225 1 relative to noise and noise control Michael Corbin, 3590 Bullock Lane, band organizer, spoke in favor of allowing the band to practice at his residence He stated they had attempted to contact the adjacent owners and to practice without annoying the neighbors, but he felt the band needed at least three days per week, four hours per day, in order to practice new material Greg Frederickson, mobile home park tenant, stated he worked nights and tried to sleep days He could not sleep due to the excessive noise caused by the rock band, which he stated actually rocked his trailer when they were in operation Mayor Schwartz declared the public hearing closed Mayor Schwartz stated the City Council really had two problems before them the noise, which was annoying adjacent residential properties, and 2 possible violation of the zoning ordinance Robert Strong, Planning Director, again reviewed for the City Council the provisions of the zoning ordinance dealing with noise levels in the R -H and adjacent M zones He explained the zoning ordinance had performance standards dealing with noise It was his recommendation that the band cease and desist unless they met the standards of the zoning ordinance, relative to the number of decibels at the property line He stated that, from testimony received tonight, it was evident without noise ledel instrument readings, that the band would exceed acceptable standards The City Council discussed the complaint before them in relation to property rights and uses of land, and also conditions of the zoning ordinance and noise ordinance of the Municipal Code They felt the Council could take action (1) to declare violation and order a misdemeanor complaint, or (2) order the band to cease and desist as they were in violation of the zoning ordinance Motion of Councilman Brown, seconded by Councilman Gurnee that the City Council order the band to cease practicing with amplifiers, and if the City received any future complaints, they would have the Police and /or Planning Department file the misdemeanor violation as required by City ordinance Motion carried on the following roll call vote AYES Councilmen Brown, Gurnee, Norris and Mayor Schwartz NOES None ABSENT Councilman Graham 5 Communication from C J Fenderson, Owner, Oceanaire Mobile Home Park, protesting to The City Council the classification that they had been placed in by The San Luis Obispo Garbage Company under the compulsory garbage collection ordinance He stated that up to a few months ago they were using a three yard dumpster with pick up six times a week for $42 50 per month When the new rate schedule, recently adopted, went into effect the garbage company reclassified the trailer park at $1 75 per month per space, plus $5 00 per month rental on the dumpster making a total of $122 50 City Council Minutes August 19, 1974 Page 4 C J Fenderson felt this was unreasonable for one three yard dumpster, six times per week, as he felt they should be classified as a business and not as residential properties He felt he should_be paying the new rate of $58 50 per month He felt that the rate should be adjusted by the City Council ' The City Clerk reported that reviewing the complaint of the Oceanaire Mobile Home Park with representatives of the Garbage Company, the City was informed that all mobile home parks and trailer parks were billed in accordance with Municipal Code Section 5200 6A, as apartment units The garbage company also went one step further and charged single -wide mobile homes at the minimum of $I 75 per unit per month, and double -wide mobile homes at $2 50 per unit per month The City Clerk stated he was assured by the garbage company representatives that all mobile home parks within the City had had their billings reviewed and all parks had been treated on the same basis The service supplied to Oceanaire Mobile Home Park at 1121 Orcutt Road was six days per week service for 67 mobile homes at $I 75 per unit, per month equals $117 25, plus $5 00 per month for the container, or a total of $122 25 per month for the park Councilman Norris felt the rates were right according to the ordinance as adopted by the City Council, but he felt the ordinance was wrong in classifying apartments and trailers individually when they used a dumpster and not an individual can collection at each unit He felt apartment units and mobile homes were treated unfairly in comparison with the commercial rates when the same type of dumpster unit was used On motion of Councilman Gurnee, seconded by Councilman Norris that the complaint of Oceanaire Mobile Home Park be ordered received and filed, but the City staff be asked to meet with the San Luis Garbage Company to look into the rationale on the apartment and mobile home park classifications when a dumpster was used Motion carried 9 00 P M Mayor Schwartz declared a recess 9 15 P M The meeting reconvened with all Councilmen present, except Councilman Graham II Robert Strong, Planning Director, presented a film slide show of existing conditions, sketch plans, perspectives, and typical cross - sections of possible design alternatives to the precise plan for portions of Broad Street, State Highway Route 227, within the City of San Luis Obispo being proposed by Cal Trans for reconstruction and widening Robert Strong continued that the preliminary plan being presented for the Council was prepared as a supplement to the State's conventional highway widening project, recognizing that the right -of -way acquisition Tor widening and the basic alignment and design of improvements was already complete Scheduling of construction to commence prior to June 1975, prevented any significant alteration To the project design as proposed by the State Department of Transportation, thus the City's modifications being presented this evening were pre- dominantly a subsequent improvemenT to the development by Cal Trans He continued that the Public Works Department, Department of Parks 8 Recreation, the Water Department, as well as the Department of City Council Minutes August 19, 1974 Page 5 As a separate future project, the City should continue to pursue a specific development plan for the areas adjoining the remaining sections of this State Highway, including proposals for landscaped medians, additional off- street parking, landscaped front yard set- backs, special sign and access driveway controls, formation of underground utility assessment district, and criteria for controlling land use conversions along the route Following the presentation by the Planning Department, the City Council received a report by E F Gregory, District Director of Transportation, stating that the improvements of Route 227 had been under study for many years Early studies covered full freeway developments and complete relocations of the route, as well as expansions of the existing facility The present proposed improve- ment was conceived in the late 1960's through the cooperative efforts of interested citizens, elected officials, and the staffs of the City, County and State A public hearing covering the proposed improvement was held in 1971, and all necessary environmental documents had been prepared and approved The project had developed to the point where contract plans were practically complete, all necessary rights -of -way had been appraised, right -of -way acquisition had been funded, and approximately one -third of the necessary rights -of -way had been acquired Construction funds were recently included in the 1974/75 budget by the California Highway Commission These construction funds must be obligated by a construction contract prior to June 30, 1975, if they were to be used for this project Due to legal constraints, they could not be shifted to a later fiscal year The basic project provided for two lanes of traffic in each direction, Planning 8 Building had reviewed this project, and while different constraints and diverse objectives involved conflicts and necessi- tated some compromises, it was apparent that a real potential existed for accomplishing more than just the traffic and safety improvements proposed by the State ' The plan recommended a two phase improvement program by the City, enabling the State project to progress on schedule without substantial alteration or addition to the initial design The City should pursue immediate preparation of plans and specirications for installation of water and sewer lines, fire hydrants, and street tree planting to be accomplished prior to or concurrent with the State's street reconstruction and widening If additional capital improvement funds were available, the City should also complete plans for underground utilities and installation of landscaped median islands south of Orcutt Road