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HomeMy WebLinkAbout01/15/1973MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA JANUARY 15, 1973 - 3:30 p.m. City Hall Roll Call Present: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz City Staff Present: J. H. Fitzpatrick, City Clerk; R. D. Miller, Administrative Officer; R. A. Paul, Water Department Director; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief; A. J. Shaw, Jr., City Attorney; R. Young, Planning Director Mayor Schwartz reviewed the problem before the Council which was basically whether developers should comply with existing City regulations dealing with adequacy of supply of water for domestic purposes and with fire flow requirements. He�then reviewed the provisions of the various sections of the City ordinances dealing with both adequate.supply and fire flows. He concluded that the problem was due to zoning changes authorized by the Planning Commission and the City Council which allowed higher uses and densities within certain areas of the City without increases in utilities which the Council was now attempting to upgrade. The question before the Council was who should pay for improving the water service for these higher uses caused by zoning. Should it be the individual developer or the City taxpayer and water user who pays? He also felt that perhaps the City Council should review the existing regulations 1 for water and fire development and see if the conditions established were too high a standard for compliance. R. A. Paul, Water Department Director, replied that most of the areas presently deficient in water and fire flows were those areas now zoned to higher density uses, but he also felt that many of the areas had insufficient supply for single family uses as originally designed. He stated that, although both an adequate supply and a reliable distribution system were important for providing fire protection, providing adequate flows was the most important consideration. Martin Polin appealed the decision to install a fire hydrant to serve his office complex on Johnson Avenue. He felt someone else should pay to install the fire hydrant, and the City should pay the bill, not the developer, as other property owners who had not paid for the hydrant would be using it in case of fire. He felt they should also pay for this service. Also, he was sure the City could install the hydrant cheaper than a private contractor. L. Schlobohm,,Fire Chief, stated that the City standard for distance between hydrants was no farther than 300 feet, and preferably less than 250 feet apart, which was the same standard recommended by the fire underwriters. D. Wheeler, Developer, appealed the recommendation that he install a ' fire hydrant and improve the water system as a prerequisite to developing a triplex. He did not think that the developer should be required to pay for these improvements, but the taxpayers or water users should pay to upgrade the system, as the entire neighborhood would receive the benefits. Vic Mori:, Developer, appealed the recommendation for the extension of a six -inch water line beyond his development in order to supply water for his proposed 24 -unit apartment complex in the 2800 block of Augusta Street. He too felt that it was wrong to require one developer to pay for extension of water services when an entire area would benefit. He stated that he felt the City was blackmailing him to put in the water improvements before he could develop his property. City Council Minutes January 15, 1973 Page 2 Chief Schlobohm, upon questioning, explained the pumping operation performed by fire trucks at a fire when connected to a hydrant. He stated that if the hydrant had inadequate supply and flow, they could not add to the supply by pumping. R. A. Paul explained again in detail the fire flow tests performed by his department in cooperation with the Fire Department on Augusta ' to attempt to arrive at the requirements for the Mori development. Vic Mori asked the City Council that he be relieved of the necessity of improving fire flows and services to his property and that the general City taxpayers or water users be required to upgrade the water system in the City. L. Blazer stated that he would like the same conditions as were finally agreed upon for Mori as he was planning to build a 16 -unit complex for the Housing Authority across Augusta Street and he hoped that he would be given consideration. Roger Brown asked that the City Council allow him to loop through a private easement from Scott Court to Carla Court to comply with the looped system requirements. He asked the City Council that he not be required to extend the 12 -inch main beyond the tract boundaries to Southwood Drive. J. Kuden, Realtor, appeared on behalf of the Lucas family asking that the owners be relieved of the necessity of improving the water system of their property as they had given the City over 32,000 square feet of property for street purposes. Ruth Wirshup felt that the problem was that the City had zoned properties to higher densities without realizing or taking into consideration the ' effects rezoning would have on the utilities. She further felt that the City had not properly taken care of the water system in view of the future growth of the City. Councilman Gurnee _felt that the City Council had already decided that the water requirements