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07/01/1974i Pledge Roll Call City Staff MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, JULY I, 1974 - 7:00 P.M. CITY HALL Present: John C. Brown, Myron Graham, T. Keith Gurnee, Jesse Norris and Mayor Kenneth E. Schwartz Absent: None Present: J. H. Fitzpatrick, City Clerk; R. D. Miller, Administra- tive Officer;, A. J.. Shaw, Jr., City Attorney; D. F. Romero, City - Engineer; Lee Schlobohm, Fire Chief; Robert Strong, Planning Director; John Quirk, Acting Water Director I. At this time the City Council held a public hearing on the recommendation of the Planning Commission to rezone a portion of Lot 9, Block 147, Harford's Addition, commonly known as 200 Higuera Street, from M (Industrial) District to C -H (Heavy Commercial) District. R. Strong, Planning Director,- presented the recommendation of the Planning Commission as follows: I. The subject property is located at the corner of South and Higuera Streets and is developed with a heavy commercial use. Surrounding properties are zoned M', but are used primarily for heavy commercial and neighborhood commercial uses. 2. The applicant is requesting this rezoning to expand heavy commercial uses on this property. The existing use on this property is a non - conforming use in this zone. Retail sales are allowed in the heavy commercial zone, but are not allowed in the M zone. The applicant is requesting a rezoning from M (industrial) to C -H (heavy commercial). 3. The Planning Commission recently rezoned the area bounded by High Street on the north, Beebee Street on the east, South Street on the south and Higuera Street on the west from M to C -H. .Other property owners in this immediate area have indicated that they do not wish to be rezoned at this time. 4. The General Plan indicates the area in which the subject property is located as being appropriate for heavy commercial uses. The area has been developed with heavy commercial and neighbornhood commercial uses for many years. 5. The Commission was of the opinion the proposed action would make zoning consistent with the General Plan, and City Council Minutes July I, 1974 Page 2 cause the existing non - conforming use to be compatible with the Zoning Ordinance, and that the proposed rezoning would not have an adverse affect upon the health, safety and welfare of persons living and working in the vicinity. They therefore unanimously recommended that the City Council rezone the property for heavy commercial uses. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed re- zoning. Mavor Schwartz declared the public hearing closed. On motion of Councilman Gurnee, seconded by.Councilman Brown the following ordinance was introduced. Ordinance No. 619, an ordinance amending the official zone map of the City of San Luis Obispo (to rezone 200 Higuera Street). Passed to print on the following roll call vote: AYES: Councilmen Gurnee, Brown, Graham, Norris and Mayor Schwartz NOES: None ABSENT: None 2. Memorandum from David Williamson, Assistant Administrative Officer, on the Gary Green Inquiry, 1743 Southwood Drive. Mr. Gary M. Green wrote to the City of San Luis Obispo requesting informa- tion.concerning the development of the Dan Oxford Tract being developed across the street on Southwood Drive from his home. Mr. Green's concern was the way that utilities were installed to serve the homes in the Oxford Tract, apparently causing an inordinate number of trenches being cut into Southwood Drive. It was Mr. Green's contention that if the City were to accept the alley to the rear of the lot lines of Oxford Tract, it would be simplier to place the utilities in the rear alley rather than cut up an already improved street. He also complained of the leaching and drainage of water above and below ground, which might get into these trenches in Southwood Drive and.cause further street damage.. Mr. Green's.concerns seemed to stem from the fact that he believed the City should have planned for the development of properties located above elevation 460 and looped utility systems should have been constructed rather than trying to serve each of the Oxford Tract lots from Southwood Drive. He also felt the City should have investigated the possibility of establishing an underground utility assessment district for existing home owners in the area, so that all utilities could be undergrounded and the area cleaned up. These quest.ions were covered by a written reply submitted by D. Williamson. He indicated that he had met with Mr. Green, City Engineer Romero and the Water Department Director to discuss the problems and it was his opinion that Mr. Green now had a better understanding of the reasons for the way in which the Oxford Tract was developed. I fl City Council Minutes July I, 1974 Page 3 . On motion of Councilman Norris, seconded by Councilman Brown the Gary Green inquiry was ordered received and filed. 3. D. F.. Romero, City Engineer, on behalf of the Mass_ Transportation Committee, submitted for the Council's consideration a sample bus study questionnaire which had been prepared by Chairman Jones. The information in the questionnaire would provide the bus committee with valuable background to determine how to best improve the City's bus service both.during the experimental period, in the immediate future, and for the permanent bus system, if it is.to be put into effect. If the additional set of.questions be.ing submitted with the questionnaire is to be approved, the City would also receive an indication of.the public's view as to the relative importance of bus service as opposed to other City services which are now provided. D. F. Romero continued that after the Council has approved the questionnaire that the questionnaire will be.distributed through the City this fall, the computer work and representative sample would be selected by Cal Poly students, under Mr. Jones' direction, and the .information would be computerized and print -outs be made availab.le.;.not only to the City, but to the County and the Area Planning Council for their consideration. . The actual printing, distribution and collection of the information would be done at City expense and by City personnel. Analysis of the cost-at this time would be an estimated $1,000, and the Committee through-Mr. Romero recommended that the Council approve the proposed questionnaire and the method of survey. The request_for.the questionnaire was continued to the meeting of July 8, 1974, so the Council could meet with representatives of the Mass Trans- ' portation Committee. 