intersection and at the intersection with South Street concurrent with the State project As a separate future project, the City should continue to pursue a specific development plan for the areas adjoining the remaining sections of this State Highway, including proposals for landscaped medians, additional off- street parking, landscaped front yard set- backs, special sign and access driveway controls, formation of underground utility assessment district, and criteria for controlling land use conversions along the route Following the presentation by the Planning Department, the City Council received a report by E F Gregory, District Director of Transportation, stating that the improvements of Route 227 had been under study for many years Early studies covered full freeway developments and complete relocations of the route, as well as expansions of the existing facility The present proposed improve- ment was conceived in the late 1960's through the cooperative efforts of interested citizens, elected officials, and the staffs of the City, County and State A public hearing covering the proposed improvement was held in 1971, and all necessary environmental documents had been prepared and approved The project had developed to the point where contract plans were practically complete, all necessary rights -of -way had been appraised, right -of -way acquisition had been funded, and approximately one -third of the necessary rights -of -way had been acquired Construction funds were recently included in the 1974/75 budget by the California Highway Commission These construction funds must be obligated by a construction contract prior to June 30, 1975, if they were to be used for this project Due to legal constraints, they could not be shifted to a later fiscal year The basic project provided for two lanes of traffic in each direction, with a continuous left -turn lane in the center of the street This would provide access to all properties for both directions of travel The discussions with City personnel had involved the possibility of providing curbed median islands in lieu of the continuous left -turn lanes, thus introducing a positive median control Although they did not recommend the use of curbed medians because they were con- cerned abouT the safety aspects of such installations, they readily admitted that many such installations could be found on City streets and even on State highways throughout the State Such additional features were provided by the local agencies, at their cost, and were installed on State highways under encroachment permits ilssued by the State Such an installation could be provided along Broad Street under these same conditions City Council Minutes August 19, 1974 Page 6 They were primarily concerned with time controls on the present project Broad Street was not only a State highway, but was also on The Federal Aid System Any major change such as this, instituting a posiTive barrier for the presently proposed continuous left -turn lane, would have to be cleared through State and Federal approvals, , further public hearings, and revised environmental documents Such changes also affected the basic understandings in their negotiations with affected property owners The City would have to be the lead agency in initiating such a change in the presently approved project Because of the numerous requirements for clearing major design changes, and built -in time controls, there was no way in which these changes could be cleared in time to incorporate the work in a construction contract with a June 30, 1975 award deadline They fully appreciated the City's interest and efforts to improve the visual appearance of the major entrances to the City It would be entirely possible and practical to develop a curbed landscaped median along Broad Street as a separate future project They would certainly be willing to assist the City in the development of such a future project and in obtaining The necessary State and Federal concurrences and clearances They would also arrange for the issuance of an encroachment permit to cover the project E F Gregory concluded that the comments he had made would clarify the position of Cal Trans in regard to the project modifications suggested by Robert Strong on behalf of the City of San Luis Obispo The City Council discussed the Broad Street project as approved with the Department of Transportation representatives and implementing the recommendations of Robert Strong for landscaping, median strips, etc Ralph Lelonhud, Assistant Director of Transportation District No 5, again reviewed some of the major points in making a change in the contract at this time, which they felt would, to all practical purposes,_ kill The project in San Luis Obispo for at least eight years as there was nothing in their future planning in the next two four -year increments for construction in District No 5 After discussion, it was moved by Councilman Gurnee, seconded by Councilman Brown that the matter of Broad Street be continued to the September 16, 1974 Council meeting for further study and consideration by the Council, and a request that the Planning Commission look into land use implications, and further that the Traffic Committee look into the median strip proposal as presented by the City Motion carried, all Ayes, Councilman Graham absent 6 Memorandum from John Kellerman, Chief Building Inspector, regarding electric fences and control within the City of San Luis Obispo was presented by Planning Director Strong He stated that at the present time the City of San Luis Obispo did not prohibit electric fences within the City The Building Official had reviewed eight cities, tour of which did not have ordinances of any kind regulating electric fences The City of Salinas indicated they would not permit them under an ordinance prohibiting hazardous fences, and the City of Bakersfield stated they would prohibit them using the National Electric Code to support their action Mr Kellerman stated that to proceed along the lines as Bakersfield would be unsatisfactory from a practical standpoint The only ordinances City Council Minutes August 19, 1974 Page 7 which specifically prohibited electric fences were received from the League of California Cities, from the Cities of Escondido, San Marino and Stockton ' He stated that after reviewing these ordinances and the information that he received and considering the problems in our own city, he felt it was feasible to adopt regulations for electric fences He recommended that the regulation include barbed -wire fences and provisions for all types of fences and be made a part of the zoning ordinance This would place the regulation of fences in a document which now regulated other land uses and presently set forth fence guidelines with the exception of barbed wire The desirability of adopting regulations prohibiting electric fences was a policy matter of the City Council He felt that if the City Council wished to proceed, the staff would develop wording for inclusion in an ordinance After discussion by the City Council, the memorandum was ordered received and filed, on motion of Councilman Gurnee, seconded by Councilman Brown, and referred to the Planning Director for possible inclusion in future use permit procedures for agricultural areas Motion carried, all Ayes, Councilman Graham absent 7 D F Romero, City Engineer, presented for the Council's consideration a resolution requesting modification by the Water Quality Control Board of the Basin Plan for the San Luis Obispo wastewater treatment plant The City Council resolved that the final central coastal basin plan of the Regional Water Quality Control Board contain a section dealing in some detail with the impact upon the environment if the Water Quality Control Board required the City to provide unlimited sewer service to developments outside the City which could not be regu- lated or controlled by either the Water Quality Control Board or the City of San Luis Obispo On motion of Councilman Gurnee, seconded by Councilman Norris the following resolution was introduced RESOLUTION NO 2655 (1974 Series), a resolution of the City of San Luis Obispo requesting modification of the Basin Plan Passed on the following roll call vote AYES Councilmen Gurnee, Norris, Brown and Mayor Schwartz NOES None ABSENT Councilman Graham 8 Communication from California Polytechnic State University regarding the proposed rate increase for sewage treatment outlined in the City's letter of July 31, 1974, stating that the letter had been reviewed and found to be consistent with the agreement and established procedure Further, that Cal Poly recognized that sewage treatment costs were also caught in the current inflationary spiral, and therefore