were needed and should be supported, but that possibly visiting the full cost of improvements on a single developer did not seem equitable. He felt that the developer who reaps the rewards of upgrading through rezoning should pay for the improvements. He felt that the developer should pay the full cost for new development but that in impacted areas the City taxpayers should pay a large portion of the cost of reliability in fire flows, and the developer should pay full cost to serve his lot both in area and frontage.. He felt his proposal would cost the taxpayers a great sum of money to upgrade the water in areas deficient in water reliability and fire flows. He suggested the following action on each appeal: 1) Wheeler: The appeal was just and he felt that the City should not force Wheeler to extend water beyond the limits of his property. He should pay his frontage on a pro rata basis with the City to pay the balance of the upgrading or- the Council should not allow the development. 2) Mori: Same recommendation as Wheeler (above). 3) Roger Brown: He had no objection to private easement, but agreed with no extension over adjacent property to Southwood. 4) Martin Polin: He felt that the City should pay a portion of the hydrant installation cost. Councilman Blake agreed with Councilman Gurnee's suggestion for co- operative upgrading of water mains. He felt that the City should have taken utilities into consideration when upgrading properties within the City. He felt that the City should pay a portion of the cost of upgrading, and in many cases possibly the major share. City Council Minutes January 15, 1973 Page 3 Councilman Brown stated that in general th.e City rezoned property in order to upgrade declining areas and that no guarantee of water supply or adequacy of the system was implied. He felt that one approach in the older areas of the City would be a determination of a zone of benefit and that each developer would only pay their pro rata share of the area. He also felt that zone of benefit should be applied to fire hydrants with the City to install them and the property owners to pay their pro rata share. He felt that the City staff should determine or delineate the zones of benefit and that a separate accounting be kept on each zone as developers contribute to the costs. Councilman Graham felt that City ordinances as adopted placed the burden of reliability and fire flows on the developer and he felt these should be paid by the City and that this might be a good use of revenue sharing money. Mayor Schwartz warned the City Council that if they expected to pay for all these improvements required by new development, that the City Water Department could go broke. He felt it was wrong for City taxpayers to pay for water development throughout the City. He did not feel that the City standards were excessive and that they were logical for City development. He stated that the developers had other options open to development of their property other than expecting the City taxpayers to pay a portion of the private developer's costs. He agreed that a program such as the one suggested by Councilman Brown would be acceptable but would take a long time to implement. He again stated that he did not feel the City ordinances and conditions were excessive and they should be complied with. He concluded that if the City did not follow the ordinance requirements and conti.nued granting exceptions to developers, he felt City funds would be spent throughout the City without any control on private development and would further dilute City funds in future budgets. Mayor Schwartz suggested that the City Council take action on the Roger Brown request which was not common to the other appeals. Councilman Brown felt the City should establish a zone of benefit in this area and that Roger Brown should pay his share with the City to put in the line, acquire the easement and then try to get a portion of the cost from future developers within the zone of benefit. Councilman Graham would accept the looped system in the tract without the extension to Southwood. Councilman Gurnee agreed with Councilman Brown's comments for a zone of benefit if the improvements installed benefited a larger area than the property being developed. He felt that the extension to Southwood Drive should be put in by the City. Councilman Blake also agreed that the City should put in the extension to Southwood Drive at the expense of the taxpayers including the acquisition of an easement if necessary. A. J. Shaw, Jr., City Attorney, upon questioning, explained the Council's responsibility involved in reliability and fire flows. R. A. Paul, upon questioning, again explained the ramifications of the ' exceptions granted by the City Council to the Kamm and Volny development. On motion of Councilman Gurnee, seconded by Councilman Graham, that Roger Brown be authorized to loop the water line from Scott Court to Carla Court in a private easement, stub out at 12 -inch main to the easterly limits of the tract without extension to Southwood Drive. Motion carried unanimously. On motion of Councilman Brown, seconded by Councilman Blake, that the appeals of Mori, Wheeler, Polin, Lucas be continued and that the staff be asked to work out a formula for participation for the City with developers in water extensions and bettermentin various zones of benefit. City Council Minutes