HomeMy WebLinkAbout05/05/1975�I
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City Council Minutes
Apri1.29, 1975
Page 3
These estimates recognize the increased cost.of materials and labor in each
category..
Mayor Schwartz adjourned the meeting at 1:35 p. m.. to allow.the City Council
to go on an-inspection trip to review the street priority list for 1975/76.
APPROVED: .July'7, 1975�-
zpatrick, City Clerk
MINUTES
REGULAR,MEETING OF THE.CITY COUNCIL
CITY OF SAN LUIS OBISPO
MONDAY, MAY 5, 1975 - 7:00 p.m.
COUNCIL CHAMBERS, CITY HALL
Pledge
Roll Call
PRESENT: Myron Graham,. T. Keith Gurnee, Jesse Norris and
Mayor Kenneth E. Schwartz
ABSENT: Steven A. Petterson
City Staff
- PRESENT: J.H. Fitzpatrick,.City Clerk; R.D. Miller, Administrative
Officer;.William E. Flory, Director of Parks &:Recreation;
E.L. Rodgers, Chief-of Police; D.F. Romero, Director of
Public Services; L.M. Schlobohm, Fire Chief; A.J. Shaw,
City Attorney; Robert-Strong, Director of Community Develop-
ment
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1. On motion of Councilman.Graham; seconded by M5chwartz the follow-
ing citizens were appointed to the Jack R ayor. esidence�Advisory Committee:
1. _.
Miss Ethel Cooley
E. Wesley Conner
Linnaea Phillips.
Mrs. Phyllis Jack Sinton
.:Carleton Winslow, Jr.
JoAnn Jennings
Dr. Jerren Jorgensen
Nominations and appointments approved, all Council members voting aye.
2. John Jenks, consultant, presented a proposal for a study of the
City's sewer system for the southerly..portion . of the City's planning area.
T- TFe —primary purpose of the study was-to-: determine the..requiremen.ts:.of sewer
facilities.to serve the present General Plan in the southerly, southeasterly
and the Los Osos.Valley areas—and—to define those additional-sewer facilities
which.would be required in the event.the City should choose to extend its
area of service to-the feasible limits.
.In preparing the study, other areas of-potential expansion and or potential
sewer system deficiencies:were.analyzed and :the-results- of.these.analyses. .
were also described in -the report. .It.was.anticipated that the.City's.waste
water treatment plant would remain in:its present location for the foreseeable
future, consistent with the State's-.Final Basin Plan.
City Council Minutes
May 5, 1975
Page 2
Data.used in.this study for.analysis _ of.- the-existing sewer facilities were
based_on maps:and records from the.City Engineer's Office.- Information used
to determine the logical boundaries:of.sub=service areas and-the tentative
alignments and-grades of the major:.gravity. trunk sewers-.and - force mains
...recommended.for consideration.was.based.on: the most recent U.S.G.S. topo -.
graphic maps covering the area.. Final design would, of course, necessitate
detailed field surveys.
.Two possible-service boundaries were:considered: (1) the General Plan
Boundary, and (2) the Feasible Service Area Boundary.
Boundary A would encompass over 9,000 acres.of land within the urban
. boundary, as delineated on-the General -,Plan of the City of San Luis Obispo
adopted..in 1973. Approximately 3,000'acres•of this land was outside -of
the City limits.at the present time. .
{ The areas within Boundary B were roughly.defined.as that bounded on.the
north by California Polytechnic State... University; -on.the east:generally by
the City.limits and the 460 foot-con tour-,.on the'- south-by- approximately the
400.foot contour south of Davenport_ Creek, and`on.the west:by.approximately
�. the 400 foot contour. These areas. were all within•the•drainage.basin
tributary to San Luis Obispo Creek in'.the vicinity of .the City, and included
the.Laguna Lake watershed.
After reviewing the.report.in.detail�-with the City Council, John Jenks made
the following conclusions and recommendations:
1) consistent.with the California.Central Coast.Basin Plan,.it_ was anticipated
that the City's wastewater - treatment . plant -would remain at its present.
location for the foreseeable future.
.2) State and.Federal policies : - would.- continue:to. favor regionalization
of.wastewater treatment plants and the elimination of-- septic tanks in urban
surroundings.
3) While the terrain was such-.that-.it was feasible to extend service
beyond the recommended-urban boundary of the General •Plan .adopted by
the City in ].973, the�decisi*.to.serve areas- beyond.the- General.Plan
boundaries would remain•a matter-of City policy.
4) Pump stations would be necessary to lift-sewage from the various
low -lying areas to the treatment plant.
5) -. The existing sewer system- and':-.treatment plant.were:_well maintained
and existing- tr.eatment:.facilities were adequate.at-. -the present.
6) Problems.of infiltration /inflow-into the existing sewer warranted.
additional investigation.and -.corrective action.
7.) Improvements to existing-sewer facilities would-be required in
conjunction with growth within existing City limits.
8) Construction-.of: major .sewer:.facilities:.would:be required in order
to service developments outside the present-:City limits.
9) Additional..improvement. and construction 'of sewer,.facilities.
should be geared.to.prevailing.City policy:regarding-.-growth.
John Jenks then submitted preliminary estimates.of.construction - costs for
sewer service boundary A and sewer service boundary B.
The City Council discussed in more detail with John Jenks.the: various
elements of his sewer system_report.and recommendations, particularly the
.effect future development would have upon the-existing--sewer plant and
the collection -system..
It was moved by Councilman:- Norris,, :seconded by-Councilman-Graham that the
City Council accept the report prepared.by.John Jenks for Council-guidance
and future implementation. 'Motion carried, Councilman Petterson absent.
City Council Minutes
May 5, 1975
Page 3
3. At this time the City Council.held a public hearing on the
recommendation of the Planning Commission to rezone 2145 Santa Barbara
Avenue from M to C -H -S and 2155-$ 2159 Santa Barbara Avenue from C -N to
C -H -S, and 2132 & 2138 Broad Street from C -N to C -H -S.