agreed to the increase in rate City Council Minutes August 19, 1974 Page 8 Cal Poly offered to prepare an amendment to the agreement for Purchase of Capacity Rights and Sewage Treatment Facilities, dated January I, 1963, between the State and the City of San Luis Obispo and forward it to the City for their approval and signature, although they did request that 5 4 acres of University property, occupied by the Division of Forestry, be billed directly to the Division of Forestry and not to , the University On motion of Councilman Brown, seconded by Councilman Gurnee that the City Council accept The recommendation of the Ciry staff and the acquiescence by Cal Poly, and the Mayor be authorized to sign the Sewage Treatment Agreement when received 9 The City Council again considered the report from the Park 8 Recreation Commission, continued from the August 15, 1974 meeTing, in which the Park 8 Recreation Commission concurred in the recommendation of the Citizens' Committee studying the Laguna Lake Golf Course urging that the City Council negotiate a one -year lease of the golf course at approximately $1,000 per month with an option to purchase Further, that the City investigate the asking price and the availability of those parcels of land now being used for driving range and if the City should accomplish the lease, the City would install a water meter of sufficient size to irrigate the course, and further, that an appropriate mower be purchased for maintenance of the golf course R D Miller, Administrative Officer, submitted a report to the City Council of the status of the Capital Improvement Expenditures and outstanding commitments as well as anticipated expenditures during this fiscal year He stated it showed that all projects could be funded providing the Council were agreeable to borrowing $400,000 from existing reserve accumulations for capital projects ' The Administrative Officer felt that his projections were quite conservative and there was a strong possibility that many of the budget items would not be completely paid for this fiscal year He felt that in that event, there would be no need to touch the reserve funds He then reviewed in detail the 1974/75 Capital Improvement Program Councilman Gurnee stated he was in support of the recommendation of the Park 8 Recreation Commission for the City to continue the lease of the golf course for one more year, and to use reserve funds to purchase other open space, capital improvement project items within the fiscal year Councilman Norris stated he was in support of the Capital Improvement Program as a way of getting major items completed and acquired, but he was opposed to buying the golf course in this fiscal year He felt that the City should continue the lease for one more year with an option to buy at that time Councilman[gr_nwn! stated he felt the purchase of the golf course was premature as the relationship of cost to benefits was too high Also, he would go along with another year's lease to see who used the course and how often they played, but he would be opposed to purchasing it at this time :1ayor Schwartz reviewed the steps to date on the City's lease of the Laguna Lake Golf Course and the recommendation from the Park 8 Recre- ation Commission that the City lease the course for one more year, then consider the purchase at The expiration of the lease Mayor Schwartz stated the City Council should consider that if the Park 8 Recreation Commission really wanted to the City to purchase the golf course at this time, then the City should do it now, when the City Council Minutes August 19, 1974 Page 9 cost was known and without the additional one year's lease payment He urged that the City Council consider buying the golf course at this time On motion of Councilman Gurnee, seconded by Councilman Norris ' that the City Council re- negotiate the lease on the golf course for one more year with an option to buy at the end of the one -year period, with the Mayor authorized to execute said lease Motion carried on the following roll call vote AYES Councilmen Gurnee, Norris and Brown NOES Mayor Schwartz ABSENT Councilman Graham On motion of Councilman Norris, seconded by Councilman Gurnee that the City Council authorize purchase of a lawn mower and tractor for the Park Department for use at the Laguna Lake Golf Course Motion carried, all Ayes, Councilman Graham absent On motion of Councilman Gurnee, seconded by Councilman Brown the City Council authorized change of the present 2" water meter to a 4" water meter at the golf course in order to allow adequate irrigation of the course Motion carried, Councilman Norris voting No, Councilman Graham absent 10 Memorandum from Robert Strong stating that the Planning Commission on August 6, 1974 unanimously recommended several addi- tional changes to be considered for incorporation into the revised ' guidelines for EIR Procedures I To authorize staff determination, pursuant to environmental assessment application, on whether an EIR or negative declaration was appropriate 2 To consider any appeals of Negative Declarations or to review draft EIR acceptability, at least one meeting prior to scheduling Commission hearing on the project proposal, enabling opportunity for appeal prior to action on the project The City Attorney requested that this matter be continued so he would have an opportunity to compare the new environmental impact guideline procedures and the amendments being recommended by the Planning Commission He suggested that this be continued to the meeting of September 3, 1974 The City Council concurred in the request of The City Attorney IDA At this time the City Council discussed the format for the proposed newsletter, which was continued from the August 5 and 15, 1974, meetings Councilman Norris stated he had reviewed the format of the proposed newsletter He was in support of the newsletter if the articles could be kept factual, and if no party -line or specific bias would be entered in the articles being presented City Council Minutes August 19, 1974 Page 10 Councilman Gurnee stated he too was in support of the format or the newsletter, but felt there should be some place in the newsletter for controversial discussion of subjects on City policies, ordinances, etc He also felt with proper arrangement the newsletter could be I used for polling purposes by the City Council to get input from the citizens, who could fill out simple questionnaires and mail them back to the City for guidance of the City Council Councilman Brown stated he too was in support of the format and the concept of a newsletter He felt the City should get one out to get reaction from the citizens before additional issues were prepared Mayor Schwartz stated he too was in support of the format of the newsletter and the concept He felt it was primarily a newsletter of City actions and was not to be used as a political tool of any Councilman or for propaganda of any theory by a minority group of citizens On motion of Councilman Norris, seconded by Councilman Brown that the City proceed with the newsletter as presented and the format as approved Motion carried, all Ayes, Councilman Graham absent 12 Memorandum from the Planning Commission recommending abandonment of a portion of Sierra Way, George and Iris Streets, Charles French, applicant All three portions of the streets being requested for abandonment terminate at the applicant's properTy The applicant was the French Hospital and because of recent expansion ' Of The hospital parking lot, they had now acquired all property which fronred on the subject portions of those streets Those portions proposed for abandonment no longer served their original function of providing access to individual properties The applicant was requesting abandonment with the intent to incorporate the street stubs into the parking area for the hospital complex and possible residential development There were no structures fronting on the proposed abandoned portions of either of these streets Because there were some remaining utilities in and over portions of the streets, it would be necessary that easements acceptable to the various utility companies and the City be retained as a condition of street abandonment The Planning Commission at their regular meeting of August 6, 1974, by Resolution No 591 -74, unanimously recommended to the City Council abandonment of portions of Sierra Way, George and Iris Streets, subject to the following conditions That utility easements be retained subject to the approval of the utility companies and the City 2 Reversion to acreage be accomplished prerequisite to the abandonment ' 3 Property and improvements necessary to provide a turn- around at the end of Iris and George Streets be