4. Request by...Warren F..Dolezal.for Council approval-and acceptance of the on -site improvements to Tract 467; Unit 1. Los Verdes Park, Garden Homes. He stated the request was being made at this time as many families had purchased homes and were waiting to move in, and considerable hardship on these residents would occur if the acceptance by the City was delayed. D. F. Romero, City Engineer, reported that an.inspection made by his office today showed that only one manhole had not been adjusted to grade and was now being corrected and that also the.as =built plans had not been submitted but he had no objection to the City Council accepting the Tract and the on -site improvements. John Quirk, Assistant Water Director, stated that the water utilities were in and were operating although there had been some problems with the hydrants (which were delivered from the manufacturer in a defective state) and were now being replaced by the manufacturer. He-recommended that the water..improvements be accepted. D. F..Romero, City Engineer, explained that a City contract controlled the off -site construction and was not affected by the acceptance of this tract. Further, he stated that occupancy would be dependent upon the approval of the Building Department rather than Council which would require completion of all on -site improvements, including common areas. A. J. Shaw, City Attorney, discussed the unusual concern with regard to this particular subdivision, a planned development which required not only completion of the on -site improvements,..(utilities, streets, curbs,.gutters, etc.) but also common areas within the whether the City, in accepting Unit I, Tract. He further was letting questioned the subdivider escape ' his obligation to pay his share of the development of the off -site improvements to serve this particular development. D. F..Romero, City Engineer, explained that a City contract controlled the off -site construction and was not affected by the acceptance of this tract. Further, he stated that occupancy would be dependent upon the approval of the Building Department rather than Council which would require completion of all on -site improvements, including common areas. City Council Minutes:_ July I, 1974 Page 4 A. J. Shaw, City Attorney, recommended that the City not accept the sub- division until all the improvements had been completed as provided in the subdivision agreement-; and also that nothing be done until all costs associated with the change orders on the off -site improvements had been settled to the satisfaction of the City. Warren Dolezal explained that the need for prompt action was that the interest on development funds during a two -week delay would cost him. about $15,000. Further, he had 67 homes in.escrow which had been sold, and the purchasing families were anxious to move in. He stated that except for some minor clean up and finish detail,.the tract was ready for occupancy. He also questioned the fairness in holding up acceptance of Unit I on the basis that the off -site contract had not been completed. The contract was administered by the City and that the City had delayed resolution of a settlement of the contested change order costs. He stated he had deposited funds'to assure his share of costs, as provided by contract. . Councilman.Brown felt that if the Pratt contract problems could be separated secured, then he would be willing to accept the Unit I improvements subject to individual approval by the Building Department. Councilman Graham agreed with Councilman Brown's comments and .concluded . that he,-"too, was prepared to accept Tract 467, Unit I, as complete. Councilman Gurnee questioned whether or not adequate funds were deposited with the City to cover costs involved with the change orders for the Pratt contract as well as other.remaining obligations and asked if the developer would agree to deposit additional amounts until the settlement had been made. Warren Dolezal stated that if .account balances and contract cost figures were provided by the City, he would deposit any additional funds required with the City. Councilman Gurnee stated that he would not vote for acceptance of Unit I as he had always opposed this development. Councilman Norris stated that in view of the 67 families who wished to move into these new homes, he would support acceptance of Unit I. He felt staff should get the Pratt Contract change orders cleaned.up as soon as possible so that everyone would know just where the City and the developer stood'in this matter. Mayor Schwartz stated that in light of the evidence submitted this evening, by -the developer and by City staff, the City could take action to accept Unit I as he did not.feel it had any effect on the off -site improvement contract with Pratt Construction Company. On motion of Councilman Brown, seconded by Councilman Norris the following resolution was introduced subject to the developer filing the necessary funds with the City to complete the water and sewer contracts on the off -site improvements: RESOLUTION NO. 2637 (1974 Series.), a. resolution of the Council of.the City of San Luis Obispo accepting the off -site improvements in Tract 467, Phase I, Los Verdes Park (Garden Homes, Ltd.).