January 15, 1973 Page 4 A. J. Shaw, Jr., City Attorney, told the City Council that before voting on the motion they should ask the appellants if they concurred in the continuation of their appeals. Mayor Schwartz asked each appellant if he agreed with continuation. Vic Mori did not want a continuation as he was tired of coming to San Luis Obispo from Santa Barbara and taking part in constant dialogue with the City Council and staff with no apparent decision. A. J. Shaw, Jr. -, City Attorney, stated that in this case the City should deny the appeal of Mori. D. Wheeler agreed to continuation, as did Martin Polin and the Lucas family. Vic Mori decided to go along with the continuation rather than take a flat denial. The motion carried unanimously. Mayor Schwartz asked the staff to prepare a report by the February 5, 1973 meeting. The meeting adjourned on motion of Councilman Brown, seconded by Councilman Blake, at 6:10 p.m. APPROVED: �TZPATR ICK, CITY CLERK 1 1 1 Pledqe Roll Call Present City Staff MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA JANUARY 15, 1973 - 7:00 P. M. City Hall Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz Present: J. H. Fitzpatrick, City Clerk; R. D. Miller, Administrative Officer; W. Flory, Director of Parks and Recreation; D. Englert, Police Captain; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief; A. J. Shaw, Jr., City Attorney; R. Young, Planning Director CC =1 The City Council approved payment of claims against the City subject to approval by the Administrative Officer. CC =2 The City Council approved the following salary step increases effective February I, 1973: Richard Reitz - Police Officer From Step 4 or $910 to Step 5 or $960 Richard C. Colombo - Groundskeeper From Step I or $586 to Step 2 or $618 Susan A. McMeans - Typist Clerk 11 From Step'l or $480 to Step 2 or $508 Edward R. Martin - Police Officer From Step 3 or $862 to Step 4 or $910 Anthony R. Oliveira - Maintenance Man II From Step I or $602 to Step 2 or $636 John P. Quirk - Assistant Director of the Water Department From Step 3 or $1,072 to Step 4 or $1,130 James Ritterbush - Fireman From Step 3 or $816 to Step 4 or $862 Terry N. Young - Police Officer From Step 4 or $936 to Step 5 or $988 C -3 The City Council received the inventory of the City Library as of December 31, 1972, as prepared by Miss Clark. C -4 On motion of Councilman Brown, seconded by Councilman Graham, the following resolution was introduced: RESOLUTION NO. 2452, a resolution making adjustments in the 1972 -73 budget to accomplish consolidation of the City Library System with the County. Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None City Council Minutes January 15, 1973 Page 2 CC =S The Council received a communication from the Library Board urging the City Council to maintain priority of the Library in the Capital Improvement Program and requesting that the Council consider devoting revenue sharing funds to a library building project. The matter was held over for discussion during budget study sessions. C -6 The Council received a communication from F. L. Dirkes regarding the City's use of revenue sharing funds and urging that they develop a plan which would complete one project at a time rather than dividing the funds among many projects. The matter was continued for discussion during budget study sessions. C_E A communication from the San Luis Obispo Youth Svmphony requesting Council support of their program was referred to the Pro- motional Coordinating Committee. C -7 A communication from the San Luis Obispo Art Association requesting funds to provide an employee to keep the Art Center open for longer hours during tourist season was referred to the Promotional Coordinating Committee. C -9 The Council received a communication from Mr. and Mrs. C. N. Belcher regarding possible City purchase of the triangle at Johnson Avenue and San Luis Drive for development as a minipark to eliminate the visibility problem created by the existing building. The matter was referred to the City Engineer and the Planning Department for report. C -10 The City Council received and filed the Design Review Board minutes of December 12, 1972. C -II Communication from Chester Jost requesting an encroachment permit for his building and sign on Broad Street as he is currently negotiating with the State for widening of Broad Street, was referred to the Planning Commission for recommendation. C -12 The Council asked the City Clerk and Director of the Water Department to report on the feasibility of a suggestion by Mrs. Donald Switzer regarding obtaining or discontinuing water service via telephone as with all other utilities. C -13 The City Council referred a letter from the Civic and Fine Arts Association regarding development of a multi - purpose community center for cultural activities to the Parks and Recreation Commission and Promotional Coordinating Committee with a recommendation that a joint study committee be formed at a future date. R. D. Miller, Administrative Officer, objected to the proposed use of revenue sharing funds for this purpose since the start of a reserve for a civic auditorium was 44 on last year's list and revenue sharing moneys were supposed to be used for high priority items. 