approved and dedicated to the City prior to recording final street abandonment City Council Minutes August 19, 1974 Page II 4 That the above be accomplished within one year of the date of approval by the Planning Commission The City Attorney suggested that the City Council might wish to adopt a resolution of intention to abandon, setting a time for hearing, but that no final action be taken until the conditions as recommended by the Planning Commission had been accomplished On motion of Councilman Gurnee, seconded by Councilman Brown the following resolution was introduced RESOLUTION NO 2656 (1974 Series), a resolution of the Council of the City of San Luis Obispo expressing the Council's intention to initiate abandonment proceedings for portions of Sierra Way, George Street and Iris Street Passed and adopted on the following roll call vote AYES Councilmen Gurnee, Brown, Norris and Mayor Schwartz NOES None ABSENT Councilman Graham 13 A petition signed by members of the Senior Citizens' Center requesting installation by the City of an upright shuffleboard table or two at the Senior Citizens' Center was referred to the Park 8 Recreation Commission for analysis and report to the City Council 14 Communication from Milton E Willeford, Certified Public Accountant, informing the City Council that he would be willing, as the independent auditor for the 1973/74 audit of City records, to conduct an examination of revenue sharing funds in accordance with the regulations of Public Law 92 -512, the Revenue Sharing Act, which mean that each recipient of revenue sharing must provide an audit prepared by their independent auditor of the use of the funds received by the City He offered to continue this additional work in accordance with Paragraphs 5 and 6 of the present agreement, with an estimated maximum of $800 for the services On motion of Councilman Gurnee, seconded by Councilman Brown that M E Willeford be authorized to conduct an audit of the revenue sharing funds as proposed Motion carried, all Ayes, Councilman Graham absent 15 Communication from the State Department of General Services stating they wished to dispose of property on the west side of Highway I and Highland Drive, 3 85 acres, and would like the City to consider annexation The matter was continued to September 16, 1974, at the request of the Administration at Cal Poly and also referred to the Planning Commission for report and recommendation 16 Memorandum from the Planning Department requesting Council consideration of a _joint City Council Planning Commission meeting on progress of the General Plan update was ordered received and filed with the Planning Department to keep the City Council aware of when the meetings and presentations would be made ( 17 _ John Quirk, Assistant Director of Water Services, pre- sented plans and specifications for SERRANO DRIVE WATERLINE, estimated cost - $22,310 (Some of the cost to be paid by the property owners involved ) City Council Minutes August 19, 1974 Page 12 On motion of Councilman Gurnee, seconded by Councilman Brown that the City Council approve the plans and specifications and authorize the call for bids Motion carried, Councilman Graham absent 18 R D Miller, Administrative Officer, presented for the City Council's consideration a tax rate ordinance for the fiscal year 1974/75 stating that the budget had been prepared on the basis of continuing the same tax rate as 1973/74 or $1 33 per $100 evaluation Councilman Gurnee stated he was opposed to the tax rate proposed by the Administrative Officer as he felt the tax rates should be reduced in proportion to the increase in assessed evaluation which had dust been placed upon all properties within the City of San Luis Obispo, and he suggested a tax rate of $1'10 per $100 evaluation be adopted He felt,the City would be getting the same amount of money at the lower rate due to the increase in assessed evaluation Councilman Norris stated he felt the City tax rate should be based on the City's needs even in light of increased evaluation He felt the City should keep the $1 33 tax rate in order to provide needed services to The people and to complete the major construction improvemenrs in the Water Department Councilman Brown stated he was in support of some reduction of the City tax rate and suggested that possibly a rate of $1 25 might be adequate Mayor Schwartz felt the City should keep the $1 33 tax rate in order to do the things that were needed to better serve the people of San Luis Obispo He referred to such items as the major water improve- ments being completed where the costs were going up, The completion of park projects, and the possibility of tremendous expenditures in updating the sewer treatment plant Councilman Gurnee moved that the 1974/75 tax rate be set at $1 10 per $100 evaluation Motion lost for lack of a second On motion of Councilman Norris, seconded by Mayor Schwartz the following ordinance was introduced ORDINANCE NO 624 (1974 Series), an ordinance levying a tax for the current 1974/75 fiscal year upon all taxable property within the City of San Luis Obispo and fixing the rate of such tax Passed to print on the following roll call vote AYES Councilman Norris, Mayor Schwartz and Councilman Brown NOES Councilman Gurnee ABSENT Councilman Graham CONSENT ITEMS C -I, C -2, C -3, C -4, C -5, C -8, C -9, C -10 action as shown on motion of Councilman Norris, seconded by Councilman Brown, all ayes, Councilman Graham absent r City Council Minutes August 19, 1974 Page 13 C -1 The claims against the City of San Luis Obispo were authorized payment, subject to approval by the Administrative Officer C -2 The City Council Minutes of February 25, March 4, April 8 and 22, May 6, 20, and 24, June 3 and 24, 1974 were approved as presented C -3 The communication from William Newman, Superintendent, Sa Luis Coastal Unified School District regarding bicycle safety on Augusta Street was ordered received and filed C -4 On motion of Councilman Norris, seconded by Councilman Brown the following resolution was introduced RESOLUTION NO 2657 (1974 Series), a resolution of the Council of the City of San Luis Obispo establishing compliance with the Pre- emptory-Writ of-Mandate issued by the Superior Court regarding Ryan Outdoor Advertising Signs Passed and adopted on the following roll call vote AYES Councilmen Brown, Gurnee, Norris and Mayor Schwartz NOES None ABSENT Councilman Graham C -5 The letter and resolution from the City of Downey to repeal and amend sections of the Government Code pertaining to State employee retirment system for State Legislators who no longer serve due to loss of election or apportionment, and asking that the City of San Luis Obispo adopt a similar resolution was ordered received and filed C -6 The request from Tom Weissbluth for permission to use Mitchell Park on September 2, 1974, to sell crafts was approved, subject to contributing ten percent to the Park 8 Recreation Commission for park purposes C -7 The following salary step increases were approved effective September I, 1974 Gerald Bedford - Janitor From Step 4 or $718 to Step 5 or $760 Richard E Bosserman - Police Officer From Step 2 or $946 to Step 3 or $1002 Philip P Doyle - Building Inspector From Step 3 or $1,002 to Step 4 or $1,056 Ellis A Fitler - Mechanic I From Step 2 or $826 to Step 3 or $874 Larry G Lunsford - Police Lieutenant From Step 4 or $1,384 to Step 5 or $1,460 Donald W Pratt - Police Officer From Step I or $898 to Step 2 or $946 City Council Minutes August 19, 1974 Page 14 Salary Step Increases were approved on motion of Councilman Norris, seconded by Councilman Brown C -8 The claim against the City of San Luis Obispo from Robert , T Clark for damage done to his bicycle when a wheel was caught in storm grate was denied and referred to the insurance carrier C -9 The claim against the City of San Luis Obispo from Mrs Edith Cook for damage done to her car while parked in City parking lot (hit by City truck) was denied and referred to the insurance carrier C -10 The claim against the City of San Luis Obispo from Mrs Stephen Burdette claiming City caused back up in sewer line (1118 Murray Street) was denied and referred to the insurance carrier C -11 The claim against the City of San Luis Obispo from Mr Marion Davis claiming City sewer water and debris backed up into two houses on Morro Street was denied and referred to the insurance carrier C -12 On motion of Councilman Norris, seconded by Councilman= Brown that the request from the residents of the 1500 to 1800 blocks of Royal Way to close the street on Friday, August 23, 1974 from 4 30 P M to II 00 P M to celebrate a 50th wedding anniversary was approved C -13 On motion of Councilman Norris, seconded by Councilman Brown