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HomeMy WebLinkAbout07/03/1972Pledge Roll Call Present MINUTES REGULAR MEETING.OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA July 3, 1972 - 7:00 P. M. City Hall Emmons Blake, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz Absent: John C. Brown City Staff Present: J. H. Fitzpatrick, City Clerk; W. Flory, Parks and Recreation Director; R. D. Miller, Administrative Officer; R. A. Paul, Water Director; E. L. Rodgers, Police Chief; D. F. Romero, City Engineer; A. J. Shaw, City Attorney; R. D. Young, Planning Director. C -1. The City Council authorized payment of claims against the City subject to approval by the Administrative Officer. C -2. The City Council approved the minutes of June 2 (Noon); June 2 (afternoon); and June 9 (Noon), 1972, after corrections. C -3. The City Clerk presented the results of the Special Municipal Election held on June 20, 1972, after the official canvass was held on Tuesday, June 27,1972, as follows: 1. Number of registered voters in City 16209 Number of votes cast in City 6363 Number of absentee votes cast in City 365 2. Tabulation of votes Referendum No. 1 YES 1935 NO 4415 Charter Amendment No. A YES 5716 NO 618 3. Tabulation of vote by precinct (See Exhibit "A "). 4. Tabulation of votes for each measure (See Exhibit "A "). 5. Tabulation of absentee voter ballots by measure (See Exhibit "A "). On motion of Councilman Gurnee, seconded by Councilman Graham, the follow- ing resolution was introduced. RESOLUTION NO. 2334, -a resolution declaring the results of the Special Election held June 20, 1972. Passed and adopted on the following roll call vote: AYES: Councilmen Blake, Graham, Gurnee and Mayor Schwartz NOES: None ABSENT: Councilman Brown City Council Minutes July 3, 1972 Page 2 C -3A. The City Clerk reported the following expenditures for the Special Election held on June 20, 1972. Postal Permit $ 30.00 Postage for Sample Ballots 824.60 Election Officers' Salaries (119) 2,589.00 Polling Place Rent (11) 220.00 Precinct Supplies (30) 3,021.18 County Clerk Services 87.71 Translation of Ballot 20.00 $6,792.49 The report was received and filed. C -4. The City Clerk reported the following bids were received for Johnson Avenue Widening (Hathway property) at Ella Street, SS 151, City Plan No. 25 -72. Bids were opened July 3, 1972 at 2:00 P. M. ENGINEER'S ESTIMATE $ 4,751.00 Walter Brothers Construction 5,074.30 San Luis Obispo R. Burke Corporation 5,412.00 San Luis Obispo Madonna Construction 5,471.50 San Luis Obispo Wesley G. Watkins 7,512.30 Paso Robles 0 K Construction 11,312.00 Santa Barbara The City Council accepted the low bid from Walter Brothers Construction. C -5. The City Clerk reported the following bids were received for Repairing Heat Exchangers and Valves, Sludge Digester No. 1, City Plan No. 33 -72. Bids were opened July 3, 1972 at 2:30 P. M. ENGINEER'S ESTIMATE $ 5,100.00 Smee's Plumbing 4,050.00 San Luis Obispo R. Baker Construction 4,776.00 San Luis Obispo The City Council accepted the low bid from Smee's Plumbing. C -6. The City Clerk reported the following bids were received for Mission Plaza Development, Phase 3, City Plan No. 9 -72. Bids were opened July 3, 1972 at 3:00 P. M. ENGINEER'S ESTIMATE $17,819.00 Madonna Construction 20,761.00 San Luis Obispo R. Burke Corporation 22,766.00 San Luis Obispo 1 Wesley G. Watkins Paso Robles 0 K Construction Santa Barbara City Council Minutes July 3, 1972 Page 3 23,036.00 28,541.00 The City Council accepted the low bid of Madonna Construction Company. C -7. The City Council concurred with the recommendation of the Administrative Officer that the additional vacation benefits be calculated on a calendar year basis effective January 1, 1972. C -8. The City Council authorized the Administrative Officer to call for bids for uniform service for the Public Works and Parks Departments. C -9. A communication from the State Department of Parks and Recreation regarding the off - highway vehicle registration program and its impact on recreation services, planning and law enforcement was referred to the Parks and Recreation Commission, Planning Commission and Police Depart- ment for their information. C -10. The City Council approved the following contract payments: Cully Mfg. Co. Sign Mounts City Plan 17 -72 Dennis Landscaping Co. Street Tree Planting City Plan 23 -72 Herrin Electric Baseball Field Lighting Sinsheimer Park W. A. "Gus" Howie Foothill- Tassajara Widening City Plan 23 -71 Neal F. Loughran Municipal Parking Lot Imp. City Plan 30 -72 Troutner Brothers Furnishing 8 planting Trees in Tract 403 Walter Brothers Laguna Lake Park, Phase II City Plan 23 -71 Est. #1 $ 2,646.00 Est. #1 S 4,778.00 (Includes 21 day extension of contract) Est. #3 $33,366.33 Est. #4 (Final) $ 4,577.00 Est. #2 S 1,291.50 Est. #3 (Final) $ 479.89 Est. #1 S 5,685.96 Est. #2.