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02/04/19741 1 Pledge Roll Call City Staff MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA Monday, February 4, 1974 - 7:00 P.M. City Hall PRESENT: Councilmen Brown, Graham, Gurnee and Norris, and Mayor Schwartz ABSENT: None PRESENT: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administra- tive Officer; D. Williamson, Assistant Administrative Officer; R.A. Paul, Water Dept. Director; E. Rodger, Police Chief; City Engineer Romero; Fire Chief Schlobohm; A.J. Shaw, City Attorney; W.F.lory, Director Parks E Recreation; Pat Gerety, Planning Dept. 1. At this time, the City Council considered the adoption of proposed Ordinance No. 604 prohibiting issuance of various development related permits prior to departmental certification that City facilities can accommodate additional use and providing for review and correction of deficiencies. This matter was continued from the meeting of January 21, 1974. A.J. Shaw, City Attorney, stated that upon more study and since most permits or other entitlements for construction or development in the City are issued by the City under ordinance provisions he felt that any policy superseding such ordinances should be adopted by ordinance. Therefore, rather than continue consideration of the resolution, he had prepared and drafted the proposed ordinance which incorporated the provisions of the resolution as proposed. He continued that in the proposed ordinance he had been more specific in the area of defining responsibilities of each department head and further had added additional exemptions to section 6 of the proposal. He concluded that he believed that the ordinance as written would establish a reasonable approach for the City in correcting obvious problem areas and stated that the City Council might add or delete sections without materially affecting its legality. He then reviewed the proposed ordinance provisions which stated: 'Overburdening of City water, sewage, drainage, traffic, fire hydrant and park facilities was inimical to the public health, safety and welfare. The Council desired to implement a policy which would assure that the City would approve or authorize only those developments which would be served by adequate City facilities, therefore, it was ordained by the Council of the City of San Luis Obispo as follows: Section 1. No authorization or entitlement for new development or construction shall be approved or issued by the City prior to the filing of a written statement by each responsible City department head deter- mining that the proposed development or construction can be adequately accommodated without overloading and within the design perimeters of City facilities which already exist or which will be in existence prior to the construction or occupancy as follows: 1. Public Works Director r. i a) Sewage collection system �u City Council Minutes February 4, 1974 Page 2 b) Sewage treatment and disposal system c) Local street system to nearest point of safe access onto an arterial roadway d) Local drainage facilities under City control to I the point of drainage jurisdiction by the flood control district. 2. Water Department Director a) Water supply for both domestic and fire fighting purposes b) Water distribution system c) Water treatment plant 3. Fire Chief a) Fire hydrant facilities b) Equipment access to site 4. Director of Parks & Recreation a) Local parks b) Recreational facilities Said authorization or entitlements shall include without limitation building permits, use permits, subdivision and parcel maps, plan de- velopment, rezoning and annexations. Section 2. If any application for construction, development or other City approval is denied pursuant to the provisions of Section 1 hereof, the Planning Commission shall request a complete report from each department head who was unable to make the required determination. Said report shall include without limitation a detailed description of the inadequacy and recommendations for the correction thereof. Section 3. Upon receipt of the report the Planning Commission shall hold one or more public hearings concerning City facilities needed to provide adequate service for the proposed development or construction and the Commission shall thereafter submit a report to the Council recommending additional facilities, zoning changes, or other changes deemed necessary by the Commission to make zoning demands compatible with City facilities. Section 4. Upon receipt of the report from the Planning Commission, the Council shall at its next regular meeting consider the report and shall order such further meetings,consideration and action as the Council finds necessary to protect the public health, safety and wel- fare. Every reasonable effort shall be made to expedite the Council's findings. ' Section 5. The prohibitions herein shall not apply to 1. Construction authorized by a valid and unexpired building permit which was issued by the City on or before the date of the adoption of this ordinance. 2. Construction or alteration or additions to existing single family residences. City Council Minutes February 4, 1974 Page 3 3. Remodeling, repair or reconstruction which does not increase the occupancy load'or change the intended use of a structure.' 4. Construction of single family residences upon fuliy improved lots and subdivisions which have been approved by the City prior to the adoption of this ordinance. 