1 1 1 City Council Minutes January 15, 1973 Page 3 C -14 The City Council approved the recommendation of the Promotional Coordinating Committee that $263.60 be granted to ECOSLO to defray the costs of preparing and promoting the Bikeways Plan for the City of San Luis Obispo. C -15 The recommendation from the Promotional Coordinating Committee to extend the promotional coordinator contract for one year was referred to executive session. C -16 The City Council considered a request from San Luis Obispo Peace Coalition that they adopt a resolution supporting efforts on behalf of the American Friends Service to purchase civilian medical equipment for the people of Viet Nam. Councilman Brown felt the request of the Peace Coalition was not in order as he did not feel it was a proper consideration for the City Council as they had not really acted to find out what the majority of the people in San Luis Obispo felt regarding this proposed resolution. He was opposed as he felt it was a criticism of the national war effort. On motion of Councilman. Brown, seconded by Councilman Blake, that the resolution be returned to the Peace Coalition as the majority of the citizens of San Luis Obispo did not agree with the provisions of the resolution and it is a criticism of the national governmental war effort and finally, it is not a proper item for Council consideration. Motion lost on the following roll call vote: AYES: Councilmen Blake and Brown NOES: Councilmen Graham, Gurnee and Mayor Schwartz ABSENT: None On motion of Councilman Gurnee, seconded by Councilman Graham, that the City Council endorse the resolution supporting the Peace Coalition's efforts to purchase civilian medical equipment. Motion lost on the following roll call vote: AYES: Councilmen Gurnee and Graham NOES: Councilmen Blake, Brown and Mayor Schwartz ABSENT: None On motion of Mayor Schwartz, seconded by Councilman Blake, that the City Council take no action on the Peace Coalition request as it was an improper consideration for the City Council. Motion carried with Councilmen Graham and Gurnee voting "No." C -17 Liability claims against the City: A. Richard M. Breska and Jon J. Jannotta for damage to real property which occurred during the grading and filling of the French Hospital site. Claim denied and referred to the City's insurance carrier. City Council Minutes January 15, 1973 Page 4 B. Jeff Cumminqs for damage to his bicycle which occurred at the Foothill widening project site. Claim denied as contract was issued by the State. On motion of Councilman Brown, seconded by Councilman Graham, the 1 consent items were approved as indicated. Motion carried. I. Report on the General Plan. R. Young, Planning Director, presented the recommendation from the Planning Commission on their action following the City Council's adoption of the General Plan as follows: I. Deletion of Highway I alternate from Plan. 2. Amend goals of text to provide that before development is approved for land proposed for urban development north and east of the airport, a determination shall be made that such development .wi11 not adversely affect the airport and /or the airport will have no adverse effect upon the proposed development. On motion of Councilman Blake, seconded by Councilman Brown, the following resolution was introduced: RESOLUTION NO. 2411, a resolution of the Council of the City of San Luis Obispo adopting a new General Plan for the City of San Luis Obispo. Passed and adopted on the following roll call vote: All AYES. The City Clerk was instructed to send copies of this resolution to the Board of Supervisors and County Planning Commission for inclusion in the County General Plan. 2. At this time the City Council considered the.final passage of ORDINANCE NO. 572, an ordinance of the City of San Luis Obispo amending the Municipal Code to prohibit the placement of mail boxes or other receptacles within the sidewalk areas of residential zones. Mavor Schwartz declared the public hearing open. No one.appeared to comment. Mayor Schwartz declared the public hearing closed. On motion of Councilman Gurnee, seconded by Councilman Graham, the following ordinance was introduced for final passage: ORDINANCE NO. 5721 an ordinance of the City of San Luis Obispo amending the Municipal Code to prohibit the placement of mail boxes or other receptacles within the sidewalk areas of residential zones. Finally passed on the following roll call vote: All "AYES." 3. Discussion of ECOSLO request for electrical service to the recycling center site. City Council Minutes January .15, 1 0,73 Page 5 D. F. Romero., City Engineer, reported on his meeting with the Fire Chief and representatives of ECOSLO in an attempt to .work.. out modifications to the ECOSLO operation. ' After discussion, it was agreed that the recycling center would continue in the same general-area and.that a recess could be constructed with an entrance gate off the entry road into the sewer plant. This would allow deposit of materials within the center during the hours they were not open and would not interfere with normal traffic. Another suggestion was that ECOSLO fence the recycling center area with lath inserted in the chain link fence. All agreed this was a good idea.but it could not be financed by ECOSLO. Chief Schlobohm stated his department had hoped the entire fire. training center site would be returned to the Fire Department in the near future pending construction of the training equipment which was needed by his department. He was agreeable to having the recycling center stay there until the funds had been allocated for construction of the training site. Burt Townsend, Chairman of ECOSLO, reviewed the activities at the recycling center over the past year and listed the benefits to the City and its citizens. He stated the reason ECOSLO was-asking for electrical service was to operate the bailer for paper. They-asked that the City Council waive the $7 fee for a City permit in view of the fact that ECOSLO would pay for the electrical extension to the center of the area. He also asked that the agreement be amended to allow the processing of paper at the center. 