that the City Council urge the legislature to oppose Senate Bill 1652 unless The provisions of Senate Bill 90 for reimbursement of all funas lost by the cities and the counties be recognized Motion carried B -1 The City Clerk reported on the following bids received for supplying miscellaneous equipment to the City of San Luis Obispo in accordance with advertised specifications Bids opened Wednesday, August 14, 1974 at 2 00 P M Item I To be purchased One (1) 1974 or 1975 three wheel gasoline driven motor scooter To be traded in One (1) 1971 Westcoaster scooter, serial No 27225, city equipment No 18, to be traded in "as is ", except that the City will remove radio Item 2 To be purchased One (1) 1974 or 1975 three wheel oasoline driven motor scooter To be traded in One (1) 1968 Westcoaster scooter, serial No 25712, city equipment No 768, to be traded in "as is" (This unit is currently inoperable ) 11111111114 BIDDER POWER LIFT COMPANY P 0 Box 392 Less trade Oxnard, California 93030 Net * Price includes tax GOLDEN BEAR EQUIPMENT 2000 Fifth Street Less Trade Berkeley, CA 94710 Net DEVIATIONS POWER LIFT COMPANY P 0 Box 392 Oxnard, CA 93030 City Council Minutes August 19, 1974 Page 15 ITEM 1 $2,489 94 125 00 $2,364 94* $2,195 00 225 00 $1,970 00 ITEM 2 $2,489 94 50 00 $2,439 94* $2,195 00 150 00 $2,045 00 The scooters offered have no tunnel lights, standard lighting only, as shown in brochure sent This bid is only offered through August 18, 1974 On motion of Councilman Norris, seconded by Councilman Brown the low bid was accepted B -2 Bids for WASTEWATER TREATMENT PLANT EQUIPMENT REPLACEMENTS, opened Friday, August 9, 1974 at 2 30 P M (NO BIDS RECEIVED) was ordered received and filed On motion of Councilman Brown, seconded by Councilman Norris the meeting adjourned at 12 10 A M , August 20, 1974 APPROVED November 4, 1974 N" ATRICK, CITY CLERK I MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 3, 1974 - 7 00 P M CITY HALL Pledge Roll Call PRESENT John C Brown, T Keith Gurnee, Jesse Norris and Mayor Kenneth E Schwartz ABSENT Myron Graham City Staff PRESENT J H Fitzpatrick, City Clerk, William E Flory, Director of Parks 8 Recreation, R D Miller, Administrative Officer, Don Englert, Police Captain, Robert Strong, Planning Director On motion of Councilman Brown, seconded by Councilman Gurnee, Donald O'Connor was reappointed to the City Housing Authority for a four year term ' expi'ring on June 30, 1978' 1 At this time the City Council considered the FINAL PASSAGE of ORDINANCE NO 621, an ordinance of the CITY of San Luis Obispo amending the zoning ordinance to reduce parking requirements for various outdoor uses in the C -H zone Robert Strong, Planning Director, reviewed for the City Council the recommendations of the Planning Commission regarding parking requirements for certain outdoor retail uses in the C -H zone Mayor Schwartz declared the public hearing open No one appeared before the City Council for or against the ordinance Mayor Schwartz declared the,public hearing closed On motion of Councilman Gurnee, seconded by Councilman Brown, Ordinance No 621 was introduced for final passage on the following roll call vote AYES Councilmen Gurnee, Brown, Norris and Mayor Schwartz NOES None ABSENT Councilman Graham ' 2 At this time the City Council considered the FINAL PASSAGE of ORDINANCE NO 623, an ordinance of the City of San Luis Obispo amending the Municipal Code to provide that signs erected, existing, or maintained in violation of provisions of the sign ordinance are public nuisances Mayor Schwartz declared the public hearing open r f- City Council Minutes September 3, 1974 Page 2 No one appeared before the City Council for or against the proposed ordinance Mayor Schwartz declared the public hearing closed On motion of Councilman Brown, seconded by Councilman Gurnee Ordinance No 623 was introduced for final passage on the following roll call vote AYES , Councilmen Brown, Gurnee, Norris and Mayor Schwartz NOES None ABSENT Councilman Graham 3 At this time the City Council considered the FINAL PASSAGE of ORDINANCE NO 624, an ordinance levying a tax for the current 1974/75 fiscal year upon all taxable property within the City of San Luis Obispo and fixing the rate of such tax The proposed tax rate was set at $1 33 per each $100 of evaluation Councilman Gurnee stated he was opposed to the $1 33 rate He felt the City should reduce the tax rate by the same proportion that the increase in assessed evaluation was placed on the properties for the 74/75 fiscal year He felt the tax rate should be reduced to $1 10 per $100 evaluation He continued that the City budget was based on a slight increase in assessed evaluation, and not the tremendous increase in assessed evaluation that occurred in 74/75 Thus, he did not feel that the City government should reap the rewards of such a great increase in tax assessment by keeping the tax rate at the same level and not giving relief to the property owners Councilman Brown agreed that the City Council should make a token reduction in the tax rate in order to give the property owners some relief from the high assessments recently placed on their properties He suggested a tax'rate of $1 25 per $100 evaluation Councilman Norris stated he was in support of keeping the tax rate the same as had been historical in the City of San Luis Obispo, ,less the 17¢ for the library, but that in 'retrospect he felt that, based on the increased evaluation of 27 percent, some reduction in the tax rate should be made to give small property owners some tax relief He felt that a tax cut was justified in an attempt to help fight inflation on a local level He would support the $1 25 per $100 evaluation as suggested by Councilman Brown Mayor Schwartz stated he felt the tax rate should not be reduced only for political purposes but felt that the Council should look at major expenses racing City resources in trying to bring up the City's utilities to a first -class condition, 'and, therefore, he felt some funds should be kept for contingency in the tax rate for City operation He also felt that due to inflation, City costs were going up and additional services were constantly being demanded of the City Council Councilman Gurnee moved that the tax rate for the 1974/75 fiscal year be $1 10 per $100 evaluation Motion lost for lack of a second Ordinance No 624 was not finally adopted due to the following action On motion of Councilman Brown, seconded by Councilman Gurnee that the 1974/75 tax rate be set at $1 25 per $100 evaluation with the General Fund tax levy being 72¢, the Public Improvement and Betterment Fund of 30¢, the Library Fund of 3¢, and the Park and Recreation Fund of 20Q PC ` � City Council Minutes September 3, 1974 Page 3 On motion of Councilman Brown, seconded by Councilman Gurnee, the following ordinance was introduced ORDINANCE NO 625, an ordinance levying a tax for the current 1974/75 fiscal year upon all taxable real and personal, property within the City of San Luis Obispo and fixing,the rate of such tax Passed to print on the following roll call vote AYES Councilmen Brown, Gurnee, Norris NOES Mayor Schwartz , ABSENT Councilman Graham 4 David Williamson, Assistant Administrative Officer, presented for the CounciIIs consideration a set of revised plans for the Council Chamber remodeling and estimated costs for such remodeling He stated that the preliminary plans being presented incorporated a number of changes resulting from discussions by staff and the architect The basic changes relate to the sitting position of the clerk /secretary, revised exhibit board, additional mike stations, and changes in the height relationships between Council and staff sitting area and public sitting area Also received were outline specifications for the City Council Chamber remodeling which provided additional information concerning the detalls of the remodeling. He submitted an estimated cost as of August 30, 1974 for the remodeling of the Council Chambers of $79,678 including _ the audio - visual equipment and the various chairs The City Council'discussed the conceptual drawings of the Council Chamber remodeling as prepared by the architect, and made suggestions for amending or improving it Upon arrival of the architect, Ethan Jennings, the City Council again reviewed various items proposed by staff and the architect for remodeling of,the chambers On motion of Councilman Brown, seconded by Councilman Gurnee that the City Council approve the design concept and authorize the architect to proceed with-the detailed plans and specifications in light of the evening's discussion with the City Council Motion carried, Councilman Norris voting No, Councilman Graham absent 5 At this time the City Council held a