(Final) $ 631.77 Est. #1 $ 2,315.70 Est. #2 (Final) $ 257.70 Est. #2 $21,890.95 I Wesley G. Watkins Est. #1 $24,979.50 Monterey Street Storm Drain City Plan 22 -72 C -11. The Mayor was authorized to accept a deed of easement from the County of San Luis Obispo for a sewer easement at the Veteran's Building. C -12. The City Council accepted the letter of resignation of Robert Reynolds from the Design Review Board with regret. The Council sub - committee was to consider ,a replacement.for Mr.. Reynolds. City Council Minutes July 3, 1972 Page 4 C -13. The minutes of the Desing Review Board meeting of June 13, 14, 21 and 27, 1972 were received and filed. C -14. The claim of Mrs. Bonnie M. Shetler for her son, Darren, was denied and referred to the insurance carrier. C -15. The City Council accepted the contract with Woods Animal Shelter Society for the fiscal year 1972/73 and ordered it filed. C -16. The consideration of the acceptance of Tract 400 was continued to the July 17, 1972 meeting for a report from the City Engineer. C -17. The City Council received a report on Zoning Code Enforcement activities and Housing Code Enforcement from the Planning and Building Department. On motion of Councilman Gurnee, seconded by Councilman Graham, the consent items were approved as indicated. Motion carried. 1. At this time the City Council considered the final passage of ORDINANCE NO. 554, an ordinance amending the Municipal Code (Section 5200.16) to provide for control over rubbish accumulated during construction. Mayor Schwartz declared the public hearing open. No one appeared for or against the passage of the ordinance. Mavor Schwartz declared the public hearing closed. On motion of Councilman Blake, seconded by Councilman Gurnee, ORD.I'NANCE NO. 554, an ordinance of theCity of San Luis Obispo amending Municipal Code Section 5200.16 to provide control over rubbish accumulated during construction, was introduced for final passage. Finally passed on the following roll call vote: AYES: Councilmen Blake, Graham, Gurnee and Mayor Schwartz NOES: None ABSENT: Councilman Brown 2. At this time the City Council held a public hearing on the proposed freeway agreement with the Division of Highways for reconstruction and /or realignment of the Los Osos Valley Road interchange and approach roads at 101 Freeway. Mayor Schwartz declared the public hearing open. Henry Case, representing the Division of Highways, reviewed the contents of the proposed freeway agreement for the Los Osos Valley Road inter- change explaining what work would be accomplished by the Division of Highways and what work was to be accomplished by the City or by private developers to connect to the Los Osos Valley Road extension. He explained that the State would not do any work on the interchange until requested by the adjoini.hg property owners or the City. City Council Minutes July 3, 1972 Page 5 D. F. Romero, City Engineer, explained that the extension of Los Osos Valley Road to old Highway 101 had been a part of the Master Streets and Highways Plan of the City for many years and he felt this as an important part of the City's peripheral road system. D. 0. Miller, 2424 Johnson Avenue, was opposed to the City signing a freeway agreement as he felt this was just another example of making things too easy for the motor vehicle and its driver. Mayor Schwartz declared the public hearing closed. Councilman Gurnee was opposed to the freeway agreement as he felt it would encourage growth in this part of the community which he felt would require large expenditures from City funds to cooperate with the promoters and developers for roads, bridges, utilities, etc. Councilman Blake stated this was not a new road but had been on the City's Master Streets and Highways Plan for many years and that he would support the Freeway Agreement. On motion of Councilman Blake, seconded by Councilman Graham, RESOLUTION NO. 2340, a resolution approving and authorizing the Mayor to execute agreement with the California Division of Highways for reconstruction and /or realignment of the Los Osos Valley Road interchange and approach roads at 101 Freeway. Passed and adopted on the following roll call vote: AYES: Councilmen Blake, Graham, and Mayor Schwartz NOES: Councilman Gurnee ABSENT: Councilman Brown 3. At this time the City Council held a public hearing on the appeal of Standard Oil Company of a condition of the use permit established by the Planning Commission regarding signs and signing for the service station at 151 Santa Rosa Street at the intersection with Foothill Blvd. R. D. Young, Planning Director, presented the recommendation of the Planning Commission in setting the