- 1 Passed and adopted on the following roll call vote: AYES: Councilmen Brown, Norris, Graham and Mayor Schwartz NOES: Councilman Gurnee ABSENT: None City Council Minutes July I, 1974 Page 5 5.' At this time the City Council considered the final map and subdivision agreement for Tract 467, Unit 11, Garden Homes. Continued from June 3, 1974. ' Robert Strong, Planning.Director, again reviewed for.the City Council the history of the development of this tract through the Planning Commission and before the City Council, the various meetings that were held, and the conditions under which the tentative maps of Unit I and II were approved. It was his recommendation after evaluation of the facts on record that the final map of Unit.11 substantially was conformed with the approved tentative map.. He recommended that the Council approve the final map and the subdivision agreement as presented by the Director of Public Works. Robert Strong also presented recommendations and a communication' from the Architectural Review Commission concerning the extensive grading proposed, involving large amounts of dirt that would be moved from this development to either adjoining properties or that would be hauled off. It was the Architectural Review Commission's feeling that this development was not designed sensitive to the natural environment and that considerable changes should be made_so that less dirt.would need to be moved. They objected to any grading involving adjacent property until proper studies to protect the environment were provided for evaluation. Robert Strong also reviewed the recommendation of the Waterways Planning Board regarding the development of Unit II and the adjoining property proposed as an alternative grading deposition site. Councilman Gurnee, as Chairman of the Waterways Planning Board, reviewed the studies made by the Board in the vicinity of San Luis Creek and stated' that any portion of land in Tract 467 that flooded in 1973 should not be allowed to be graded thus endangering . more land.. He recommended that no grading -or building be allowed on the property to the west of Unit I and 11 without the filing of an Environmental Impact Report dealing with flood were made and sent to the City Council. At the end of the discussion, Robert Strong stated that it was his under- standing that approximately 60,000 cubic yards of dirt would be moved from, the boundaries of Unit II, either to adjacent property or hauled away. He concluded that an Environmental Impact Statement should be prepared if flood prone areas were proposed and recommended that the City Council separate.the consideration of Tract 467, Unit 11, from any proposed off - site grading. Councilman Norris stated that in light of the information presented by staff.he would approve the final map of Tract 467, Unit 11; but the,matter of grading on land west of development should be continued to.a later date, subject to further consideration. Warren Dolezal, Developer of Tract 467, asked that the City Council-.do two things: I. Grant a grading permit for Tract 467, Unit II in accordance with the grading plan and final maps.previ.ously approved by the City Council.,.and 2. That the Ci.ty Council consider the placement of excess material from Unit Il grading on adjacent property to the west of Tract 467 per the grading plan origi.hally submitted to the Planning Commission when a General'Plan of the area was presented for their approval. City Council-Minutes. July I, 1974 Page 6 Councilman Gurnee stated that he was opposed to.the development of Unit II just as he.was opposed to Unit I. He felt that the development of Unit I had been less than a desirable development for the City. He did not feel that the City could expect anything better in Unit II. He felt the main objection to this tract was-in the grading and removal of over 60,000 cubic yards of dirt from Unit II to adjacent or other sites. He felt the City Council should not approve this type of operation. Councilman Norris stated that he felt that the final map of Unit 11 met the conditions of the tentative map and that.the City should.accept the final map in order to provide much needed housing for the citizens of San Luis. Obispo. Councilman Brown stated that he agreed with the Planning Director's conclu- sions that the.final map conformed to the tentative map, but that no grading should be allowed in the off -site area that flooded in 1973 until further evaluations were complete. He asked how much on -site grading had already occurred. D. F. Romero, City Engineer, stated that a small area at the southwest corner of Unit II had been filled about 24 inches without a grading permit but in accordance with the grading plan. Council.man_Brown stated that the Council should accept the staff recommenda- tion, the final map and the subdivision agreement. Councilman Graham felt appalled that this development could be started under the planned unit development ordinance of the City.of San Luis Obispo. He also questioned the movement of large .amounts of dirt from this site to adjacent sites without ei.ther a grading permit or an adequate grading plan. Mayor Schwartz stated that it was unfortunate that it had taken so long to. get this'development completed, as memories had.become clouded-over the years. He stated that his greatest concern was.the gradi.ng within Tract 467 and his understanding that grading was designed to balance Unit I and Unit II; at no time could he recall considering excess dirt to be moved off -site from Tract 467. He agreed with the.staff recommendation except he would not accept'Unit II until he was convinced that there .would be no danger of additional flooding due to grading of flood prone areas. Councilman Graham moved that the.City Council continue consideration of Tract 467, Unit II until additional reports are filed with the City. Motion died for lack of a