PUBLIC HEARING on the appeal of Dennis B Wheeler, Jr from a decision of the Architectural Review Commission regarding construction at 2545 Broad StreeT. The building permit was applied for prior to the purchasing of the property, the developer received a plan checklist and then purchased the property knowing what requirements the City would make These decisions were all made prior to the formation of the Architectural Review Commission, and they had met all requirements of the plan check and all City zoning and building regulations However, when the builder applied for the final building permit, the Architectural Review Commission denied the site plan as well as suggested archi - tectural improvements to the building The appeal of Dennis B wheeler was on denial of the site plan He concluded that prior to submittal to the ARC much time was spent on City Council Minutes September 3, 1974 Page 4 the site plan with the City staff, and that the siTe plan submitted was the best that had been cooperatively developed which considered the constraints of the site Dan Smith, Associate Planner, reported that at the regular meeting of the Architectural Review Commission, held August 26, 1974, the appli- cation from Dennis B Wheeler was denied on the vote of three to one The grounds for denial were as follows A one -way driveway access and asphalt paving would be constructed around three sides of the duplex structure and would create a very undesirable living environment for the occupants of the structure The duplex would be unsafe for children who might reside there and would not provide any usable yard area for the,residents excepT a small front yard which was adjacent to the street: _ 2 The "S" curve in the driveway to be used for egress, while meeting minimum code requiremenTS, would be a minimal solution and would create blind curves 3 The proposed four unit apartment structure was lacking in architectural design and needed improvement The Architectural Review Commission indicated they were aware that the site plan complied with minimum site development standards for the R -2 zone, but felt that it was their duty to ensure appropriate design despite minimum code requirements and that The applicant's plan did not represent an acceptable design Robert Strono, Planning Director, stated that the City Council approved a request for a dual driveway, perhaps not considering he e tffects of surrounding the existing duplex with paving and traffic, prior to the Architectural Review Commission existence Additionally, the staff's initial plan check of February, 1974 did not suggest that the driveway arrangement would be unacceptable If the permit had been pursued on a normal schedule, it would have been issued prior to Architectural Review Commission formation, without any additional site plan and architectural changes Preliminary design approval was received prior to Architectural Review Commission existence and in the opinion of the staff the problem was one of transition "The rules have changed" and it is inequitable, in staff opinion, to treat a project in final design the same as one at an initial conceptual stage The applicant is willing to cooperate with Review Commission concerning architectural could not accommodate site plan or density Robert Strong stated he considered this "o view of prior staff and Council acceptance and in compliance with code standards the staff and Architectural alterations but apparently changes at this late date )mpromise" reasonable in of the proposed development Robert Strong, Planning Director, then reviewed the Architectural Review Commission's minutes of the meeting of August 26, 1974 at which time the application was denied for development Councilman Norris stated that he objected to the City Council hearing this appeal, as he felt that this matter had been settled by the City Council in February, 1974 long before the Architectural Review Commission ever came into existence He felt all that was being done now was a show City Council Minutes September 3, 1974 Page 5 of power by the Architectural Review Commission to question the Council's decision Mayor Schwartz declared the public hearing open. David Burke representing Dennis Wheeler appeared before the City Council ' on behalf of the appeal Roger Marshall, ARC member, spoke in support of the ARC action in rejecting this project as he felt the design of the property was inadequate and the driveway would be a hazard to the children He also did not like the building design as presented or the site plan for the use of the property Lawrence Field, ARC member, spoke in support of the ARC action stating that he felr the design was not good from an architectural standpoint even though visibility from the street was limited and the trees in the rear would shield the building somewhat He felt there was no effective screen from the adjoining property He was of the opinion that the two -story building with two bedroom units would not be in keeping with the existing neighborhood, and he felt the dual driveway was unacceptable He stated he did agree with the applicant that the parcel was a difficult one to design, however, he felt the City should not allow anyone to go ahead with a plan that was unacceptable and undesirable for the City Mayor Schwartz declared the public hearing closed Councilman Gurnee stated he agreed with the recommendation of the Architectural Review Commission in this case as he felt that the project would be detrimental to the City and to the neighborhood and ' thus supported the action of the ARC Councilman Norris stated he was'opposed to the ARC action in denying development at 2545 Broad Street He felt the City Council had already taken action on this project and the developer should not have to keep coming back for approvals Councilman Brown stated he would support the recommendation of the Planning Director on this matter, that the development plan should be worked out with the staff and try to get the best development on a very difficult site He stated he would support the appeal of Dennis Wheeler Mayor Schwartz reviewed with Robert Strong, Planning Director, the sequence of this project through the various city departments, boards and commissions He stated that while he supported the action of the ARC and felt they were correct „ he also felt that due to prior action of the Council on the development, the appeal must be upheld He also hoped that the developer would cooperate with the ARC and follow the directions of the ARC to upgrade the building design On motion of Councilman Norris, seconded by Councilman Brown that the City Council uphold the appeal of Dennis B Wheeler based on prior action of the City Council in February, 1974 Motion carried, Councilman Gurnee voting No, Councilman Graham absent 6 Review of staff report on Highway 227 project and Council determination of the extent of initial City participation in this project (report distributed to the City Council August 19, 1974) City Council Minutes September 3, 1974 Page 6 Mayor Schwartz stated that he reviewed in detail the staff recommendations presented at the August 19 meeting and hoped that the City Council could give directions to the staff so that the City's portion of the project could be coordinated with the Department of Transportation in an effi- cient and economical fashion- The Mayor stated he saw this as an oppor- tunity for a ,joint effort that would save the City money and reduce unnecessary expenditures in the future for re -doing essential services as well as tying up a major traffic artery He recommended the following SCHEDULE The City recognize Cal Trans' tight schedule and program the City's work to fit that timetable If necessary, the City could engage appropriate professional services if City staff could not accomplish the necessary design work without disruption of other priority work 2 SEWER Follow staff recommendation as cost was minimal 3 WATER Install system to meet future demands as recommended by the staff in schedule "B" Installation of fire hydrants to meet new City standards Staff should present more details relative to a formation of an improvement district for the balance of the improvement 4 BIKEWAYS AND SIGNS City expenditure was minimal Bike lanes should be provided in both directions The Mayor stated he would favor elimination;of curb parking on both sides of the street, but realized the hardship involved in the resi- dential areas However, curb parking should be eliminated on both sides from High to Funston (commercial) and from Orcutt south 5 STREET TREES The Mayor stated the staff recommendation was a good one and should be accepted as it made for a handsome street in the future The City should provide the trees