following conditions in the use permit for the service station; "3. Street signing shall be low to the ground of marquis style. All signing shall conform to the Sign Ordinance." Mayor Schwartz declared the public hearing open. William Reynolds, Standard Oil Company, stated his firm felt that due to the location of the service station and the large buildings to the west and north that the station was not visible to traffic coming into San Luis Obispo on Highway 1 until the traffic was approximately 30 yards from the service station driveway. This was caused by the curve in the roadway and the adjacent trash bin built to the sidewalk at the north property line. He concluded that much of the business for this service station comes from the in -bound Highway 1 traffic and without proper signing, this business would be lost. He urged the City Council to allow them to continue with their normal size sign identification. Mrs. Valerie Endres, member of the Planning Commission, stated that the Planning Commission had studied this sign problem in detail and hoped that the City Council would support the use permit condition as the Planning Commission was cooperating with the Design Review Board who urged the more subdued type of signing for commercial establishments at all City entrances. City Council Minutes July 3, 1972 Page 6 Cecil EIIenson, operator of the service station, felt he could not get along without a higher and bigger sign advertising his location. He felt that as a tax payer and citizen of the City of San Luis Obispo, he should be protected in his business enterprise and further that the remodelling of the service station should be an asset to the community. Dr. Lawrence Field, member of the Design Review Board, felt the City Council must take action to protect the entrances to the City and he hoped that the City Council would support the Planning Commission and the Design Review Board. William Reynolds, Standard Oil Company, reminded the City Council that they and the Planning Commission had approved a Shell service station on Madonna Road with a 50 foot high sign and while Standard Oil Company was not asking for such a height, they did believe a larger sign was required. Donald 0. Miller hoped that the City Council would support the Planning Commission in its attempts to get service station signs down and in better scale rather than the garish signs that presently exist. Jack Gain, Standard Oil Company, spoke in support of Standard Oil's appeal for a higher sign than presently authorized. Mayor Schwartz declared the public hearing closed. Councilman Graham stated he was in favor of the Planning Commission recommendation for a low profile sign but felt that something could be done to help attract traffic from the highway such as a marquee that could be seen over the adjacent building's wall. Councilman Gurnee supported the Planning Commission's recommendation. Councilman Blake asked why the State owned property on Foothill and Santa Rosa couldn't be used as he felt that if it were under the control of Standard Oil Company, it would be a good spot for the sign. Mayor Schwartz explained the difference in zoning on the subject station and the service station on Madonna Road which were subject to different conditions dealing with signs, etc. He felt he would support the recom- mendation of the Planning Commission. On motion of Councilman Blake, seconded by Councilman Gurnee, that the City deny the appeal of Standard Oil Company. Motion carried. On motion of Councilman Blake, seconded by Councilman Gurnee, that the City direct a letter to the Division of H.i!ghways stating the City Council supported Standard Oil Company cleaning up and using the small triangular piece of property at the corner of Santa Rosa & Foothill. 4. At this time the City Council held a public hearing on RESOLUTION NO. 2318, a resolution of intention to abandon a portion of Leland Terrace. R. D. Younq, Planning Director, presented the recommendations of the Planning Commission that the street be abandoned as it had no present or future need in the City development and that the abandonment take place subject to the retaining of a water line easement under the full width of Leland Terrace and reserve to P.G.