5• Construction of mobile homes within.mobile home parks or portions thereof which were fully developed and improved or within which the installation of improvements and utili- ties have actually commenced prior to adoption of this resolution. 6. Construction of public works other than buildings. 7. Construction which has been specifically approved by the City within the past 12 months after compliance with the procedures set forth herein,.provided however,that the Director of Planning may extend the time limitations to 24 months if he finds a) that the project is of such magnitude that the additional time is reasonably required and b) that the applicant has proceeded with reasonable diligence." D. Williamson, Assistant Administrative Officer, explained that present City standards on drainage facilities which were to carry a 50 or 100 ' year storm where prior policy was on a 20 to 35 year storm, which meant that no one could certify that the storm drainage in the City would ever be adequate. Councilman Norris felt that Section 1, paragraph le and td, should be eliminated as impossible to administer or certify as adequate. These were the two items dealing with local street systems and the local drainage facilities. Councilman Gurnee felt that lc and 1d should be retained as they were important items to the consideration of developments. D.F. Romero, Director of Public Works, stated upon question that he could certify adequacy of local streets, however, overburdening would seldom occur near the development. He also pointed out that street capacity is far in excess of traffic volumes the residents would be willing to tolerate. He continued that, based on criteria adopted after the 1973 flood, there are very few areas where any engineer could certify that the storm drainage system would meet the criteria adopted in 1973. Councilman Norris stated that in light of the engineer's comments, he felt that the adoption.of this ordinance would-stop all building permits and development within the City. 1 Glenna Deane Dovey, President of the League of Women Voters of San Luis Obispo, stated that the League of Women Voters had stated many times that they supported legislative measures for planned orderly growth and development and for the protection of land, Water and air resources. An objective under this position was that the availability and costs of service should be considered before approval of annexation or further subdivision. The League of Women Voters also supported the organization and operation of and cooperation among a.11 entities involved in planning, development and housing. Based on this prior position by the League of Women Voters, they specifically endorsed the proposed ordinance which City Council Minutes February 4, 1974 Page 4 implemented a policy assuring that the City would approve or authorize only those developments which would be served by adequate City facilities. Since some services were provided by entities other than the City, that is the County, Special and School Di.stricts, the League of Women Voters requested that, as a complement to this ordinance, the Council consider the establishment of a policy of exchanging information with these other ' agencies. Questions of importance might concern the effect resulting from additional educational facilities required by an increased number of school children in a residential development or some potential impact on county. roads. On behalf of the League of Women Voters, she commended the Council for the action on this ordinance which would supplement the orderly planning processes for the City of San Luis Obispo. Donald Smith stated that the City needed this type of ordinance for proper development of the City and the community which would not only protect the person buying the property, but also a developer would know what to expect. Harold Field, 1704 Oceanaire Dr.; felt the ordinance was needed for proper development of the City, but he felt along this line that the City should adopt criteria or standards to measure performances by. He mentioned recognized standards of engineering, hydraulics, etc. and said they should be adopted prior to the adoption of this ordinance because without standards, he felt that the ordinance was worthless. Fred Strong, CEBES, opposed the adoption of the proposed ordinance without some method of paying for correcting the overburdened facilities. He felt this should be done by General Obligation Bonds. If not, he felt that developers and subdividers would be paying double for improvements or for extension of public facilities. Art Wilson, Secretary- Manager San Luis Obispo County Building Contractors' , Association, stated that his organization was opposed to the ordinance as suggested as it appeared to be an inverted, negative and retrogressive approach to City affairs.. He continued that whenever we had a true emergency situation in some part of'the City which required a sudden discontinuance of normal living and working, then the government had the right and the duty to declare the emergency to deal with it as quickly as possible and remove the emergency. He felt that the proposed legis- lation, in effect, declared in advance that any and all construction projects with some minor exceptions, were a danger and a threat to the public health, safety and welfare. The ordinance declared that all projects would remain in such.negative and dangerous situation until proved otherwise. He felt that this was a backward procedure and he did not feel that it should be adopted. He