Robert Strong, Community Development Director, submitted the following
recommendation to the City Council from the Planning Commission recommend-
ing approval of the rezoning on the following basis:
' 1) The subject rezoning would be in conformity with the General
Plan and General Plan Revision currently in progress.
2) The rezoning would allow heavy commercial type land use which
would be compatible with existing surrounding land uses, generally
of heavy commercial character.
3) The C -H zoning with an "S" designation would allow the City to
review all proposed projects in the area of the rezoning to insure
site compatibility taking into consideration access, traffic, land
use characteristics, parking, screening and overall aesthetics.
4) The subject rezoning and ensuing projects in the rezoning area
would be appropriately located in an area fully committed to urbanization
where there was sufficient access and where urban services were available.
Mayor Schwartz declared the public hearing open.
Dennis Wheeler, applicant, appeared before the Council on behalf of his
request and asked the City Council to accept the recommendation of the Planning
Commission and rezone his property as requested.
No one else appeared before the City Council for or against the proposed rezoning.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Norris, seconded by Councilman Gurnee the following
ordinance was introduced: Ordinance No. 633 (1975 Series), an ordinance of
the City of San Luis Obispo amending tae Official Zone Map of the City of San
Luis Obispo (to rezone property on Santa Barbara Avenue and Broad Street).
Passed to print on the following roll call vote:
AYES: Councilmen Norris, Gurnee, Graham and Mayor Schwartz
NOES: None
ABSENT: Councilman Petterson
4. At this time the City Council held a public hearing on the appeal
of John Korelich, Jr., from a decision of the Waterways Planning Board, appli-
cation no. 074, located on the property of the Creamery, 570 Higuera Street,
San Luis Obispo.
The Waterways Planning Board submitted their action on application no. 074,
The Creamery, which was an appeal by the Creamery of the Waterways Planning
Board decision to have the timber retaining wall removed from behind the
project. The history of the problem and the explanation of the Creamery had
constructed a brick wall and timber retaining wall in and adjacent to the
' creek against the Board's recommendation, which had been ordered to be removed
prior to further action.
The following was the formal action taken by the Waterways Planning Board at
their meeting of March 28, 1975:
On motion of John Brown, seconded by Doug Donaldson that the brick
walkway be approved as constructed but that the property owner be
notified to remove the timber wall and the fill behind it, and
that he construct a new wall at a location which would not
obstruct the creek. The new construction should be approved
by the Board and should be completed prior to occupancy of the
restaurant on Nipomo Street. The motion was unanimously carried.
City Council Minutes
May 5, 1975
Page 4
Councilman Gurnee;. Chairman,of.the:Waterways..Planning Board, reviewed.the
_action of..the Waterways; Planning Board involving anew mall built by John
Korelich without.permit or without.approval.. He continued-:that this was the
second appeal by the property owner for he had previously promised to remove
the wall before occupancy of any of.the.buildings.
John Korelich Jr., developer, requested that Councilman Gurnee be asked to
step down from consideration of this:matter:as he felt he.was prejudiced since
he had previously discussed this matter at the Waterways Planning Board.
A.J. Shaw, City Attorney, stated:that this.was an' improper request and that
Councilman Gurnee did not need to step'down," but that he.could consider this
matter and vote on-it-if he wished.
Mr. Korelich then-.proceeded with his�:appeal on the basis that the City did
not offer any means or suggestions to-construction of an-.adequate wall. He felt
that the wall that he placed was built'without permit -or approval of-the
Waterways.Planning Board., but that it was built for emergency purposes only.
He felt the wall was built according to any.•'normal City standards which would
allow freer flow of the water and would increase the flow of water in the creek.
He claimed that he had brought in plans and specifications for City consideration,
but he did not apply for a building permit.
He continued that he-felt the wall was.built and should not:be removed. He
then read a letter dated January.19, 1975 from Dan Smith to Wayne Peterson
stating that the creek and wall were:.okay, and he therefore did not-feel it.
should be removed, since it would not.increase..the.water flow.in the creek. He
felt that this wall might be removed in connection with an :extension of..the Mission
Plaza.
_Upon.question, John Korelich stated that during the past winter the new wall
was covered with water.
Councilman Gurnee asked if a building. permit for the wall was ever applied for
and.if construction plans were ever submitted.
Mr. Korelich admitted that he had never applied for a permit, although he was
sure tRat someone had looked at the plans.
Mayor Schwartz asked if there was-any-activity of the City that could be of
help in designing the wall.
Mr. Korelich stated yes, but it would take too long for the City to issue a
permit so they went ahead due to the possible damage from the.coming rains.
He admitted that in May, 1973 he was aware that an illegal wall existed on
his property.
Councilman Gurnee stated that the Waterways Planning Board wanted the-illegal
wall removed that-was put in without.a. building permit, without engineering
calculations,,and without approval by-the Waterways Planning-Board.. He felt
.that the plan should be submitted to.the City but the ones submitted to the
Waterways Planning Board were rejected by the Board.
Mr-.'-Korelich agreed, but he stated that-the Waterways Planning Board never
iet.him "know_ when they met in order to make. his appeal: He felt this was
typical of the City of San Luis Obispo's. operation-when dealing with developers,
. .they.never seem to be available to answer questions, but only to file
violations.
.Councilman Gurnee stated that the-Waterways Planning Board was interested
in getting the most area for water flow and also that the wall was built
without permit.
Mr. Korelich stated.that Paul Landell of the City-had. checked the engineering
studies that - whether or not the wall was removed, it would not affect creek
flow.
Mayor Schwartz declared the public hearing open.
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City Council Minutes
May 5, 1975
Page 5
No one appeared before the City Council on the subject.
Mayor Schwartz declared the public hearing closed.
Mayor Schwartz asked if the map listed as exhibit A on the map board was the
sketch of the exact problem of the wall, and he also asked what the name of
the contractor was who built the retaining wall.
Mr. Korelich objected to the map called exhibit A even though it might be
correct, he felt it was not a fair representation on his behalf.
A.J. Shaw, City Attorney, stated that the City could accept exhibit A over
the protest of Mr. Korelich.