& E., the right to install, maintain, repair, operate, replace, remove and renew wires, poles and other structures, equipment and fixtures, both above ground and under- ground as necessary for the operation of said facilities. Mayor Schwartz declared the public hearing open. 1 fl 1 City Council Minutes July 3.1972 Page 7 No one appeared for or against the abandonment. Mayor Schwartz declared the public hearing closed. On motion of Councilman Blake, seconded by Councilman Graham, RESOLUTION NO. 2341; a resolution finding and determining that a portion of Leland Terrace is unnecessary for present or prospective street purposes and ordering the abandonment of same, was introduced. Passed and adopted on the following roll call vote: AYES: Councilmen Blake, Graham, Gurnee and Mayor Schwartz NOES: None ABSENT: Councilman Brown 5. At this time the City Council held a public hearing on the recommendation of the Fire Chief to establish certain physical standards which must be met before allowing firemen to return to work after pro- longed illness or disability. A memorandum from Chief Schlobohm explained that the Fire Department provisions require physical ability and that all active duty firemen must maintain a minimum agility to meet these standards. He felt that after long illness or recuperation from an accident, that a fireman should be required to meet mimimum standards adjusted for his age before returning to full duty. He also indicated that a representative of the Cal Poly Physical Education Department was reviewing the present City standards and would work with the Fire Department in various agility tests. Mayor Schwartz declared the public hearing open. Ralph Hunt, President of the Firemen's Association, stated his organi- zation was in full support of the Fire Chief's recommendation for maintaining physical standards of all members of the Fire Department. He, too was looking forward to the cooperation of the P.E. Department at Cal Poly to help them determine the physical standards. Mayor Schwartz declared the public hearing closed. On motion of Councilman Graham, seconded by Councilman Gurnee, that the City Council adopt the proposal of the Fire Chief as an interim program until the physical standards.had been developed. Motion carried. 6. R. D. Young, Planning Director, presented a recommendation from the Planning Commission to abandon a utility easement along the south property line at 130 Tassajara Drive subject to a ten foot easement to be retained for P.G. & E. On motion of Councilman Gurnee, seconded by Councilman Graham, RESOLUTION NO. 2342, a resolution of the Council of the City of San Luis Obispo ' ordering the partial vacation of a public utilities easement was introduced. Passed and adopted on the following roll call vote: AYES: Councilmen Blake, Graham, Gurnee and Mayor Schwartz NOES: None ABSENT: Councilman Brown City Council Minutes July 3, 1972 Page 8 7. The City Council received a request from John Pedroni, 1866 Loomis Street, for an exception from the sidewalk ordinance to permit more than 30% of the frontage to be in driveway ramp in order to serve the duplex just completed at this address. A. J. Shaw, City Attorney, felt there was no existing procedure in the Municipal Code to allow an exception to the width in a residential area. He felt that without an amendment to the ordinance, there was no way the exception could be granted: On motion of Councilman Blake, seconded by Councilman Gurnee, that the City Attorney prepare an amendment for the Council's consideration to allow future exceptions to sidewalk width when the Council felt it was justified. Motion carried. 8. The City Council received a communication from Lynne Development Company appealing the indiscriminate and arbitrary posting of weed abatement notices on their property by the City Fire Department. They stated that none of their three parcels posted by the Fire Department constituted a fire hazard in their opinion. One parcel was in agri- cultural use and had been mowed since the posting of the notice, although there were a few weeds still along the edge of the property . which they did not feel were a fire hazard. The second parcel was located on Los Osos Valley Road and apartments had recently been built and clean up had not been completed. The third parcel was the back yard of the house in which Mr'. Benzer lived which was under the care of a gardener and did not constitute a hazard to anyone. Chief Schlobohm felt the property on Higuera and Los Osos Valley Road were still fire hazards and should be abated and stated his department would follow through on these two parcels. He did agree that the property where Mr. Benzer lived did not constitute a hazard and possibly should not have been posted. A. J. Shaw, City Attorney, read the provisions of Section 5220 et seq. dealing with the conditions of the Fire Department posting property to abate fire hazards. R. Benzer, appeared before the City Council stating he did not feel any of the three properties posted were hazards to himself or to any resi- dent of the City of San Luis Obispo and that he objected to the posting of the properties by the Fire Department. Councilman Blake stated that based on Fire Department photos, he was sympathetic to the appeal of Mr. Benzer due to the