concluded that the attempt to limit the growth of City simply for the purpose of keeping it to a predetermined size had been found to be unconstitutional. He felt this ordinance, which considered almost every building project to be an emer- gency that must pass all sorts of subjective go or no go tests before even qualifying for normal consideration, appeared to be in-the same category as the ill -fated Petaluma Ordinance, namely, unconstitutional. Ted C. Maino,:General Contractor; stated that he was opposed to provisions of the proposed ordinance due particularly to the time involved in get- ting the permit for development. He felt that honestly, .there was no department head who could certify to the conditions as established i.n the proposed ordinance. Hal Boyle, Laborers Union, was opposed to the proposed ordinance and felt that the City staff and Council were to blame for allowing the City's physical plan to get into the sad shape that it'was in, and he felt that the City of San Luis.Obispo was in need of a real house cleaning to clean out both Council and staff. Mayor Schwartz declared the public hearing closed. City Council Minutes February 4, 1974 Page 5 Councilman Gurnee again reread paragraphs 3 and 4 of his memo dated _12/177/773 which stated that he hoped the City had learned the lesson that resources, facilities and the population they sustained must be kept in pace with each other. He stated that they must foresee problems and plan the resolution in swift and deliberate fashion well before the ' panic stage, while the people still had a choice in the future of their City, rather than have that future dictated by crises. While the City had committed themselves to a long =range advanced planning program so vital to future direction as a community, he felt that the City Council must also turn its attention to the present. Instrumental to an advance planning strategy was a cohesive package of measures and policies that must effectively operate in the now and render current problems manage- able in the future. Inaction on current policy might threaten the hoped for successes of advanced planning. He stated that he was in support of the proposed ordinance. Councilman Norris stated that-he did not feel that this ordinance was required or was necessary and if all the Council wanted was information on facilities, then this ordinance was not needed. Just have the Council develop the capital improvement program and make the necessary improve- ments as needed. As far as this ordinance was concerned, he was dis- appointed that the street system and drainage were again put in the ordinance after the City Council had determined that it would be removed. Finally, he felt the Council] should adopt standards and criteria for development of the City. This ordinance was not necessary and could be implemented in many other ways. Councilman Brown stated that he was opposed to the provisions of the proposed ordinance, felt that the City had sufficient laws in the books to control development within the City. He felt that this ordinance was too sweeping and felt the City Council needed flexibility to work with developers as they brought in the developments. He also-felt the City should adopt standards and avoid over - control by departments. Councilman Graham felt that this type of ordinance was needed by the City in order to avoid the past crisis type of development. He felt proposals would bring all knowledge on public facilities within the City and their conditions to both City officials and to the general public. He was in general support of the proposed ordinance. Mayor Schwartz reviewed sections 3, 4-and 5 of the proposed ordinance with a view to rewording for clarification of the conditions. He con- tinued he felt.this type of ordinance was needed in order that full exposure and disclosure of public facilities was made to all persons interested in developing within the City, now or in the future. Without this full disclosure, individuals would be developing without full knowledge of the facilities and their effect on the City. He felt that this ordinance was needed so that the Planning Commission and City Council could rely on hard facts from their paid staffs so that when approval of a project was made, everyone would know the status of the public facilities to serve the development. He would agree with the leaving of street system and drainage facilities at this time or until new standards and criteria were developed. Councilman-Norris moved that the staff be instructed to prepare an informational system to implement the intention of the draft ordinance. Lost for lack of a second. Councilman Norris then moved that the staff be instructed to develop standards and criteria for public circulation and information prior to approval by the City Council of the ordinance and then consider the ordinance and criteria standards at the first meeting in March. Motion lost for lack of a second. Jerry Holland., Realtor, felt that if the ordinance were passed, he would City Council Minutes February 4, 1974 Page 6 be out of business. He felt the City Council should first adopt standards and criteria before stopping development within the City. The City Council then discussed amending the ordinance. Section 1, 1c- dealing with local street system, 1d -local drainage facilities be dropped from the ordinance. Section 2 to read as follows: If any applicat.ion for construction, development or other City approval is denied, pursuant to the