Mr. Korelich stated that KORE designed and built the wall. KORE was the
name of his company.
Councilman Graham felt that engineering -wise the wooden wall did not constrict
flow in the channel any more than the adjacent trees.
Councilman Gurnee felt that the Waterways Planning Board was impressed with
the Creamery development, but he felt that the wall should be removed in
accordance with City policy. He felt that abatement should be held up until
adequate plans and specifications had been submitted. He felt the developer
should make plans and not expect the City to design any of his improvements.
He felt the Council should remember that this wall was built without a City
permit or without engineering studies.
Councilman Graham agreed that the building without a permit was inexcusable
and should be corrected with penalty.
Councilman Norris stated he sympathized with Mr. Korelich on delay in getting
building permits, but the fact that the wall was built without a permit and
' without City approval, he felt was wrong and he felt the Council should accept
the recommendation of the Waterways Planning Board and order abatement of the
wall.
Mayor Schwartz stated that the building permit question irritated him, but he
would support or deny the appeal, not for the permit reasons, but on the
basis of not being approved by engineering calculations or by plans to the
City. He felt that with the admission by Mr. Korelich that he did not even
know where the wall was, he would support the recommendation of the Waterways
Planning Board and deny the appeal.
On motion of Councilman Norris, seconded by Mayor Schwartz that the appeal of
John Korelich, Jr. be denied and that the City Council support the recommenda-
tion of the Waterways Planning Board. Motion carried, Councilman Petterson
absent.
9:00 p.m. Mayor Schwartz called a recess.
9:15 p.m. The City Council reconvened with all Council members present
except Councilman Petterson.
5. The City Council again considered the recommendation of Mayor
Schwartz regarding appointment of advisory body application review subcom-
mittees, dated April 14, 1975.
Architectural Review Commission
Citizens Advisory Committee
Design Review Board
Housing Authority
Human Relations Commission
Parks $ Recreation Commission
Planning Commission
Promotional Coordinating Committee
Graham - Schwartz -Kahn
Gurnee- Schwartz -Dills
Petterson- Graham -Scott
Norris - Schwartz - O'Connor
Norris - Gurnee - Lambert
Graham - Norris -Van Harreveld
Petterson- Schwartz - Endres
Gurnee- Petterson -Odom
Councilman Graham stated he would support the present method of selecting
members of the various boards and commissions of the City. He felt that the
existing system was very democratic.
City Council Minutes
May 5, 1975
Page 6
Councilman Norris stated he too would support the existing method of-selecting
citizen members of the various boards and commissions. He would agree that a
study should be made of the duties.and responsibilities of the various boards
and commissions, and he also felt that more Council input should be given to
these citizen groups so that the Council could know what was going on as far
as these advisory bodies were concerned.
Mayor Schwartz was opposed to Councilman Gurnee's proposal on the basis that
the present system was more democratic and was broader based than the proposed
system. He felt the proposed system would end up to be a political area and
would lead to power plays amongst various groups.
Councilman Gurnee stated that he again would like to submit for the Council's
consideration a new or more complete method of making appointments to the
various boards and commissions. He felt that the method in which the Council
made appointments should be seriously reviewed and hopefully overhauled to do
a better job for the citizens of San Luis Obispo. He continued that the proposal
made by him on April 14 involved the appointment of a corps of five members
to each commission as liaison serving at the pleasure of and appointed by
individual Council members. The remaining commission members would be appointed
via our current procedure of publicly solicited citizen application and review.
He stated the proposed suggestion he had made would be that the seven member
Planning Commission, for example, would be composed of the following members:
5 - liaison or appointees, each selected by an individual Council
member
2 - citizens selected via publicly solicited application and review
In support of his proposal he gave the following reasons:
1) A Council member would be able to appoint individuals whose skills,
intelligence, character and capability he knew.
2) A Council member could appoint individuals who would work in the
direction set forth by elected representatives to accomplish whatever
needed to be done at that level of government.
3) The Council member - liaison approach would be conducive to
maintaining close and constant contact between the Planning
Commission and City Council.
4) The procedure still would allow for the appointment of two
"at large" public members via the current appointment procedures.
He sincerely urged the City Council to consider the ordinance he presented
to them this evening.
Mayor Schwartz again spoke in support of his system of appointing members to
various boards and commissions. He felt that this was a fair, more democratic
method of getting members, and it gave the public at large an opportunity to
apply for jobs on these various boards and commissions. He again reviewed the
present procedure used by the City Council, first in advertising for people
to apply for the various vacancies on the boards and commissions, referring
these applications to a subcommittee made up of two Council members and the
Chairman, or his designated representative, who then make recommendations to
the City Council as a whole for their final consideration.
On motion of Councilman Norris, seconded by Councilman Graham that the City
Council accept the assignments as made by Mayor Schwartz, and that the City
Council continue the present method of filling vacancies on the various
advisory boards and commissions. Motion carried on the following roll call
vote:
AYES: Councilmen Norris, Graham and Mayor Schwartz
NOES: Councilman Gurnee
ABSENT: Councilman Petterson
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City Council Minutes
May 5, 1975
Page 7
6. Robert Strong, Director of Community Development, submitted a
lengthy document entitled, "Progress Report Regarding General Plan Revision
Program," dated May 1, 1975.
The report was continued to May 20, 1975 for a joint meeting with the City
Council and the Planning Commission on the 1974/75 General Plan Studies.
7. Communication from Lee M. Schlobohm, Fire Chief, requesting that
the City Council consider the adoption of the 1973 edition of the Uniform
Fire Code. This particular edition was prepared as a joint effort of the
Western Fire Chiefs Association and the International Conference of Building
Officials and had been prepared as a companion code to the 1973 Uniform
Building Code, adopted both as a municipal.ordinance and as state regulations
regarding public safety in buildings.
The amendments were being suggested for one or more of the following reasons:
1) As recommended by the Pacific Fire Rating Bureau to eliminate
the few deficiency points (local fire insurance rates) ascribed to
this particular edition.