ordinance definition as he agreed there was no hazard to life and limb and suggested that the matter should be continued and asked the Fire Department officials to go over the Benzer property with him and explain their reasons for declaring the hazard. Mayor Schwartz stated that after an inspection of the property, he felt that the Prado Road lot should be cleared because it was a hazard. He also felt that the property owners had a responsibility to keep their property in an orderly and safe manner. Councilman Graham felt the Fire Department had tried to be fair to everyone but he also felt all lots in the City should be cleared and the hazards removed. On motion of Councilman Blake, seconded by Councilman Graham, that the matter be continued and that the City Council request the representa- tives of the Fire Department to meet with Ron Benzer to go over the posted properties and 1f not satisfied, bring the matter back to the City Council for interpretation. Motion carried. City Council Minutes July 3, 1972 Page 9 9. R. D. Young, Planning Director, presented the recommendation of the Planning Commission to revise the precise plan for the French Hospital at 1941 Johnson Avenue. The revision request was to allow a four story clinic to be relocated from the north side of the hospital to the south side. He continued that the Planning Commission recommended the amend- ment to the approved precise plan subject to the following conditions: 1. Development shall be in accordance with the submitted precise plan subject to the conditions established by the Commission. 2. A detailed landscape plan showing plant materials and method of irrigation shall be submitted to the Planning Department for approval. 3. Construction of the clinic shall begin within one year. 4. All mechanical equipment on the clinic and hospital under con- struction shall be screened. Said screening shall be subject to the approval of the Planning Department. 5. A City standard hydrant shall be installed according to required specifications as shown on the plot plan at the southwest corner of the proposed clinic. 6. All portions of the building are to be protected by an approved automatic sprinkler system. Gene L. Merritt, 1265 Buchon Street, asked the City Council to consider additional traffic access over the railroad to serve French Hospital as he felt this facility would over - burden and overload Johnson Avenue and he felt other routes should be developed. D. F. Romero, City Engineer, explained the exits from the French Property would use Fairview and Breck Street in addition to Ella Street. Charles French, attorney, stated his clients concurred in all require- ments established by the Planning Commission. He also stated that the mechanical equipment on the hospital roof would be covered so it would not be an eye sore to the neighborhood. On motion of Councilman Blake, seconded by Councilman Graham, that the City Council approve the revised precise plan for the French Hospital,, subject to conditions set by the Planning Commission. Motion carried. 10A. The City Council received a communication from the Promotional Coordinating Committee recommending that the City Council grant up to $4,000 to the San Luis Obispo Little Theatre'Association as support of the theatre activities for the fiscal year 1972/73. The Committee felt that the Little Theatre deserved support as it added to the cultural quality of life in the City of San Luis Obispo. On motion of Councilman Graham, seconded by Councilman Gurnee, that the recommendation of the Promotional Coordinating Committee be approved with funds to be allocated at the end of each quarter. Motion carried. 10B. The City Council received a communication from the Promotional Coordinating Committee recommending that $6,315 be allocated to the Chamber of Commerce to aid in their promotion of the City for the fiscal ' year 1972/73. The recommendation for allocation was broken down as follows: $ 810.00 30% of Office Rent 180.00 30% of Utilities 675.00 100% of Telephone Charges 90.00 30% of Janitorial Services 250.00 100% of Publicity & Promotion 2000.00 100% of Postage 2100.00 30% of one Clerical Salary 210.00 Payroll taxes on one clerical salary $6,315.00 City Council Minutes July 3, 1972 Page 10 The Committee also recommended that the Chamber of Commerce be granted an additional $450 to keep their office open on Saturday and'Sunday, from July 1 through September 30, 1972. They further recommended that a reserve of $434.50 be set aside to provide the same service in May and June of 1973 providing the activity proves satisfactory during the summer months. Donald Q. Miller opposed the gift of any funds from the public to the Chamber of Commerce as he..felt. this 'was a:sel:f- serving group and it did not