provisions of Section 1 hereof, the department head who is unable to make the required determina- tion shall file a report with the Planning Commis- sion, said report to include without limitation a detailed description of the inadequacy and recom- mendations for correction thereof, and the report shall be filed with the Planning Commission within 5 days. Section 3 amended to read as follows: Upon receipt of the report, the Planning Commission shall hold one or more public hearings concerning the City facilities needed to provide adequate service for the proposed development or construc- tion and the Commission shall within 14 days thereafter submit a report to the Council recom- mending additional facilities,.zoning changes or other changes deemed necessary by the Commission to make zoning demands compatible with City facilities. After discussion by the Council of the various amendments, it was , moved by Councilman Gurnee; seconded by Councilman Graham that the following ordinance was introduced and passed to print as amended and the staff be instructed to submit a list of standards and criteria for guidance in determining overburdened facilities by the City staff: ORDINANCE NO. 604 (1974 series) an ordinance of the City of San Luis Obispo adding provisions to the Municipal Code prohibiting approval of real property divisions, zoning changes, annexations, use permits, and building permits prior to departmental certification that city facilities can accommodate the increased burden resulting therefrom; and providing a mandatory procedure for.planning commission and Council review and correction of deficiencies. Passed to print on the following roll call vote: AYES: Councilmen Gurnee, Graham and Mayor Schwartz NOES: Councilmen Brown and Norris ABSENT: None City Council continued further discussion of this ordinance to March 4, 1974 so that criteria and standards can be publicized in the com- munity. ' Councilman Brown stated that he was opposed to passing the ordinance to print without first adopting the standards and criteria. 2. At this time, the City Council held a public hearing on the recommendation of the Planning Commission to amend the Municipal Code Section 8600.3, the construction, of signs to allow signs made of combustible materials to be erected in Fire Zone I. The City Clerk read the amended section as recommended by the Planning Commission of the section construction of signs. 4 City Council Minutes February 4, 1974 Page 7 Mayor Schwartz declared the public hearing open. No one appeared for or against the proposed amendment. Mayor Schwartz declared the public.hearing closed. 1 On motion of Councilman Norris, seconded by Councilman Graham, the following ordinance was introduced: ORDINANCE N0. 605 (1-9-7-IT-Series) An ordinance.of the City.of San Luis Obispo amending the municipal code to permit wooden signs.in fire zone I. Passed to print on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES: None ABSENT: None Passed and adopted on the following roll call vote: Councilman Norris left the meeting. 4. Report from the Department of Finance on the request of the San Luis Transportati.on.Company for,an increase in taxicab rates. The matter continued from the December 17, 1973 meeting. The analysis was made with the.financial reports and working papers submitted by the San Luis Transportation Co. and the basis for formulating the requested increase was a 1.4 day sample of taxicab trips against charges per trip. The sample developed average charge per trip and average miles per trip. The sample averages were then ' converted to monthly averages and proposed increases were converted to estimated monthly revenues. The estimated monthly revenues were inserted into a performer monthly income statement with estimated expenses.' The result was an expected after -tax profit of $342.. The estimated expenses were reviewed against the actual income statements submitted for the month of July thru November 1973 and were found to be reasonable. The return on assets over investments was computed at 13% after exclusion of intangibles. Upon examination of the data, it appeared reasonably accurate and .it was recommended that the requested increases be approved. However, a request for additional prospective $.10 cents per flag drop should be tentative pending the results of actual operation. The additional $.10 cent increase would raise first 1/8 mile rates from a proposed $.70 to $.80 cents and result in addi- tional monthly revenues of $254.00. The additional revenues would be offset by expected increase in fuel and equipment costs. Upon presenta- tion of future data indicating the need for additional.revenue, a firm approval might be given. Therefore, the Finance Dept. recommended that the requested rate of $.70 cents for the first 1/8 mile with the flag drop and an additional $.10 cents per 1/8 mile be approved, with the waiting time to be increased to $7.50 per hour over the existing $6.00 per hour and no change in the extra passenger for the per passenger cost. Mayor Schwartz asked if anybody in the audience wished to speak on this ' proposed increase. No one appeared for or against the proposed rate increase and on motion of Mayor Schwartz,. seconded by Councilman Brown, the following resolu- tion was introduced: RESOLUTION NO. 2557 1973 Series), a resolution of the Council of the City of San Luis Obispo establishing taxi cab rates. Passed and adopted on the following roll call vote: City Council Minutes February 4, 1974 Page 8 AYES: Councilmen Brown, Graham, Gurnee and Mayor Schwartz. NOES: None ABSENT: Councilman Norris. Councilman Norris returned to the meeting.. 