2) To eliminate conflicts with the new regulations of the State Fire
Marshal and with the new Federal regulations regarding life safety in
buildings.
3) As suggested by the sponsors of the code to correct certain
publishing errors.
4) To provide for more efficient enforcement procedures.
The Fire Chief recommended to the City Council that this code be adopted
as part of the Municipal Code of the City of San Luis Obispo.
After discussion with the Fire Chief, on motion of Councilman Gurnee, seconded
by Mayor Schwartz that the City Council set a public hearing for June 2, 1975
to consider the adoption of the 1973 edition of the Uniform Fire Code with
amendments; and that the City Clerk was directed to notify all engineer-
ing firms, architects, building contractors, and the Contractors Association
of the proposal before the City Council. Motion carried.
8. Report from Paul Landell that after investigation of the area behind
the John Anderson and Luther Bines property on Route 227 at the intersection
of Rockview Place and Broad Street there was a fill area of approximately
110 feet in length and an average of eight feet in depth and six feet in width.
This fill was built of construction debris, old tires, brush and a sandy type
of soil. It was not compacted, was easily eroded and was obviously unstable.
Paul Landell felt the creek channel in this area should be enlarged and the
confluences of the two tributaries to Acacia Creek should be graded in such
a way to align the flows in a downstream direction rather than perpendicular
to the main channel as they were now.
He then submitted several cross sections-of the property at this area showing
the problems. He recommended that the poorly constructed fill be removed and
R.D. Miller, Administrative Officer, stated that Wayne Peterson, the City
Engineer, indicated that this work should not be done at City expense. He
also felt that the City had some authority to require abatement of a nuisance
but was uncertain to what extent the City-could enforce the improvement.
Wayne Peterson, City Engineer, then stated that it was his recommendation that
The fill stay in place and that the bank be stabilized with appropriate plant-
ing and landscaping-in order to allow the water to pass.
hauled off, and the resulting area be filled
with excavation from
the other
side of the channel. The hole in
the bottom
of the stream should
also be
filled and the stream bed brought
up to its natural grade with the
planting
of various grasses, vines, etc.,
in order to
avoid future erosion.
It was
his estimate that the cost of repair
would be
approximately $2,000
if done
in an efficient manner and during
the proper
time of year.
R.D. Miller, Administrative Officer, stated that Wayne Peterson, the City
Engineer, indicated that this work should not be done at City expense. He
also felt that the City had some authority to require abatement of a nuisance
but was uncertain to what extent the City-could enforce the improvement.
Wayne Peterson, City Engineer, then stated that it was his recommendation that
The fill stay in place and that the bank be stabilized with appropriate plant-
ing and landscaping-in order to allow the water to pass.
City Council Minutes
May 5, 1975
Page 8
On motion of Mayor Schwartz, seconded by Councilman Graham that this problem
be referred to the Waterways Planning Board for study and recommendation and
request that the property owner cooperate in this correction. Motion carried,
Councilman Petterson absent.
9. Mortimer W. Baldwin, Coordinator for Project COPE, submitted his
report of the survey of priorities for the removal of architectural barriers
to the Physically handicapped citizens from city -owned or leased properties
of the City of San Luis Obispo. The areas covered in the survey were City- '
owned and leased buildings, park areas and facilities intended for public
use and were the primary focus of the study, although some general observa-
tions and proposals were offered regarding transportation, parking and central
business district sidewalk facilities.
Robert Strong, Director of Community Development, stated that the report
prepared by Project COPE was well done and the Council concern for expeditious
implementation of these desirable corrective efforts had been demonstrated
by funding this special, exemplary study and the allocation of 1975/76 CIP
funds for priority location projects. Hopefully, the City's special request
for Community Development Block Grant funding would supplement current
efforts in City Hall remodeling, Laguna Lake Park Restrooms, Meadow Park
Buildings, Sinsheimer Park Restrooms and other City facilities to accelerate
this annual CIP installment project.
City staff would continue to assist CAPH in pursuing the voluntary coopera-
tion of private property owners and other public agencies to remedy the
many pre- existing impediments to access by physically handicapped citizens
and employees, contained in facilities constructed prior to 1968.
On motion of-Councilman Gurnee, seconded by Councilman Graham that the report
be received and filed and thanked all persons who worked on the survey under
directon of Mr. Baldwin. Motion carried.
10. Memorandum from William E. Flory, Director of Parks & Recreation, ,
on behalf of Laguna Lake Park Master Plan Subcommittee. He stated that the
subcommittee had interviewed four consulting firms on March 5, 1975 regarding
their proposals for master planning of Laguna Lake Park and surrounding area.
The first choice of the subcommittee was the firm of Wallace, McHarg, Roberts
and Todd, with Saski, Walker and Associates placing second.
The Laguna Lake Master Plan Subcommittee recommended that the City Council
engage the services of the firm of Wallace, McHarg, Roberts and-Todd for
master planning of Laguna Lake Park and surrounding area and acceptance of
the firm's agreement as reviewed by City staff. Further, the subcommittee
felt the City should engage the services of the consulting firm for master
planning of Laguna Lake Park and surrounding area for the following reasons:
1) A very critical area within a flood zone.
2) The lake area had become an engineering problem because of
siltation from Prefumo Creek.
3) A sensitive and unique biological area within an urban area.
4) Increased user demand upon the site, and increased pressure by
special interest groups for development.
Mr. Flory then presented for the Council's consideration a recommendation from
the Park $ Recreation Commission that the City Council retain the firm of
Wallace, McHarg, Roberts and Todd to conduct the master planning of Laguna
Lake Park and surrounding areas on condition that a workable contract between
the City and the consultant could be accomplished. '
Robert Strong, Director of Community Development, submitted a report stating
that the Community Development Department had worked closely with the Parks
$ Recreation staff and commission and the Laguna Lake Master Plan Subcommittee
in reviewing the various applicants from the various consulting firms. He
too recommended that the firm of Wallace, McHarg, Roberts and Todd be retained
to prepare the Laguna Lake Regional Park Master Plan and Open Space Implementa-
tion Study.