1 Mayor Schwartz congratulated ECOSLO for the fineJob being done by volunteers.who gave their free time to supply the necessary services to salvage materials.. He hoped ECOSLO would continue their-operation and were looking for a new location in anticipation of the time the . site would be needed by the Fire Department as a training site. On motion of.Councilman Gurnee, seconded by Mayor Schwartz, that the City Council approve the power pole location and waive the electrical permit fee, that the City support a plan' to provide redwood lath to place in the chain link fence with ECOSLO to provide the labor, and that the City amend the agreement to include recycling paper; also, if ECOSLO felt the setback in the fence would be desirable, it would be done at City expense. Chief Schlobohm felt the.slats in the fence wou.ld be a benefit to the Fire Department when they began using the site as their training center. He also felt the setback at the gate would benefit the Fire Department. The motion carried unanimously. 1 4. The City Council received a communication from the Mass Transportation Committee stating that during their deliberations, the MTC had determined there was an immediate need for some sort of transportation for the elderly, the poor and for those too young to drive or unable to drive. They felt some sort of transportation system should.be initiated for this portion of the population. Accordingly, the Committee requested that the City Council investigate and implement a "Dial -A -Bus" system in the immediate future on a trial basis. The Committee concluded that this program might not continue if a mass transportation system was finally developed for the community at some future date. City Council Minutes January 15, 1973 Page 6 Ken Silva, Vice Chairman of the MTC, presented some of the considerations made by the committee in arriving at their recommendation regarding "Dial -A- Bus." R. D. Miller, Administrative Officer, suggested that possibly, the City or the committee should contact the local cab service and see if they would be wi11ing:to cooperate with some type of low rate "Dial -A -Bus" system. Steve Petterson, Transportation Committee member, spoke in favor of the City investigating a "Dial -A- Bus "system. The City Council asked the Mass Transportation Committee to look further into the "Dial- A- Bus''system so a more concrete recommendation could be made and further they they look into a cooperative arrangement with the cab company. The minutes of the January 3, and 5, meetings of the MTC were received and filed. 5. At this time, the City Council -held a public hearing on the abatement of the Ryan Advertising sign.at .1603 Monterey, as it was a public nuisance. Mayor Schwartz declared the public hearing open. A. J. Shaw, City Attorney, stated the purpose of the hearing was in accordance with Resolution No. 2-7190, a resolution of the Council of the City of San Luis Obispo finding that a public nuisance may exist upon the premises at 1603 Monterey Street and ordering a public hearing concerning same and the abatement thereof. He.then submitted evidence in the form of copies of Ordinance No. 564 and Resolution No. 2390. Gary Ricks, attorney for Ryan Sign Company, objected to the entire proceedings as he felt Ordinance No. 564 was just adopted in order to harass the Ryan Sign Company. He further felt that the City Council was not an impartial board and urged that the City Council pass the matter on to a court of competent authority so that a fair hearing could be held. He concluded that neither he nor anyone from the Ryan Sign Company would take part in the hearing. (See transcript) 6. 1 At this time.the City Council held a public hearing on the recommend- ation of the Traffic Committee to eliminate parking on Chorro Street between Palm and Marsh Streets. D. F. Romero, City Engineer, presented the recommendation of the Traffic Committee, of a consulting engineering firm, Lampman and Associates, and of his department, that parking should be eliminated on Chorro Street between Marsh and Higuera and on the west side of Chorro between Higuera and Monterey, on the east side.of Chorro between Monterey and Palm Street. He concluded that of all the traffic congestion in San Luis Obispo, these three, blocks were the worst and have caused the most trouble. Mayor Schwartz declared the public hearing open. J I City Council Minutes January 15, 1973 Page 7 R. A. Silva, President of the Downtown Association, urged that the City Council not remove parking meters as proposed from Chorro Street. The downtown merchants felt it would not.only inconvenience their customers but would cause a hardship for the businesses.in the downtown area. He felt this was being suggested to provide parkino for delivery