1 5. A lengthy report was received from the Department of Finance of the City of San Luis Obispo, updating for the Council's information, the conversion of the straight accounting system and the inclusion in the new system of the chart of accounts. The City Council thanked the staff for their report and they were authorized to proceed. 9:00 P.M. Mayor Schwartz declared a recess. 9:10 P.M. the meeting reconvened with all Councilmen present. 6. At this time the City Council considered some amendments to the Municipal Code Tree Regulations as presented by the Tree Committee, to define undeveloped parcel and to change the membership of the Tree Committee and to add new provisions concerning street tree plantings. Lane Wilson, Park Foreman, presented the recommendation of the Tree Committee and the changes they wished made to the existing tree ordinance. After presentation, the City Council discussed wi.th Mr. Wilson various proposed amendments to the tree ordinance. The matter was referred back to staff for clarification of some of. the wording as brought out by the City Council. 7A. Communication.from Michael E. McLarney requesting that the City Council consider amending or changing the Municipal Code Section 6240.19 dealing with cab driver's permits and past history of indivi- duals applying for such 'permits. 7B. Communication from Robert Beaty .requesting the same informa- tion and appealing a denial by-the Police Department of his application to be a cab driver. A.J. Shaw, City Attorney,.stated that after hearing the City Council, the matter should be referred to one of the Citizens Committees, such as the Human Relations'Commission for consideration and study and recommendation of change to the Council if they felt a change was needed. The conditions that these gentlemen were asking about were Section 6240.19 of the Municipal Code which states that no permit.to drive a taxi cab shall be issued to any of the following persons: a) Any person who has been convicted of a felony b) Any person who has been convicted of driving a vehicle of recklessly or while under the influence intoxicating liquors. Robert Beaty appeared before the City Council asking that the City Council amend the Municipal Code to change cab drivers' permit forms for clarification of prior problems. On motion of Councilman Gurnee, seconded by Councilman Graham,. that the City Council ask the Human Relations Commission to look into the cab drivers' permit form as required by Section 6240.19 of the Municipal Code and also the Administrative Officer to look into cab driver application forms with reports from the Human Relations Commission by March 4, 1974. Motion carried. City Council Minutes February 4, 1974 Page 9 8. Communication from Francis C. Mueller stating that it was his understanding that the present operator of the Laguna Lake Golf Course was giving up the operation on March 1, 1974, and he requested that the City Council consider taking over the Golf Course for two reasons: (1) to protect open space and (2) to allow the continued ' use of the Golf Course by residents of the City, particularly older residents who .could not drive or could not afford to go to the public and private courses in.the general area. Mr. Bob Schroeder, Cucaracha Ct., spoke in support of the City taking over the operation of the Golf Course. The matter was referred to the Park E Recreation Commission for study and recom- mendation of action to the City Council. 9. Communication from M. D. Sandborn and Mrs. Peggy Spencer regarding cats and dogs was ordered received and filed. 10. A memorandum from Mayor Schwartz regarding screening of Santa Rosa Overpass at Highway 101. He stated that his information from representatives of the Department of Transportation was that the screening was being placed for public safety to avoid people falling or jumping off the overpass to the Freeway below or throwing projectiles from the bridge to the street. the Mayor.felt that this project was unwarranted and unnecessary, at least at this time. First and foremost was the hazard record. He stated that the Department of Transportation only mentioned one official report in the entire District where a projectile had been thrown from the overpass onto the freeway. The Mayor felt that there were other ways to design or prevent this type of vandalism. He therefore asked that the City Council authorize a pedestrian count on Santa Rosa Street and authorize the staff to hire 1 temporary help to make such a count. He thought the counts on three days from sunrise to sunset would provide a good data base for the Council's determination. On motion of Mayor Schwartz, seconded by Councilman Graham, that a traffic count be taken on Santa Rosa overcrossing and that extra help be authorized to conduct the count. Motion carried. Passed and adopted on the following roll call vote: AYES: .Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz. ll. Memorandum from the Water Department Director, R.A. Paul, recommending that the City Council adopt a resolution revising Water Department fees for acreage, front footage and new water service connections. R.A. Paul stated that during the first quarter of 1973, the City Council considered the fees the City was charging for water acreage, water frontage and new water service connections. At that time the fees had not been previously revised for a period of time up to 15 years. In order'to increase fees to a level consistent with current cost the City Council adopted in March.of 1973, increased charges for these three areas. He therefore recommended that, based on current construction cost indexes and studies made by his depart- ment, the City Council consider revising the acreage charge from $730 per acre to $770 per acre and that the front footage distribution main charge be increased from $7.30 per front foot to $7.70 per front foot and that the charges for new services inside the City be increased proportionately in accordance with the cost indexes. On motion of Councilman Gurnee, seconded by Councilman Graham, the following resolution was introduced: RESOLUTION NO. 2558, a resolution of the Council of the City of San Luis Obispo revising rate for new water service, acreage fees and front footage charges. Passed and adopted on the following roll call vote: AYES: .Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz. City Council Minutes February 4, 1974 Page 10 NOES: None ABSENT: None 12. City Engineer, D.F. Romero, presented plans and specifi- cations for WASTEWATER TREATMENT PLANT - BARMINUTOR INSTALLATION, 1 City Plan No. 30 -74. City Engineer explained what was going to be accomplished under this particular project and estimated the cost at $32,000. R.D. Miller, Administrative.Officer, reported that $26,640 would be budgeted under account #8 Capital Outlay - sewer system improve- ments. On motion of Councilman Graham, °seconded by Councilman Brown, the plans and specifications were approved and the Engineer was authorized to call for bids. Motion carried. All Ayes. 13. City Engineer, D.F. Romero, presented plans and specifications for Los Osos Valley Road Flashing Signals - 280 feet northerly of Prefumo Canyon Road and 208 feet southerly of Royal Way, S.S. #195, City Plan No. 24 -74. The Engineer estimated the cost to be $3,000 of which the school district has agreed to pay one - half. Money is available in Account No. 9 Capital Outlay - traffic signals. On Motion of Councilman Brown, seconded by Councilman Graham, the plans and specifications were approved and the City Engineer was authorized to call for bids. Motion carried on the following roll call vote: AYES: Councilmen Brown, Graham, Norris and Mayor Schwartz NOES: Councilman Gurnee ABSENT: None 14. D.F. Romero, City Engineer, presented plans and specifica- tions for Santa Rosa Street Widening - Monterey to Higuera, West Side, City Plan No. 25-7 , S.S. #194. Engineer's estimate of the project was $20,500. On motion of Councilman Graham, seconded by Councilman Brown, the plans and specifications were approved and the City Engineer was authorized to call for bids. Motion carried. 15. A.J. Shaw, City Attorney, presented Municipal Election Campaign Contributions and Ordinance which was continued from last fall. ordinance varied considerably from ordinances to control campaign contributions and expendi an essential prerequisite of an ordinance was for the City Council a Expenditures Control He stated that the adqpted by other cities tures but he felt that that it be enforceable. In order that the City might convince the courts of the City's reason- able attempts to deal with the "evils" involved, the City Attorney added a provision that the Council shall appoint a committee -to study the working.of this ordinance at the next General Municipal Election and to report its findings and recommendations to the Council. This provision should serve to convince the courts that the City was seeking a balance between the rights of the individual and the rights of people in election campaigns and that the City intended to review the problems constantly until a fully workable solution could be found. The City Attorney said that he was submitting this ordinance to the Council at this time as a matter of information and for direc- tion from the Council concerning the next step to be taken in the process of developing a final ordinance. City Council Minutes February 4, 1974 Page 11 The City Council then began to review the proposed ordinance on a Section by Section, line by line basis, but the Mayor stated that due to the lateness of the hour, he did not feel that they could complete the project by the official deadline of 12:00. 1 Councilman Norris stated that he wished the record to show that not only should money contributed or spent on a candidate be reported, but also any volunteer service or time spent, should be included and given a monetary value. He also felt that everyone should be protected under the Federal Constitution. He also objected to the filing of the names of solicitors' agents, Section 4504. Due to the time element, the Council discussed the best approach to allow citizens input to the development of the final ordinance. The City Clerk suggested that one way of getting this information before all the people of the community was to take the draft ordinance, have it published in its entirety in the local newspaper several weeks before the hearing by the City Council; additionally have several hundred copies available at the Council Chamber the night of the hearing so that everyone would have the exact same document for consideration at a public hearing. On motion of Mayor Schwartz, seconded by Councilman Gurnee, that the City Council accept the draft ordinance as submitted by the City Attorney, advertise the draft ordinance for public distribution and set April 22, 1974 for a public hearing on the ordinance. Motion' carried. All Ayes. C -1. Payment authorized for claims against the City of San Luis ' Obispo for the month of January, subject to approval by the Adminis- trative Officer. C -2. The City Council approved the following contract payments: Walter Bros. Const. Co. MADONNA ROAD CULVERT ENLARGEMENT C -4. On motion of Councilman Gurnee, seconded by Councilman Graham, the following resolution was introduced: RESOLUTION 2559, a resolution of the Council of the City of San Luis Obispo appointing City clerk, C.P.