He continued that the Community Development Department assisted the Park $
Recreation Department staff in the negotiations with the various consultants
City Council Minutes
May 5, 1975
Page 9
resulting in the letter and outline of services to be performed. An acceptable
contract or agreement would incorporate the scope and schedule and provide that
i9MRT and subcontracting consultants to.perform all services for a fee not to
exceed $50,000. He concluded that the project was authorized and partially
funded pursuant to the 74/75 CIP, but would require a carry -over and limited
supplemental funding in the 75/76 budget. He would recommend a total of
$55,000 be allocated for the proposed contract with a ten percent allowance
for staff related expense, such as map reproduction, mailing, etc.
' He therefore recommended that the consultant be approved as recommended,
that the scope, schedule and compensation be approved and that the Mayor
be authorized to sign the agreement as soon as the contract was prepared.
Charles Ogle, attorney for Alex Madonna, objected to the proposed master
plan for Laguna Lake and adjacent lands on the basis that a large amount of
public funds to plan future uses of San Luis Mountain, which was owned by
Mr. Madonna, and he objected to the City's master planning private property
for either open space acquisition by the City or for other recreational
use. Further, the property owner would be bringing in a development plan
of his own for development of the property he owned and paid taxes on.
Robert Strong, Community Development Director, stated the proposed master
planning would include only the City -owned property y, but that the general
plan of the City and County show acquisition of land around Laguna Lake Park
which would include acquisition of land to Foothill Boulevard and the Saddle
at Foothill Boulevard between San Luis Mountain and Bishop's Peak. He
concluded that the master plan did not require acquisition of land, just
preparation of a plan.
Councilman Gurnee questioned the propriety of the City of San Luis Obispo
paying for a master plan for a regional park plan. He asked if the County
was informed and offered to go along and pay for part of this study cost.
Robert Strong stated the County had been asked to cooperate with the planning
but no funds had been committed by the County to help pay for the master plan
study.
Councilman Norris reminded the City Council that he was opposed to the original
65,000 planned for updating the master plan for the Laguna Lake Park in the
1974/75 budget, and he was now opposed to the expenditure of $50,000 for another
master plan study for Laguna Lake Park at this time. He was also opposed to
master planning private property not owned by the City. He further felt that
the City was overburdened with studies by out -of -town consultants. He con-
cluded by stating the City staff was so overburdened at this time that they had
to hire an outside consultant to prepare the parameters for the-study and paid
$3,500 for this consultant. He was opposed to this master plan development, and
he felt the City should develop its own parks and not be developing regional
parks outside its boundaries.
Councilman Graham felt there was a need for a study for development of Laguna
Lake and the surrounding peaks. He stated he would support the proposed master
plan. He felt the Council should accept the recommendation of the Park $
Recreation Commission and retain the consultants for the study.
Mayor Schwartz felt the master plan study was needed now. He felt the land was
very sensitive and development controls should be placed on both public and
private land for the future. He felt a plan should be developed to see how
this section of the City should be controlled. He felt that the contract was
a good one and the money, $50,000, would be well spent on this program.
On motion of Mayor Schwartz, seconded by Councilman Graham the following
resolution was introduced: Resolution No. 2790 (1975 Series), a resolution
of the Council of the City of San Luis Obispo approving the employment of a
consultant to prepare a Master Plan for Laguna Lake Park and authorizing the
Mayor to execute the employment agreement.
Passed and adopted on.the following roll call vote:
AYES: Mayor Schwartz, Councilmen Graham and Gurnee
NOES: Councilman Norris
ABSENT: Councilman Petterson
City Council Minutes
May 5, 1975
Page 10
On motion of Mayor Schwartz, seconded by.Councilman Gurnee the following
resolution was introduced: Resolution No. 2785 (1975 Series), a resolution
adjusting the 1974/75 budget.
Passed and adopted on the following roll call vote:
AYES: Mayor Schwartz, Councilmen Gurnee and Graham
NOES: Councilman Norris ,
ABSENT: Councilman Petterson
11. Memorandum from Wayne Peterson, City Engineer, regarding acceptances
of Tracts-429 and 445 were ordered taken from the agenda as they were not ready
for
Council contidetation.
12. At this time the City Council considered the Street Priority List
for 1975/76. The projects were listed under three 'headings: A) Select System
Streets, B) Local Streets, and C) Chip Seal Coats.
Priority A - Select System Streets - was divided into three subheadings: 1) Widen -
ings, for which the City was committed or would be committed in-the near future;
2) Reconstruction; and 3) Overlays.
All projects were listed-in order of priority, taking into account cost, con-
dition of the street, and the amount and type of vehicluar traffic, thereby
establishing an informal cost- benefit ratio.
This year's totals reflected $1,868,800 for Select System streets, which
represented a $510,700 increase over last year's estimate for a lesser amount
of work. The increase reflected accelerating-material and right -of -way costs
which had taken place within the past several years. The estimate for Local
Street work for this year was $357,375 as opposed to $295,525 of last year's
priority list.
The Priority List was an extremely useful aid in assisting the Public Services
Department in programming street work for the coming year and in assisting the
Water Department and other utility companies to program for replacement and
repair work to be conducted prior to commencing street work.
Mayor Schwartz stated that the City Council had reviewed, in the field, the
priority list as submitted by the Public Services Director, and asked the
Council if they wished to proceed.
On motion of Mayor Schwartz, seconded by Councilman Graham the Priority Listing
as submitted by the Public Services Director and approved by the City Council
in their field checks was accepted. Motion carried, Councilman Petterson absent.
13. Communication from A -1 Electric requesting that the City Council adopt
a new policy in their handling of bids for public work requiring the City to
act as a plan depository, and also that 72 hours prior to official bid opening,
it would be mandatory for the City to inform interested contractors that the
call for bid was coming up and notify them of the fact of whether they would
be submitting bids or not and in what capacity. A -1 Electric felt this procedure
could be adopted and they felt it would save the public many thousands of dollars
in duplication and subs being unaware of who was bidding on projects.