trucks. He recommended that the City Council adopt regulations that all trucks make deliveries in the downtown area before 11:00 A. M. He presented a petition signed by 136 persons opposed to the elimination of parking on Chorro Street. Merle Carpenter,.Hill's Stationery Store, submitted a report to the City Council'urging that they not remove parking from Chorro Street as he felt that it was detrimental to retail business in the downtown area. He stated that some expert had. reported that each parking space in the downtown area provided $25,000 in annual business and that the elimination of parking spaces as recommended would cause approximately 3!4 million dollars in lost revenue to the merchants in the downtown area. Fred Abraham, 1341 Chorro, objected to the proposal by the City to elimi.nate.parking on Chorro as he felt it was necessary for his business. Fred Johnson, Johnson's Children's Store, agreed with the proposal to eliminate the parking as he felt getting through traffic out of the downtown area was.more advantageous than-keeping parking. He recommended that all parking be taken off Chorro from Marsh to.Palm as traffic congestion was more detrimental than lack of parking. G. Goff, 964 Chorro, objected to the City's proposal to take parking off Chor,ro. R. Dunin, Motel -Hotel Association, urged that the parking be left in front.of the.Chamber.of Commerce office so that visitors could stop to get information regarding the City. Ann Lovatelli, Leisure Arts, objected to removal of parking on Chorro as she was sure it would hurt her business. Mayor Schwartc declared the public hearing closed. R. D. Miller, City Administrator, stated the City Council had tried over the years to control parking and double parking by trucks delivering but had been unsuccessful as the truckers did not know when they would arrive in San Luis Obispo and if a time limit were imposed, some deliveries could not be made. Councilman Brown felt that an attempt to eliminate congestion warranted ' the elimination of parking and that he would support the Traffic Committee recommendation. Councilman Graham was opposed to the elimination of parking on Chorro Street as.he felt those spaces were needed for customer parking. He felt there were other steps to be taken to eliminate congestion in other areas that should be considered first. He opposed any suggestion to eliminate parking. 0 City. Council Minutes January 15, 1973 Page 8 Councilman Gurnee agreed with Councilman Graham and was opposed to the elimination of parking on. Chorro Street unless the City presented alternatives for parking and truces; loading. He-felt the City should study traffic and Darking in the entire central business district and not just a dne or two block area. Councilman Blake felt something should be done to eliminate congestion , on Chorro Street, Also, something should be done to control trucks loading and unloading in the downtown area. He stated he would support the proposal to eliminate parking on Chorro and also he was in favor of putting parking lot No. 4 on a two -hour basis rather than all day parking. Mavor Schwartz felt the 'Droposa.l before the City Council would only solve.a small part of the over -all traffic and parking problems in the downtown area. He felt an in -depth study should be made to serve the downtown area. He would not support the proposal of the Traffic Committee until additional studies had been made of the downtown area and also the preparation of a central business district study had been completed. He. favored deferring the. decision until the above studies had been made. He did favor an 11:00 A. M. cut -off on double parking for trucks and also two -hour parking in Lot No. 4. On motion of Councilman Gurnee, seconded by Councilman Graham, that the . City Council reject the recommendation of the Traffic Committee to eliminate the parking on Chorro Street. Motion carried with Councilman Brown voting "No." 7. At this time the City Council held a public hearing on the recommend- ation of the Traffic Committee to place 30 feet of red curbing on Johnson Avenue on the west side just north of Ella Street. D. F. Romero, City Engineer, explained the proposal of theTraffic Committee. Mayor Schwartz declared the public hearing open. Torn Hart, 1985 Johnson Avenue, objected to the proposal to eliminate parking in front of his residence on Johnson Avenue as he felt it was unfair to red zone his property when the adjacent neighbors could still have curb side parking. He felt that if danger existed, it existed in front of the adjacent properties as well as his. Mavor Schwartz declared the public.hearing closed. Councilman Gurnee felt the Traffic Committee had studied the matter carefully and felt the recommendation would make right turns on to Ella much safer. Councilman Blake stated he agreed with the comments of Councilman Gurnee. Councilman Brown stated he would support the recommendation as he favored traffic safety. Councilman Graham opposed the recommendation as he felt there was too much red curbing and red paint already. City Council Minutes January.15, 1973 Page 9 Mayor Schwartz supported the Traffic Committee's recommendation. On motion of Councilman Gurnee, seconded by Councilman Brown, the following resolution was introduced: RESOLUTION 2451, a resolution establishing a red zone on the west side of Johnson Avenue near Ella