# 23 -74 Est. #6 $3969.07 C.C.O. #1 $2132.40 Est. #7 (Final) $4389.05 Walter Bros. Const. Co. PREFUMO CHANNEL MODIFICATION C.P.# 7 -74 Est. #4 $ 526.57 C.C.O. #I $1845.00 Est. #5 (Final) $4681.51 CONTRACT PAY ESTIMATE Mid -State Const. Co. Est. #4 $13,605.06 SENIOR CITIZENS CENTER ADDITION 1 C -3. Communication from John D. Nettleship, Chairman, Advisory Committee on Joint Recreational Use of School District Property regarding request to lease two chemical toilets for use at Sinsheimer Park during the baseball season. Request approved with understanding that Account No. 400.2 Utility Tax contractual services might have to be replenished later. C -4. On motion of Councilman Gurnee, seconded by Councilman Graham, the following resolution was introduced: RESOLUTION 2559, a resolution of the Council of the City of San Luis Obispo appointing City clerk, City Council Minutes February 4, 1974 Page 12 J. H. Fitzpatrick as acting Treasurer; and authorizing Accountant - Operations Officer, Rudolph C..Muravez, Jr.,. to sign checks on behalf of the City. Passed and adopted on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee, Norris and ' Mayor Schwartz NOES: None ABSENT: None C -5. Request for authorization from the City to advertise sale of surplus City owned property on Laurel Lane adjacent to Fire House III. Councilman Gurnee objected to the selling of this property as he felt that it first should be checked by the various departments. of the City to see if there were any future use and he felt that there might be a use by the Library for expansion to a branch library. If it were still surplus after review by these various departments, then he would have no objection to the City selling the property but he felt that it should be zoned to its highest and best use. On motion of Mayor Schwartz, seconded by Councilman Gurnee, the matter was referred to the departments to see if.the property was still con- sidered surplus to the City's needs. Mayor Schwartz left the meeting. C -6. On motion of Councilman Gurnee, seconded by Councilman 1 Norris, that the City Council approved the request of Steven Ruegnitz, General Manager, KCPR-FM, Cal Poly, that the old San Luis Obispo Police Department radio tower would be given to the school with no charge, if it were approved by Cal Poly, as it served both a municipal purpose and a public purpose. Motion carried on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee and Norris NOES: None ABSENT: Mayor Schwartz The Mayor returned to the meeting. C -7. Request from Charles A. Pratt Const. Co. for an extension of time for the Higuera Street and Los Osos Valley Road Extension, Street, Water, Sewer and Drainage Improvements, City Plan No. 27 -73 for various reasons approved. C -8. R.D. Miller, Administrative Officer, announced the appoint- ment of Sidney D. Bartholow as Police Officer at Step l or $816, effective 2/1/74, subject to one year's probationary period. Appointment acknowledged. 1 C -9. Communication from Public Utilities Commission regarding application of SWIFT AIRE LINES, INC. for an Ex Parte Order to increase intrastate passenger fares was ordered received and filed. C -10. Quitclaim Deed and agreement (Higuera Street Widening) from Chorro Lodge No. 168, I.O.O.F., a corporation, authorized Mayor to record and authorized staff to proceed with work based on the accepted agreement. City Council Minutes February 4, 1974 Page 13 C -I1. Claim against the City of San Luis Obispo by Reed E. Sherman based upon wrongful discharge from his employ with the City of San Luis Obispo on January 1, 1973, denied and referred to insurance carrier. ' C -12. Claim against the City of San Luis Obispo by Bradford J. Caligari for damage done to his vehicle when hit by officer in pursuit of another car denied and referred to insurance carrier. C -13. Communication from Larry D. Kurmel, Administrator, Relocation Assistance Program, Dept. of Housing and Community Development, forwarding the State Relocation Guidelines; under legislative mandate, these guidelines must be adopted with /without amendments) by local jurisdictions by March 7, 1974, referred to the City Attorney. On motion of Councilman Gurnee, seconded by Councilman Graham on consent items not separately voted on: AYES: Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES: None ABSENT: None B -1. The City Clerk reported on bids received for Waterway Obstruction Abatements, City Plan No. 34 -74. Bids opened January 30, 1974, at 3:00 p.m. City Clerk, J.H. Fitzpatrick, reported to the City Council that they should reject the low bid of DeLackner Fires which was in violation of City bid specifications, in that neither the company nor any principal of the company possessed a State Contractor's License, nor did a call to the State Contractors' License Board show that any application was on file or being considered by the State of California. Therefore, the low bid of Walter Bros. was recommended to the City Council for adoption at $3,675.00. The Engineer's Estimate for the project was $4,050.00 and would-come from Account No. 7 Capital Outlay. On motion of Councilman Gurnee, seconded by Councilman Graham, that the low bid of Walter Bros. be accepted and that the bid of DeLackner Fires be rejected for non - compliance with bid specifications. B -IA. Protest from Van W. Laurn for the removal of the tree to the rear of 514 -518 Higuera Street, Item No. 5 on the bid summary was referred to the City Staff to clarify and either remove or not remove depending upon the property owner's intention. TC -1. 