and well covers for a 50 foot nominal spacing on both sides of the street in the sidewalk area with additional trees to be placed behind the sidewalk area to create a 25 foot nominal spacing on the west side between Funston and OrcutT ' 6 INCIDENTAL IMPROVEMENTS A Wherever widening would require rebuilding of curb and sidewalks at corners, ramps to accommodate the handi- capped should-be constructed by whoever bore the responsibility for reconstruction -- -State or City B Improved-storm-drainage as per staff recommendation 7 UTILITY UNDERGROUNOING Based on reports it seemed the City was too late for effective coordination, and This matter should be considered c City Council Minutes September 3, 1974 o Page 7 as a part of a future phase of Broad Street improvement plan 8 MEDIAN ISLANDS The Mayor stated he would like to see the City proceed with the recommended median island development, but that he understood that Cal Trans believes this could not be made a part of this project for two reasons .I) The E I R did not indicate raised medians, and 2) the project was "sold" for Federal financial support without medians To add medians to the project at this time would jeopardize Cal Trans' tight schedule If that were correct, the City should drop the median proposal at this time and add them incrementally in the future with guidance from the Design Review Board However, the City should try to coordinate medians in the project between Orcutt and Rockview as this segment would have no parking on either side and properties would have to be redeveloped and consequently could be designed to meet limitations imposed by median islands The City Council and staff discussed the recommendations of the staff at the August 19 meeting and also the Mayor's analysis of each individual item and discussed them as follows SCHEDULE - Approved by the City Council 2 SEWER - Approve recommendation 3 WATER - Approve recommendation 4 BIKEWAYS AND SIGNS - Adopt staff recommendations regarding bikeways and signs, Councilman Norris voting No 5 STREET TREES - Adopt staff recommendation with Councilman Norris opposed to trees in the four foot sidewalk area as he felt the City's experience on Foothill Boulevard was very detrimental to pedestrians 6 INCIDENTAL IMPROVEMENTS - 'Adopt staff recommendation 7 UTILITY UNDERGROUNDING - To be pursued by the staff when „ possible with the Council adopting the recommendation for continued consideration 8 MEDIAN ISLANDS - On Broad Street from Orcutt to Cap itolio were estimated at $50,000 for construction, $15,000 for landscaping, with a total estimated cost of $65,000 On motion of Councilman Brown, seconded by Councilman Gurnee that the Council's actions on the eight items be accepted with the objections noted by Councilman Norris, also that staff be authorized to prepare plans and specifications for median islands on Broad Street from Orcutt _to Capitolio Lane with no parking, but including bikeways Motion carried 9 20 P M Mayor Schwartz declared a recess 9 35 P M The meeting reconvened, all council members present with the exception of Councilman Graham City Council Minutes September 3, 1974 Page 8 0 7 Communication from Warren F Dolezal, Garden Homes, Ltd , Los Verdes Park, requesting that the CITy Council consider the approval of Johns- Mansville PVC, class 150 water pipe with ring -tite Joints, to be approved as an acceptable alternate for use in Tract 467, Unit 2 in place of Class I, ductile iron pipe Mr Dolezal stated that it was his understanding that the PVC pipe was currently being used in the cities of Santa Barbara and Ventura as an acceptable alternate to the ductile iron they were previously using with highly satisfactory results to all parties concerned Benefits which would accrue to the City, in his opinion, were as follows I Strength was equal to or greater than presently required ductile iron pipe 2 Flow characteristics within the pipe were greatly improved The C value is 150 in PVC vs 140 in ductile iron 3 PVC did not require any internal protection to maintain its high flow characteristic 4 Most importantly, corrosion resistance was reduced because the PVC was completely immune to corrosion attack by acids and /or hot soil conditions and subsequent electro- lysis 5 The PVC was made to ductile iron outside dimensions so as to be completely interchangeable with the City's existing systems He also requested that the City allow the use of Poly ButyIene tubing meeting national sanitation foundation standards for 160 psi rating for the house laterals. He concluded the tubing would be used in accordance with present standards and methods established for the City Water Department personnel They would install the tubing in the same manner as the City now used in their own installations John Quirk, Acting Water Director, stated that his experience with poly butylene tubing over the last three years had been very good The City has had no problems with it and it adapted to the City's existing fittings and was of considerably less cost than copper He recommended the use of this material for the service with no hesitation The heavy gauge PVC or "blue brute" was manufactured by the Johns- Mansville Company, AC pipe manufacturer It currently had NSF approval as well as UL approval, and was currently being evaluated by the AWWA for physical tests, the results of which had not been published but from all indications were satisfactory , He felt that the use of this material was a logical, progressive step and now was as good a time as any to adopt its use in addition to ductile iron for sizes to eight inches D F Romero, City Engineer, stated that the Public Works Department had used this PVC material in the past for sewer force mains and had had good experience He believed that the time had,come for the City to experi- ment with this type of material for City mains, and eventually all sewer and water mains would be constructed of this material He, therefore, recommended and had no objection to use of this material on a trial basis within Tract 467, Phase 2 City Council Minutes September 3, 1974 Page 9 A J Shaw, City Attorney, stated in a written communication that he reviewed the request of Mr Dolezal to use PVC pipe for water mains in Unit 2, Tract 467, instead of the City's standard ductile iron pipe He stated it now appeared that this PVC pipe might prove to provide the City with an acceptable adbternate to the ductile iron pipe Further, he stated that John Quirk notified him that the City's consultant indicated over the telephone that he did not object to the use of this pipe He stated he was not qualified to make engineer- ing determinations either as' to the adequacy and reliability of PVC pipe, however, it appeared that the City might be rushing into a decision with insufficient basis for the decision I If the City's consultant was going to recommend approval of a radically different product of this type, he should certainly do so in writing It might be wise to ask him why he had not made this recommendation prior to this date, 2 If the City was going to experiment with this type of material for City mains such experimentation should be accomplished within public rights of way rather than within easements upon private property As the Council was aware, whenever something went wrong with a material or method of construction upon private property which had been approved or permitted by the City, the owner of said property tended to blame the City when the problem occurred, claiming that the City should pay for relocation of the sewerline or waterlines, etc ' In any event, the City Attorney recommended that the City Council's decision should be upon objective and studied consideration rather than as a hasty reaction to a request from a private party Commenting on Mr Shaw's memo, Administrative Officer Miller said Mr Edmonston was not the City's consultant in this area but had done some checking on prevailing practice as a personal favor to him (Richard Miller) He had made no recommendation on the matter but had merely indicated a growing trend toward use of PVC pipe as an alternate to ductile iron pipe Robert A Paul, former Water Department Director,ICity of San Luis Obispo, had submitted a memorandum in response to an inquiry of the past practice of the City using cast iron in preference to alternate materials such as PVC plastic pipe He offered the following comments I. As a result of past pipe failures, the City Council had previously required the cast iron pipe be used to the exclusion of'all other materials for installation in the City's water distribution'system As a result, grey cast iron pipe, American Water Works Association Specification No C106, and ductile iron pipe, AWWA