really represent the people of San Luis Obispo. He felt they worked through the State Chamber of Commerce against the good of the common man and he did not feel it was good public policy to give money to the Chamber of Commerce. He hoped the City Council would deny any financial support to the local Chamber. Councilman Graham felt the Chamber of Commerce rendered a service to the local citizens and also felt the method arrived at by the Promotional Coordinating Committee was fair, although he felt that additional funds should have been granted to the Chamber for the development of a visitors and convention bureau. He supported the recommendation of the Promotional Coordinating Committee. Councilman Gurnee stated he was opposed to continuing a subsidy to the Chamber of Commerce. He felt too much money was being spent on adver- tising and promotional activities and the Chamber of Commerce subsidy was just too high. He felt $7200 was too much for this year. He suggested that no City funds be used for Chamber activities. Councilman Blake stated he would support the recommendation of the. Promotional Coordinating Committee in granting funds to the Chamber and further supported the plan to reduce the amount each year until no public funds were given to the Chamber of Commerce. Mayor Schwartz stated he would support the Promotional Coordinating Committee's recommendation with future funds being reduced annually for the Chamber of Commerce. He hoped that the City Council would support the plan of the PCC to annually reduce the subsidy to the Chamber of Commerce although he felt that the phone and postage charges should be reduced to the same 30% ratio as other items in the allocation. Councilman Graham asked if the City Council could throw in some funds for a tourist and convention bureau for the City. Councilman Graham moved that the City Council accept the recommendation of the Promotional Coordinating Committee for a subsidy to the Chamber of Commerce during 1972/73 fiscal year in the amount of $7199. Motion died for lack of a second. On motion of Councilman Blake, seconded by Mayor Schwartz, that the City Council accept the recommendation of the Promotional Coordinating Committee with the following amendments: reduce payment for telephone to $500 per year reduce the postage payment to $1800 per year The payments to be made in twelve (12) monthly installments, an extra $150 per month to be paid for July, August and September and additional amount, if any, for May and June 1973 to be left open. Motion carried with Councilman Gurnee voting no, Councilman Brown absent. 11. The City Council received a communication from the Parks and Recreation Commission reporting on a joint meeting with the Human Relations Commission regarding the use of City parks for TGIF type activities. City Council Minutes July 3, 1972 Page 11 It was the recommendation of the Parks and Recreation Commission that the City Council deny the use of City parks for TGIF type parties and that the Parks Department continue their past policy of not issuing permits for such functions in the City parks. Mrs. WirshUD, member of the Human Relations Commission, objected to the recommendation of the Parks and Recreation Commission and hoped the City Council would not accept this report. She did not feel that TGIF's had a bad name in town and hoped the City Council would not pass regulations that affected only students. She hoped that whatever rules were made for the use of parks would apply to all citizens in the City of San Luis Obispo regardless of age. R. D. Miller, Administrative Officer, commented that TGIF's were no longer just a group of young people getting together for an afternoon of fun but have become money making operations. Councilman Gurnee suggested that the City Council should take action to support legislation which would allow 18 year old and over to drink alcoholic beverages. Councilman Graham wondered if the Parks and Recreation Commission had contacted Cal Poly to,see if TGIF's could be held on either the Cal Poly or Cuesta campus. W. Flory stated that the Commission was aware of the problem with State property but felt that they could only recommend action in their own area of responsibility which was City park land. Councilman Blake felt the Parks and Recreation Commission had made necessary inquiries with Cal Poly but kept their recommendations to the City parks over which they have full control. He stated he would.support 1 State legislation which would allow persons between 18 and 21 years of age full citizenship. Ken Bruce, Cal Poly A.S.I., stated the Associated Students had researched the matter of drinking on Cal Poly property and there was no way to legally serve alcoholic beverages on the campus or within one mile of the campus. E.