74 -2 -1C Recommendation that parking be prohibited from 8:00 a.m. to 4:00 p.m. weekdays on west side of Augusta in front of two apartment houses while under construction. On motion of Councilman Gurnee, seconded by Councilman Norris, the following resolution was introduced: RESOLUTION NO. 2560 1974 Series) a resolution of the Council of the City of San Luis Obispo establishing temporary parking restrictions on Augusta Street. Passed and adopted on the following roll call vote: AYES: Councilmen Brown, Gurnee, Norris and Mayor Schwartz NOES: Councilman Graham ABSENT: None City Council Minutes February 4, 1974 Page 14 TC -2 74-2 -2T Recommendation that two 36 minute parking spaces be authorized in front of Nearly New Furniture, 1301 Broad Street. TC -3 ' 74 -2 -3T Recommendation for one 36 minute parking space be authorized in front of Pink Poodle Salon, 222 High Street. TC -4 74 -2 =4T Recommendation for two red parking spaces south side; of Murray, east of Santa Rosa. On motion of Councilman Gurnee, seconded by Councilman Graham, the following resolution was introduced: RESOLUTION NO. 2561 (1974 Series), a resolution of the Council of the City of San Luis Obispo establishing shorttime parking on Broad Street and on High Street, and restricting parking on Murray Street. Passed and adopted on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES: None ABSENT: None TC -5 74 -2 -5T Recommend centerline striping and turning pockets for Los Osos Valley Road between Madonna and Prefumo Canyon. Roads and that Traffic Engineer be given blanket authority to make similar installations in the future, subject to certain conditions. On motion of Councilman Gurnee, seconded by.Councilman Graham, that the City Council set a public hearing to convert the west side of Los Osos Valley Road to no parking with a bike lane to be included. Motion carried. TC -5A 74 -2 -5AT Request of the City Engineer that he be authorized to place and maintain minor traffic control devices, channelization and lane striping, without prior specific Council approval. On motion of Councilman Gurnee, seconded by Councilman Graham, the following ordinance was introduced and passed to print: ORDINANCE NO. 606 (1973 Series), an ordinance of the City of San Luis Obispo amending the municipal code to authorize the City Engineer to make certain lane and roadway markings and install traffic markers without prior council approval. Passed to print on the following roll call Vote: AYES: Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES: None ABSENT: None TC -6 City Council Minutes February 4, 1974 Page 15 74 -2 -6T No action taken on recommendation against allowing right angle parking in Oceanaire Court cul de sac in violation of City Ordinance. TC -7 ' 74 -2 -7T No action taken on Council discussion of two -way (never 11 intended as "two-way") bicycle lane on the east side of Los Osos Valley Road and possible liability of the City if this is established. R.A. Paul, Water De artment Director, reported to the City Council on Assembly Bill 2483, stockponds introduced by Assemblyman Nimmo, which would blanket various stockponds in the Salinas River Basin without the necessary permits and hearings as required. Mr. Paul reported that the Bill was proceeding, had gone by public hearing and had passed the Assembly and now was before the Senate and urged the City Council to again take a strong stand objecting to this bill. The City Council stated that they would pursue the objection of this Bill and to notify the Senate, and the staff was authorized to immediately contact the State Senator and inform him of the City Council's feeling. City Clerk, J.H.Fitzpatrick, brought to the Council's attention proposed legislative action on the Soby Decision which was Decision in the 1972 California Court of Appeals where a city was held liable for compensation payments for payment of temporary and permanent disability to a fireman who sustained heart trouble fifteen months after the date of his retirement. Since this landmark court decision, filings had been rushed into courts, including a 74 year old policeman who retired in 1952 and filed for compensation benefits for a heart attack suffered in 1973. The City Clerk stated that the State Compen- sation Insurance Fund was asking Council support to Assembly Bill 2119 which would close the loopholes opened by the Soby Decision. There was no intention by the State Compensation Fund to stop anyone from a legitimate filing for a work related case, but not to come back years later. On motion of Councilman Gurnee, seconded by Mayor Schwartz, that the City go on record suppo r-M rg -Assembly Bill 2119 and so notify the City's representatives. -- On motion of Councilman Brown, seconded by Councilman Graham, the meeting adjourned to 7:30 p.m., Monday, February 11, 1974. APPROVED: July 16, 1974 .H. F iZPATRICK, CITY CLERK 1