Specification No C151, have been the only materials instblled in the City in recent years 2 The records presently available to Mr Paul, including recently adopted Title 17 of the California Administrative Code, indicated that PVC'plastic pipe was not yet the subject of an AWWA standard specification City Council Minutes September 3, 1974 Page 10 3 The City's past ability to maintain its water distribution system with such a limited staff musT be due-in part to the adequate performance of the cast iron materials now in place 4 In contrast to the construction practices that might be tolerated during the installation of cast iron pipe, PVC plastic pipe must be carefully bedded and back - filled in order to develop the full strength of the pipe wall In Mr Paul's opinion, the quality of contract construction talent available to the City covers a wide spectrum, including some which would not provide an adequate long - range installation if PVC plastic pipe were used Thermoplastic pipe materials, such as PVC, might well be the most commonly used pipe material at sometime in the future But its record of per- formance was not yet firmly established Its inherent prope vies made reliable installation difficult for inexperienced contractors Review of PVC was now underway by some major agencies -But for an entity the size of the City of San Luis Obispo to attempt to match that review process by switching from a proven material, such as cast iron, to newer materials was a luxury that could not be afforded A more prudent course would be to review the results of larger agencies and consider pipe material changes in light of their favorable experience John Quirk recommended that the City Council adopt as an acceptable alternate PVC, Class 150 water pipe with ring -cite joints on the basis of I Less Cost ; 2 Ease of installation, and 3 Minimum corrosive problems On motion of Councilman Gurnee, seconded by Councilman Brown that the City Council approve as an alternate the use of PVC, "Blue Brute ", 150 Class pipe, up to eight inches in diameter in the City of San Luis Obispo as an alternate standard with the installation of magnetic tape for detection Motion carried on the following roll call vote AYES Councilmen Gurnee, Brown, and Mayor Schwartz NOES Councilman Norris ABSENT Councilman Graham 8 Memorandum from David Williamson, Assistant Administrative Officer, regarding a staff request presented on August 12, 1974 regarding permission for the City to deposit earth -fill material from construction of the cross- town feeder water main on City owned property in Laguna Lake During the discussion on this matter, the staff was questioned about recent filling operations and was asked to report back on the source of the earth material recently deposited and to presentl alternatives for removal The staff was further directed to not authorize any dumping or filling in-the City within flood -prone areas unless specifically authorized by the Council The recent deposition of fill material on the peninsula portion of Laguna Lake Park was authorized by Lane Wilson of the Parks 8 Recreation Depart- ment as a result of a request by Tom Gingg, inspector for the Broad - City Council Minutes September 3,'1974 Page II Lincoln culvert project, on behalf of Conco Construction Company Mr Wilson's authorization was based upon an understanding on the part of the Parks Department staff and the Public Works Department' staff that suitable imported material could be placed on the City owned peninsula portion of Laguna Lake Park in accordance with the Hector Master Plan, subject to authorization by Parks 8 Recreation Department personnel Alternatives for'removal of the recently imported material for the Council's consideration were as follows Leave material as is until the master plan study had been approved for future development of Laguna Lake Park Some 'of this material could possibly be used somewhere within the park in accordance with an approved grading plan outside of the flood -plain area 2 Remove the recently imported material on an as needed basis until it was all removed 3 Remove the imported material immediately using City forces 4 Remove the imported material immediately by contract If alternate I was selected, the material would remain where it was for approximately one year If alternate 2 was selected, it would be approximately two years before all the fill material was removed because there was almost no demand for fill material except for City fobs ' If alternate 3 was selected, removal would be accomplished between now and the first week in November, as time permitted, using City forces and equipment If alternate 4 was selected, the material would be removed immediately, it would take approximately 3 to 4 days at a cost of $4,500 to $5,000 In this case the material would be hauled to the County land fill site in Edna Valley Mr Williamson stated that it was his recommendation that alternate 3 be selected and that the Public Works and Parks 8 Recreation Departments combine crews and equipment to accomplish this task Further, all City departments had -been advised of the,Council's directive to not authorize any filling or dumping within areas flooded during the 1973 storm D F Romero, City Engineer, submitted a report with attachments on the history of placing surplus fill material 'at the Laguna Lake Park in accordance with the adopted Hector Plan since 1966 Robert Strong, Planning Director, stated that he, William Flory, Director of Parks 8 Recreation, and Dave Romero, City Enoineer recommend that alternate I be adopted by the City Council rather than Alternate 3 as recommended by David Williamson ' It was the three staff members' recommendation that the dirt would be necessary for the development within the Laguna Lake Park and that if this dirt were removed at this time, ultimately additional dirt would have to be imported for development City Council Minutes September 31, 1974 Page 12 D F Romero, City Engineer, estimated that about 500 cubic yards of dirt had been dumped in the last year on this property He, too, opted for alternate I and had the dirt spread in two or three inch spread throughout the already filled part of the peninsula Councilman Gurnee supported, alternate 3, move the dirt out, not another cover -up of a mistake Councilman Norris stated he supported alternate I wi- th-the recommendation that a thin spread out and compaction in place on the peninsula Councilman Brown stated he also supported-alternate I with the City to use its own tractor to spread the fill over a larger area and compact as thinly as possible and try to plant it prior to th& winter rains Mayor Schwartz felt a combination between alternates I and 3 would be acceptable to him Move -the fill back on the park ,land, out of the flood -prone area and possibly stock pile it for future park development Councilman Gurnee stated that he agreed with the Mayor's compromise On motion of Councilman Gurnee, seconded by Councilman Brown that the staff be authorized to move the fill OUT of the flood -plain area, spread it thinly and try to plant it prior to the winter rains Motion carried on the following roll call vote AYES Councilmen Gurnee, Brown, and Mayor Schwartz NOES Councilman Norris ABSENT Councilman Graham , 9 Memorandum from John Quirk; Acting Water Department Director, stated that, after review of Resolution No 2435, (1973 Series) as it applied to the quarterly water projects program, he requested that the City Council consider the applying of the balance remaining for this quarter to reimburse the two property owners participating in the Serrano Drive water main extension in the amount of $6,618 On motion of Councilman Norris, seconded by Mayor Schwartz that the recommendation of John Quirk be accepted and the money be allocated to-, this project Motion carried , 9X D F Romero, City Engineer, submitted a memorandum on City participation in the signal cost at the intersection of Madonna Road and the north -bound ramp to State Highway 101 He stated that on April 17, 1961, by freeway agreement, the'City agreed to construct the present structure and-agreed to resume control and maintenance of each of the relocated or restructured City streets on notice.- from the State that the work thereon had been completed This agreemenT implied that the City would pay for maintenance and participate in the cost-of improvements within that portion which was relinquished to the City Within the past three and one -half years, there had been 25 accidents ' at the intersection of Madonna Road with the north -bound ramps of Stare Highway 101 Eighteen of these accidents could have been prevented by the installation of traffic signals Thus, there was a very strong warrant, a