-Rodgers, Police Chief, stated that the Inter - Fraternity Council should find an area in which to have these parties and take out a long term lease. On motion of Councilman Gurnee, seconded by MayoriSchwartz;,RESOLUTION._ f40. 2337, a resolution of the City Council of the City of San Luis Obispo urging the State Legislature to favorably consider proposals extending full adult r -ights and responsibilities to persons 18 years of age or older, was introduced. Passed and adopted on the following roll call vote: AYES: Councilmen Blake, Graham, Gurnee and Mayor Schwartz NOES: None ABSENT: Councilman Brown ' 12A. D. F. Romero, City Engineer, presented plans and specifications for water line improvements on Beebee Street and Calle Joaquin at an estimated cost of $50,000. On motion of Councilman Blake, seconded by Councilman Graham, that the plans and specifications be approved and that the City Engineer be authorized to call for bids, including acquisition of right of way. Motion carried with Councilman Gurnee voting no. City Council Minutes July 3, 1972 Page 12 12B. D. F. Romero, City Engineer, presented plans and specifications for Meadow Park, Phase II, to include planter -curb, installation of an automatic sprinkler system, and planting the park to grass with trees. On motion of Councilman Gurnee, seconded by Councilman Graham, the plans and specifications were approved at an estimated cost of $49,000, and the City Engineer was authorized to call for bids. Motion carried. 12C. D. F. Romero, City Engineer, presented plans and specifications for Street Resurfacing and Reconstruction Project SS 176 at an estimated cost of $107,000. On motion of Councilman Blake, seconded by Councilman Graham, that the plans and specifications be approved and the Engineer be authorized to call for bids. Motion carried. 13. The City Council received a communication from the City Attorney regarding the cost and problems involved in using a tranquilizer gun to capture animals running loose in the City. The City Council discussed the public relations aspects of allowing Woods Animal Shelter to use tranquilizers on dogs that were difficult to catch. E. L. Rodgers, Police Chief, objected to using guns within the City. He felt proper control was lacking and was almost non - existent under the animal shelter employees. He felt that to get the job done, the shelter needed more personnel. He also suggested that more control should be made at the animal shelter when they returned the dogs to their owners in order to reduce the number of dogs running in the streets. On motion of Councilman Graham, seconded by Mayor Schwartz, that the City Council authorize Woods Animal Shelter to implement a program in the use of tranquilizer guns on dogs who were extremely difficult to catch. Motion carried. 14. D. F. Romero, City Engineer, briefed the final report of CDM on the Master Water and Sewage Plan for the County to th8-:Council. He briefly explained the recommendations and conditions of the report. The matter was continued to July 17 for recommendation on the report for Council consideration. 15. Report from the City Engineer that the majority of property owners on Serrano Drive did not favor the installation of curbs and gutters at this time was continued to July 17, 1972 at the request of the property owners. 16. Traffic Committee report of June 21, 1972. 72 -7 -1C. The traffic committee has reviewed Mr. Romero's proposal for elimination of curb parking in the vicinity of Lizzie and Johnson in connection with the traffic signal project currently going to bid. We feel that such red zoning would be needed to allow the desired channel - ization and to make the instlalation as effective as possible. On the basis of safety and ease of congestion and confusion we recommend approval and suggest that the Council set the matter for hearing at an early date. The matter was set for public hearing. 1 I I` City Council Minutes July 3, 1972 Page 13 72 -7 -2T. The traffic committee has reviewed Mr. Romero's proposal to eliminate approximately 120 feet of restricted parking in front of the Hathway residence at the corner of Johnson and Ella once Johnson has been widened at that location. We agree with Mr. Romero that with the widening there should be no reason why cars cannot park at the curb. The recommendation was approved. 72 -7 -3T. Postal authorities have requested permission for a snorkel type collection box on the north side of Madonna Road just west of the first driveway ramp (coming from the freeway) leading into the small shopping center at the corner of Los Osos Valley Road and Madonna Road. We feel that this box would fulfill a need and recommend approval. The recommendation was approved. 