The purpose of this new set up would be to make sure that all the subs knew
what contractors were bidding as prime so that they would have the opportunity
to put in their bids with all the general contractors.
A.J. Shaw, "City Attorney, felt the proposal was unnecessary and would burden
the City. He felt that the information was'-now available to contractors and
subs as all they have to do was call the City Clerk's Office to see who had
taken out plans.
If the new plan as suggested by A -1 Electric was adopted, it would be the
responsibility of the City Clerk's Office to contact all the possible sub-
contractors and inform them of who the prime contractors or generals were.
City Council Minutes
May 5, 1975
Page 11
Jack Farris, representing A -1 Electric, felt that in the interest of possible
lower bids, the City should coordinate all prime and subcontractors on every
City proposal.
Councilman Norris was in support of anything that would help the contractors ..
in the City of San Luis Obispo acquire public work.
The matter was continued for future input by the various contractors in the
' community.
14. Wayne Peterson, City Engineer, submitted for the Council's considera-
tion and approval of Minor Subdivision No. 423, stating that the subdivision met
all the requirements of the General Plan and that the City Council should adopt.
On motion of Councilman Graham, seconded by Councilman Norris the following
resolution was introduced: Resolution No. 2766 (1975 Series), a resolution of
the Council of the City of San Luis Obispo approving the Final Map of Minor
Subdivision No. 423.
Passed and adopted on the following roll call vote:
AYES: Councilmen Graham, Norris, Gurnee and Mayor Schwartz
NOES: None
ABSENT: Councilman Petterson
15. Memorandum from Robert Strong, Director of Community Development,
forwarding a recommendation of the Planning Commission on Minor Subdivision
No. 426.for 222 and 234 Cerro Romauldo Drive, which consisted primarily o a
lot line adjustment on this property.
The application would be reviewed by the Waterways Planning Board to determine
if the City should obtain additional easement for the creek traversing the
corner of one of the subject parcels. If the Waterways Board determined that
an additional easement was desirable, their recommendation would be submitted
at the Tuesday meeting to be added as an additional recommendation by the
Planning Commission.
The matter was continued to the Council meeting of May 19, 1975 for complete
staff work and for input from the Waterways Planning Board and the Planning
Commission.
16. Recommendation from the Mass Transportation .Committee from its
meeting of April 21, 1975.
A) The Mass Transportation.Committee hereby recommended that the City
Council direct the Police Department to flag buses through the parade
route this year and in subsequent years to come (during La Fiesta).
On motion of Mayor Schwartz, seconded by Councilman Graham that the bus be
re- routed during the Fiesta Parade by taking Santa Rosa Street and Nipomo
Street. Motion carried, Councilman Petterson absent.
B) The City Council should pass a resolution authorizing the relocation
of the bus stop from Laguna Village Inn to Los Osos Valley Road.
On motion of Councilman Graham, seconded by Councilman Norris the following
' resolution was introduced: Resolution No. 2791 (1975 Series), a resolution of
the Council of the City of San Luis Obispo approving a bus loading zone on Los
Osos Valley Road.
Passed and adopted on the following roll call vote:
AYES: Councilmen Graham, Norris, Gurnee and Mayor Schwartz
NOES: None
ABSENT: Councilman Petterson
City Council Minutes
May 5, 1975
Page 12
C) The Mass Transportation Committee hereby recommended that the City
Council establish policy concerning the use of City buses for special
occasions as requested by special interest groups.
This-item was-referred to the budget study sessions.
D) Discussion of the visibility problem created by the bus stop in
front of City Hall should be referred to the Traffic Committee.
This item was referred to the Traffic Committee. '
E) The Mass Transportation Committee hereby recommended that the City
Council notify the Bench Ad Company to remove the benches from all
locations within the City so as to prevent confusion in conjunction
with the City's transportation system.
This item was approved and the Public Services Director was to notify the
Bench Ad Company.
F) If the City Council agreed, it should authorize the staff time
necessary to prepare documents for the UMTA grant.
This item was referred to the budget study session.
G) The Transportation Committee requested that the City Council grant
them authority to authorize San Luis Transportation Company to provide
additional service during peak periods.
This item was referred to the budget study session.
17. Consideration of a proposal for construction of WATERLINE IMPROVE-
MENT PROJECT, Bullock Lane, Johnson Avenue, Church Street and Sinsheimer Park,
City Plan No. 25 -75 was withdrawn due to inadequate staff preparation. '
18. Memorandum from Robert Strong, Director of Community Development,
forwarding a request of the Planning ommission for the City to release excess
land adjacent to Loomis Street near Santa Ynez. The purpose of the request
was the intent that the subject property now owned by the City be combined
with adjacent property owners for development. The City property in question
was part of land acquired from the State when the freeway was constructed and
Loomis Street was re- aligned adjacent to Highway 101.
The right -of -way for Loomis Street was somewhat irregular because of the
underlying subdivision of land which was purchased in part by the State for
right -of -way. At any rate, the City did have fee title to Loomis Street
including the area which was not apparently needed for street purposes.
The Planning Commission reviewed the request and made the following determina-
tions and recommendations to the City Council:
1). A portion of the right -of -way for Loomis Street should be abandoned
by the City for street purposes because it was excess for said purpose.
2) The property in question should be combined with adjacent property
owners in order to permit the lot to become conforming in lot area to
the zoning ordinance minimum lot size. There were other lots contiguous
to the City property which might have the right to bid on the property
although it appeared unusable to them.
'
3) If the City Council indicated an intent to dispose of the excess
property, the applicant had agreed to pay for a survey of the property.
4) If the survey was conducted, a report should be submitted to the
City Council from the City Engineer indicating precisely that portion
of the street right of way needed for street purposes including curb,
gutter, sidewalk and slope easements and that portion which was excess.
5) Any sale of the property should result in the construction of curb,
gutter, and sidewalk along the entire frontage of the property; the cost
of construction might be included in the bid price.