Street. This was passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, T. Keith Gurnee, Kenneth E. Schwartz NOES: Myron Graham ABSENT: None 8. At this time the City Council held a public hearing to consider the recommendation of the Traffic Committee to establish bicycle lanes on Foothill Boulevard from Ferrini Road to Cal Poly via Crandall Way. D. F. Romero, City Engineer, presented a communication from the State Division of Highways denying the City's request to stripe Foothill Boulevard for bike lanes on the basis of traffic safety and a desire to separate bicycle travel from motor vehicles. The reduction of traffic lane width as proposed by the City would be counter to the objectives of traffic safety. Mayor Schwartz declared the public hearing open. D. F. Romero presented a map showing how the bike paths would be effected ' on Foothill Boulevard from Ferrini Road to Crandall Way. He stated that under the Traffic Committee's proposal, all on- street parking on Foothill Boulevard would be eliminated and a five-foot bike lane would be placed in this area. Councilman Blake suggested that in order to reduce conflicts at intersections between bikes and cars, that the motor vehicle stop bar be placed further back from the intersection than the bike stop bar so the bicycles would be more visible to the driver. Dr. Mullin, 720 Foothill, was opposed to eliminating parking in front of his office as he had insufficient off - street parking for his patients. D. S. Anderson, 748 Foothill, also opposed the loss of parking in front of his office which he felt would hurt his business. Burt Holley, bike rider, agreed with the proposal to installbike paths on Foothill Boulevard. John Williamson, ECOSLO Bikeways Planning Committee, agreed with the proposal as he felt installation of thebike lanes in the City might encourage more bike riders and less automobile traffic. He also agreed with Councilman Blake's suggestion to move the stop bars at the . intersections. Don Lowe, 1334 Palm Street, supported the bike lanes. Sharon Korsemever, Higuera Street, supported the bike lane proposal. City Council Minutes January 15, 1973 Page 10 William Foree, Foothill Blvd., opposed the bike lanes on Foothill as he felt space was needed for parking for the apartment houses. Tom Lauderbach, ECOSLO, supported the proposal to establ Foothill Blvd. and hoped they would do the same on other Luis Obispo. He listed good experiences with bike lanes City of Davis. the south.side.of. tenants of the ish bike paths on streets in San and paths in the Dr. Richard Kresia spoke in support of establishing bike lanes on Foothill in order to separate bikes and cars and eliminate conflicts in the interest of safety. As a Foothill bike rider for the past five years, he listed various ha. 7ards existing on the street for the bicyclist. Larry Souza, San Luis Obispo Bike Club, supported bicycle lanes on the City streets. He felt they would make for safer use of the streets by both bikes and cars. P.av Anderson, Tropicana Student Housing,.urged the Council to proceed with a plan to install bike paths on all major streets in the City, and he hoped that the City would proceed with Foothill Blvd, which was used heavily by cyclists. Ken Bruce, Cal Poly AS[ representative, read a resolution urging the City. Council to install bike lanes on Foothill Blvd. and throughout the City as soon as possible. Jim'Philbin objected to bicyclists not'complying with the State Motor ' Vehicle Code such as no lights at night, and not complying with other traffic regulations. He did not feel that the property owners west of Chorro on Foothill Blvd. should have their parking restricted, as this would hurt business. He felt parking should be prohibited on Foothill east of Chorro due to the narrowness of the street and the heavy traffic. He did not feel that bike paths were the answer to congestion on Foothill. The City Clerk presented a communication from Ron Werner supporting the bike lanes. Ken Hagarty, Pismo Street, wished to see bike lanes installed throughout the City, and stated he would be willing to have his taxes increased to pay for them. Mavor Schwartz declared the public hearing closed. A. J. Shaw, Jr., City Attorney, read various state laws dealing with City installation of bike lanes and paths. Councilman Gurnee supported the' bike paths or lanes to separate bikes and cars for safety's sake. He supported bike paths on Foothill Blvd. Councilman Blake felt bike lanes should be placed on Foothill Blvd.from Santa Rosa to the Cal Poly campus with no parking on Foothill between Santa Rosa and Chorro, but he did not feel the bike lanes needed to be continued beyond the Chorro Street intersection. City Council Minutes January 15, 1973 Page II Councilman Brown agreed with bike lanes and paths between Santa Rosa and Chorro without painting the bike paths in this block. Councilman Graham was in support of bike paths from Santa Rosa to Crandall Way entrance of the University and would support the no parking rule for Foothill Blvd. from Santa Rosa Street to Chorro, but would allow on- street parking from Chorro west. Mayor Schwartz supported the proposal to install bike lanes from Santa Rosa to Crandall Way on Foothill Blvd. and nothing else until the Planning Commission held hearings on a comprehensive bikeway plan for the City and had adopted it as the City plan. At that time, bike paths could be painted on Foothill from Santa Rosa to Chorro and farther if needed. On motion of Mayor Schwartz, seconded by Councilman Blake, the following resolution was introduced. RESOLUTION NO. 2450 (1973 Series), a resolu- tion establishing bike lanes on Foothill Blvd. and Crandall Way, and red zones on Foothill Blvd. and Crandall Way. Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, T. Keith Gurnee, Kenneth E. Schwartz NOES: Myron Graham ABSENT: None 9. At this time the City Council held a public hearing on the amendment to the City's Plumbing Code Section of the Municipal Code to conform to HUD requirements for recertification of the Workable Program. Mayor Schwartz declared the public hearing open. No one appeared to comment. Mayor Schwartz declared the public hearing closed. On motion of Councilman Gurnee, seconded by Councilman Brown, the following ordinance was introduced and passed to print: ORDINANCE NO. 574, an ordinance of the City of San Luis Obispo amending San Luis Obispo Municipal Code Section 8160, "Amendments, Uniform Plumbing Code," to provide installation standards for bituminous fiber pipe. Passed to print on the following roll call vote: AYES: John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: Emmons Blake ABSENT: None 10. The City Council considered the protest of Colombo Construction COmpany regarding a requirement by the City Engineer that they place a one -inch blanket coat on Leff Street where the new Housing Authority units were constructed and where they had been allowed to locate their equipment yard. City Council Minutes January 15, 1973 Page 12 City Engineer Romero stated that on February 23, 1972 he informed the contractor that as a condition of closing the street, he was responsible for seeing that, "the street is returned to a condition at least as good as now exists, upon completion of the project." In Mr. Romero's opinion, patches and scars in the street are obvious evidence that the street is not as good as existed prior to the work. Therefore, ; he had requested that the contractor place a one -inch W') blanket over that portion of the street which had been used as a construction area. Mr. Frazier, superintendent for Colombo Construction Company, stated it was his firm's position that the street had been placed back in the same or better condition than when his company moved in for their work. He stated that his employer had taken pictures both still and moving of the street before and after which would bear out their contention. He felt the street was now in better condition than before it was before their construction work. He asked the City Council to relieve his company from this annoying condition of the City Engineer. Councilman Blake felt the street was now in worse condition than before Colombo Construction started working. He felt that the City Engineer's recommendation to place a one -inch blanket was fair and equitable and should be complied with. He felt the City should never have allowed the construction company to use the site as an on -site corporation yard. Councilman Graham felt that with all the patching done on this street during construction that the least that should be done was to put on the seal coat but he did not feel the street was any worse than before. Councilman Brown accepted the City Engineer's recommendation due to his knowledge of the original condition of the street. Mr. Frazier offered to bring in photos to show the City Council the before and after of the street. Mayor Schwartz stated he would still have the right to bring in the photos for the Council's information after their action at this meeting. On motion of Councilman Gurnee, seconded by Councilman Graham, that the appeal of Colombo Construction Company be denied, that a blanket coat be placed on the street, with the City asking that final payment be withheld by the Housing Authority until this work was done. Motion carried. II. R. D. Miller, Administrative Officer, announced the appointment of Alan D. Mathews as Police Officer at Step I or $774 per month effective January 16, 1973, subject to one year's probation. 12._ The League of California Cities Bulletin on City Selection Committees was ordered received and filed. 13. A financial report by ECOSLO for calendar year 1972 was ordered received and filed. City Council Minutes • January 15, 1973 Page 13 14. On motion of Councilman Blake, seconded by Councilman Gurnee, Change Order No. I for the Meadow Park Phase II contract to construct and pour concrete vault for the purpose of placing a vacuum breaker and pump underground, was approved subject to increase of $737.00. 15. On motion of Councilman Blake, seconded by Councilman Graham, another change order on the Foothill Blvd.- University Square Widening was approved in the amount of $6,500.00, for removal of further unstable base. 16. On motion of Councilman Gurnee, seconded by Councilman Blake, the City Engineer was authorized to spend $490.00 for up -date aerial photo maps. 17. A. J. Shaw, Jr., City Attorney, presented a fully executed agreement with the Southern Pacific Transportation Company for beautifi- cation of the railroad right -of -way on either side of Monterey Street. 12. The Council adjourned to executive session. 19. On motion of Councilman Graham, seconded by Councilman Blake the meeting adjourned. APPROVED an PATRICK, CITY CLERK 1 1 C