72 -7 -4T. The traffic committee has received a request from Tom Coul requesting-that the 42 off street parking spaces behind the Shanghai Low Restaurant be changed back from ten hour meters to two hour. These were changed from two hours to ten hours a short time ago because it appeared that they were not being used for short -term parking. Now it appears that there is a growing need for short -term parking and that not all of the longer term parking across Palm is being used, according to Mr. Coull. He also states that he has contacted most of the merchants in the immediate area and they are in agreement that the parking pattern should be changed. In view of the apparent changes taking place in the area, we recommend that the request be approved. Councilman Graham objected to any change and felt that 12 all day meters should stay in the lot for employees. The matter was referred back to the Traffic Committee for further discussion. 72 -7 -5T. The traffic committee has received a request from Mr. and Mrs. Glenn Rich for an extension of the no parking zone in the unnamed alley behind Longview Lane toward Bond Street since the alley is quite narrow and a dangerous traffic condition is created by the presence of parked cars, particularly near the curve in the alley. We have evaluated this request and recommend that the parking restrictions be extended to Bond Street. The matter was set for public hearing. 72 -7 -6T. Mr. Romero has suggested that the present 'loadi.ng- .zone'i,n: front of the old Shell bulk plant on Foothill Boulevard be replaced with a red zone. We so recommend. 72 -7 -7T. The Playhouse Nursery School on Palm Street has requested a loading zone consisting of two parking spaces in order to facilitate loading and unloading of youngsters.at the school. We feel that this is a reasonable request and recommend approval. On motion of Councilman Blake, seconded by Councilman Graham, RESOLUTION NO. 2344, a resolution rescinding a red zone on Johnson Avenue and a loading zone on Foothill Boulevard and establishing loading zones on Madonna Road, on Palm Street and a red zone on Foothill Boulevard. Passed and adopted on the following roll call vote: AYES: Councilmen Blake, Graham, Gurnee and Mayor Schwartz NOES: None ABSENT: Councilman Brown 72 -7 -8T. Negative recommendations: (a) Recommend against four -way stop at Madonna Road and Oceanaire since traffic signals will be installed shortly and since such an installation would create a potentially dangerous accident situation. City Council Minutes July 3, 1972 Page 14 (b) Recommend denial of request from seven residents on M.ission Street for "park" warning sign. This is a short block protected by stop signs at both ends and we feel that such signs are not necessary. The recommendations were accepted by the City Council. 17. The City Council received a communication from the Chief Building Inspector requesting the Council to oppose SB 374 relating to liability of public entities issuing building permits. On motion of Councilman Blake, seconded by Councilman Graham, RESOLUTION NO. 2345, a resolution of the Council of the City of San Luis Obispo urging defeat of SB 874 which makes public entities liable for injuries resulting from building code violations, was introduced. Passed and adopted on the following roll call vote: AYES: Councilmen Blake, Graham, Gurnee, and Mayor Schwartz NOES: None ABSENT: None 18. Councilman Gurnee outlined the advantages of adopting a building construction tax within the City instead of the utility tax as the utility tax would be paid by existing citizens in the City and not by the developers. He felt that under the construction tax, the developer would be paying the fee which would be.passed on to the property owners who would require the extra services. He suggested considering the construction tax at the same public hearing as the utility tax on July 24. The City Clerk was requested to advertise the construction tax for consideration on July 24, 1972. 19. The City Council discussed resolutions to be considered at the League of California Cities, Channel Counties Division, annual meeting. On motion of Councilman Gurnee, seconded by Councilman Graham, that the City Council go on record supporting the Coastal Area Initiative to be on the ballot in November 1972. Motion carried with Councilman Blake voting no. 20. A communication from the City of Westminster regarding simpli- fication of the judicial process was received and filed. 21. The City Council adjourned to executive session. 22. On motion of Counc lman Blake, seconded by Councilman Graham, the meeting adjourned to 12:00 Noon, July 6, 1972 to discuss Legisla -five Bulletins. APPROVED: August 7, 1972 J rFJ0MTTRICK, CITY CLERK 1 Y' s' �r. 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