City Council Minutes
May 5, 1975
Page 13
On motion of Mayor Schwartz, seconded by Councilman Norris that the City Council
inform the Planning Commission and property owners concerned of their willingness
to dispose of the property by sale when all conditions of the Planning Commission
had been met. Motion carried, Councilman Petterson absent.
19. Memorandum from Robert Strong, Director of Community Development,
reporting that the Architectural Review Commission reviewed and approved the
landscape plan for the Hilton Inn and determined that the landscape plan
' because its scope, detail and intensity satisified the conditions of the use
permit requiring $10,000 compensatory planting mandated by the City Council
for illegal tree removal.
The decision of the ARC was based on the applicant's efforts in landscaping
that portion of Palm Street closed for street purposes by the City and also
the applicant's efforts to use larger plant sizes including in some instances
specimen plants.
The landscape plan, staff report relative to the landscape plan and the
applicant's justification of money spent to comply were submitted for Council
review. The intent of the report was to permit Council to review the subject
landscape plan to determine compliance with the $10,000 penalty. The staff
recommended that the ARC approved plan be accepted by the City Council.
On motion of Councilman Gurnee, seconded by Councilman Norris that the City
Council accept the approved plan by the Architectural Review Commission for
landscaping of the Hilton Inn site. Motion carried, Councilman Petterson absent.
---------------------------------------------------------------------------------
On motion of Councilman Gurnee, seconded by Councilman Norris consent items C -1,
C -2, C -3, C -4, C -5, C -6, C -7, C -8, C -9, C -10, C -11, C -12, C -14, C -15, C -16, C -17,
C -18, C -19, C -20, and C -21 were approved as recommended.
C -1 Claims against the City of San Luis Obispo were authorized payment
subject to approval by the Administrative Officer.
C -2 The following contract pay estimates were approved payment:
Karleskint -Crum, Inc. Est. #3 FINAL $ 1,170.33
SENIOR CITIZENS CENTER (6/9/75)
IRRIGATION & LANDSCAPING
Charles A. Pratt Const. Co. Est. #1 2,291.50
WASTEWATER TREATMENT PLANT
SLUDGE DIGESTER, C.P. #45 -74
Madonna Construction Co. Est. #9 481661.13
EDNA SADDLE RESERVOIR C.C.O. #8 +4,574.59
C.P. #W73 -8
Pacific Erectors Corporation Est. #3 61,057.26
EDNA SADDLE RESERVOIR
C.P. #W73 -7
C -3 Memo from D.F. Romero including a resolution prepared by Jenks $
Adamson authorizing the Director of Public Services to sign and file on
behalf of the City in applying for Federal assistance under the Federal Water
Pollution Control Act was referred to the City Attorney for review.
' C -4 Letter from John D. Nettleship, Chairman of the Advisory Committee
on Joint Recreational Use of School District Property, recommending that the
Council retain the $100,000 increment in reserve for the swimming pool at
Sinsheimer Park in next year's budget was referred to the City Council budget
study session.
C -5 Communication from the City Clerk's Office regarding Data
Processing Service Agreement with the County of San Luis Obispo.
City Council Minutes
May 5, 1975
Page 14
On motion of Councilman Gurnee, seconded by Councilman Norris the following
resolution was introduced: Resolution No. 2789 (1975 Series), a resolution
of the Council of the City of San Luis Obispo approving a data processing agree-
ment with the County of San Luis Obispo.and authorizing the Mayor to sign the
same.
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee, Norris, Graham and Mayor Schwartz I
NOES: None
ABSENT: Councilman Petterson
C -6 Request by the E1 Camino Foreign Car Club for use of Santa Rosa
Park on May 25, 1975 and approval of use of public address system for announce-
ments, etc. was approved subject to control of the public address system.
C -7 Consideration of the minutes of the Waterways Planning Board meeting
of April 18, 1975 were ordered received and filed.
C -8 The Administrative Officer announced the appointment of:
Dan M. Smith as full -time, temporary Maintenance Man for Laguna
Lake Golf Course at $520 per month, effective May 1, 1975
John P. Richerson as Maintenance Man II for the Parks Division at
Step .1 or $700 per month, effective May 1, 1975 and subject to a
one -year probationary period
C -9
The Corporation Grant Deed from Walter Brothers Construction
Company ,
Inc.
to the City of San Luis Obispo of a portion of Higuera Street was
accepted
and
authorized to record same.
C -10
The Grant Deed for sanitary sewer easement in Tract 467 -2 to
the
'
City
of San Luis Obispo from Karl & Julia C. Kundert was accepted and
authorized
to record
same.
C -11 The Grant Deed from Victor Mori, Jr. and.Mary Jane Mori to the City
of San Luis Obipso for a portion of Bullock Lane for street widening purposes
was accepted and authorized to record same.
C -12 Recommendation from the Administrative Officer for various budget
adjustments in the 1974/75 budget.
On motion of Councilman Gurnee, seconded by Councilman Norris the following
resolution was introduced: Resolution No. 2787 (1975 Series), a resolution
adjusting the 1974/75 budget.
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee, Norris, Graham and Mayor Schwartz
NOES: None
ABSENT: Councilman Petterson
C -13 Claim against the City of San Luis Obispo by Berta R. Shea for
personal injuries.
Claim against the City of San Luis Obispo by Berta R. Shea for leave
to present late claim by Donley $ McKenzie on behalf of Berta Shea.
Claim against the City of San Luis Obipso by Berta R. Shea (declara-
tion of William H. McKenzie in support of application for leave to present
late claim).
On motion of Mayor Schwartz, seconded by Councilman Gurnee the matter was con-
tinued to the May 19, 1975 meeting and the City Attorney asked to review and
make recommendation to the City Council. Motion carried, Councilman Petterson
absent.
City Council Minutes
May 5, 1975
Page 15
C -14 Claim against the City of San Luis Obipso by Eric Hafley for damage
done to car windshield was denied and referred to the insurance carrier.
C -15 Claim against the City of San Luis Obispo by Sandra Hovdal for
damages when she slipped and fell in street at Osos and Pacific Streets was
denied and referred to the insurance carrier.
C -16 Claim against the City by Anita S. Johnson for damages caused by
' leak under a sink which was due allegedly by a surge of water pressure was
denied and referred to the insurance carrier.
C -17 Claim against the City of San Luis Obisp by John Price for personal
injuries as a result of fall sustained on or about 1/15/75 caused by a
"dangerous and hazardous" condition on the sidewalk on Monterey Street near
the County Courthouse was denied and referred to the insurance carrier.
C -18 Complaint against the City of San Luis Obispo by Charles A. Pratt
Construction Company for breach of contract for HIGUERA STREET $ LOS OSOS VALLEY
ROAD (EXTENSION) STREET, SEWER & WATER IMPROVEMENT, Tract 467 was referred to
the City Attorney and the insurance carrier.
C -19 Claim against the City of San Luis Obispo by Richard Barich, DDS,
for damages when his car was struck by City Police vehicle was denied and
referred to the insurance carrier.
C -20 Request of the Veterans of Foreign Wars Ladies Auxiliary for permis-
sion to sell buddy poppies on May 24, 1975 was approved.
C -21 Request of the American Legion Auxiliary to sell buddy poppies in
downtown San Luis Obispo was approved.
------------------------------------------------------------------------------
TRAFFIC COMMITTEE ITEMS
TC -1 75 -5 -1T Recommended that one car space be painted red west of
recreation building near entrance (south side of Mill Street)
to improve visibility.
TC -2 75 -5 -2T Recommended that Higuera be marked for two lanes below
Nipomo at State expense with request that "25 MPH" be marked
on the pavement.
TC -3 75 -5 -3T Petition for traffic signals at Los Osos Valley and Madonna
Roads. Traffic Committee noted that this intersection did
not currently meet state warrants for such an installation
and no provision in current CIP.
TC -4 75 -5 -4T Petition for closure of pedestrian accesses to senior high
school to relieve parking in neighborhood.
TC -5 75 -5 -5T Suggested that the directional signs used in connection
with Poly Royal serve useful purpose and therefore should
be retained on permanent basis.
TC -6 75 -5 -6TC Requested Traffic Committee review of bike plan and report
on recommendations. The Traffic Committee stated:
' 1) City progressing on South Broad cooperating with DOT
in planning stage for bike lanes in connection with widening
project.
2) Police Department continuing bike safety education
program.
3) Urge letter be written to Cal Poly for them to pursue
idea of separated bikepath along California Boulevard, if
unsuccessful, attempt to bring about better maintenance of
roadway surface on California.
City Council Minutes
May 5, 1975
Page 16
TC -7 75 -5 -7T Recommended elimination of loading zone and replacement with
parking meter space on Monterey Street (in front of County
Purchasing Office).
TC -8 75 -5 -8T -A) Request from.Al Eglash, 1677 McCollum for use of mirrors
selected dangerous traffic locations. Traffic Committee
recommended denial.
B) Request of Cambria Community Council for special parking I
permit for senior citizens' bus twice a week. Traffic Commit-
tee recommended denial.
On motion of Councilman Gurnee, seconded by Councilman Norris the following
resolution was introduced: Resolution No. 2788 (1975 Series), a resolution of
the Council of the City of San Luis Obispo restricting parking on Mill Street;
eliminating a loading zone on Monterey Street to accommodate metered parking;
and authorizing permanent Cal Poly directional signs on California Boulevard.
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee, Norris, Graham and Mayor Schwartz
NOES: None
ABSENT: Councilman Petterson
---------------------------------------------------------------------------------
B-1 The City Clerk reported on bids received for BROAD - ROCKVIEW SEWAGE
PUMP STATION, City Plan No. 20 -75. Bids opened April 29, 1975 at 2 p.m.
Smee's Plumbing $ Heating $15,981.51
San Luis Obispo
Charles A. Pratt Const. Co. 18,296.68 ,
San Luis Obispo
Baker Corporation 18,421.50
Arroyo Grande
Paso Constructors 28,170.00
Paso Robles
P.E. McCullum 48,600.00
Yuma
G. $ S. Construction 34,370.00
Ojai
Recommend low bid of Smee Plumbing in the amount of $15,981.51.
On motion of Councilman Gurnee, seconded by Councilman Norris that the low
bid of Smee Plumbing in the amount of $15,981.51 be awarded.
B -2 The City Clerk reported on bids received for PRADO ROAD STORM DRAIN,
City Plan No. 22 -75, SS 208. Bids opened on April 29, 1975 at 2:30 p.m.
Walter Bros. $ 5,089.00
San Luis Obipso
Chas. A. Pratt Const. Co. 5,439.20 ,
San Luis Obispo
W.A. Howie 5,626.00
San Luis Obispo
Conco 5,661.00
San Luis Obispo
1
1
City-Council Minutes
May 5, 1975
Page 17
Bids received for PRADO ROAD STORM DRAIN continued.
Baker Corporation $.5,814.40
Arroyo Grande
Fred Julien $ Associates 5,955.94
San Luis`Obiapo
Paso.Constructors 6,793.00
Paso Robles
Madonna Construction Co. 7,320.00
San Luis Obispo
G...& -S. Construction .8,580.00
Ojai
Smee's Plumbing & Heating 8,840.92
San.Luis.Obispo
Recommend..the.low bid of Walter Brothers in -the amount of $5,089.
On motion of Councilman Gurnee,.seconded by Councilman Norris the low bid was
awarded to Walter Brothers.
On motion of Councilman Gurnee, seconded by Councilman Norris the following
resolution was introduced: Resolution No. 2786 (1975 Series), a resolution
increasing the 1974 /75.budget.
Passed and.-adopted on the following .roll call vote:
AYES: Councilmen Gurnee, Norris, Graham and Mayor.Schwartz
NOES: None
ABSENT: Councilman Petterson
There being no further business, the meeting adjourned on order of Mayor Schwartz.
APPROVED: September 11, 1975.
..J,.H.-FXzJ5atrick, City Clerk