second. Warren Dolezal, Developer, felt he and the staff had presented all the infor- mation available on the on -site development and asked what add.itional reports the City Council requested. Councilman Norris moved that the City Council accept the final map.and subdivision agreement of Unit II, Tract 467 with the off -site grading to be a separate issue to be discussed at a later date. Motion died for lack of a second. Robert Strong, Planning Director, again presented his recommendation that the City Council accept the final map and subdivision agreement for Tract 467, Unit II, with no approval of moving soil or dirt to adjacent properties. He felt the Council should approve Unit II, as it was in conformance with the tentative map previously filed and approved by both the Planning Commission and the City Council. City Council Minutes July I, 1974 Page 7 On motion of Councilman Brown, seconded by Councilman Graham that the final consideration of the map and subdivision agreement of Tract 467, Unit II be continued to July 15, 1974 with the staff to provide Council with calculations of flooding on that portion shown as flooded with Unit II in the 1973 flood. Motion carried on the following roll call.vote: AYES: Councilmen Brown, Graham, Norris and Mayor Schwartz NOES: Councilman Gurnee ABSENT: None Mr. Dolezal agreed to the continuance of this matter.to July 15, 1974. Mayor Schwartz declared a recess at 9:45 P.M. Meeting reconvened at 9:55 P.M., all Councilmen present. 7. A. J. Shaw, City Attorney, again presented to the City Council the matter of the inoperative vehicles at 319 Branch Street, where the City had made.a number of attempts to have the occupant either remove the vehicles or place them in an operative condition and register them with the State of California. The City Attorney continued that this matter was originally investigated and initiated as a criminal misdemeanor violation, had been filed with the court. Subsequent to the last Council discussion, the matter had been in the court, at which time the property owner had signed an agreement to move the vehicles by May, 1974, or enter a plea of guilty.in the court to ' a criminal misdemeanor violation. He now refused to do either one; one of the City's recourses was to request a new trial date. The City Attorney recommended,tconsidering the vagaries of the criminal trial system, including legal costs and time lost in appeals, etc., that it would be more effective, expeditious and appropriate to implement the provisions of the City's nuisance abatement ordinance, which had been adopted since the September date when this matter went to court. He concluded that-the City Council should initiate proceedings'on a nuisance abatement under the provisions of the Municipal Code Section 4400.3. Robert Strong, Planning Director, concurred with the recommendation of the City Attorney and urged the City Council to proceed with a nuisance abate- ment on this matter. E. L. Rodgers, Chief of Police, also informed the City Council that he supported the recommendation. E. Woelfe appeared before the City Council with charges against the Pol -ice Department, the City Attorney,'Jon Ecklund of the Planning Department.and others as to the treatment he had received in the matter of removing his. inoperative vehicles from his property. He stated that he felt he had been harassed and mistreated by the City, and he felt there was some punitive reason other than the vehicles, why he was being persecuted by the City. ' He concluded by stating that there were no inoperative vehicles on his property at this'time. and all vehicles on his property were no operative and registered. On motion of Councilman Norris, seconded by Councilman Gurnee the following resolution was introduced: RESOLUTION NO. 2630 (1974 Series), a resolution of the Council of the City of San Luis Obispo finding that a public nuisance may exist upon the premises at 319 Branch Street and ordering a public hearing on the same and the abatement thereof. City Council Minutes July I, 1974 Page 8 Passed and adopted on the following roll call vote: AYES: Councilmen Norris, Gurnee, Brown., Graham, and Mayor Schwartz NOES: None ABSENT: None ' 8. At this time the City Council considered the final map and sub- division agreement for Tract 522, Mission Gardens, Arnold Volny, Developer, an apartment development on Peach Street, bounded by Mill between Nipomo and Broad Streets. D. F. Romero,City Engineer, presented the final map for the City Council stating that the map had been checked and was technically correct. He also reviewed for the City Council the subdivision agreement with the following five special conditions: I. The developer shall pay to the City the sum of $5,400, which is based upon the following.formula, ($.150 per dwelling unit x 36 dwelling units. This is the maximum .fee per dwelling unit as per Ordinance 610 in lieu of Park Land dedication.) 2. The developer shall pay to the City the sum of $967.72 for the purpose of street tree.planting (''.967.72 lineal. feet of street frontage @ $1.00 per foot). 3. The developer shall construct curb, gutter and sidewalk, bring Peach Street to subgrade.and construct DI's; and the City would provide and place the base material and I pavement. 4. The developer shall construct curb, gutter and sidewalk and bring Mill Street to subgrade except for the westerly 240 feet of frontage. The City would provide and place the base material and pavement. 5. The developer.shall construct a 6 foot A.C. bike path in the street design area along the westerly 240 feet of frontage along Mill Street acceptable to the School and the City Engineer. Councilman Gurnee asked how the final subdivision map could come before the City Council for approval when the buildings were practically completed. He also wondered why the building was started without the installation of the two fire hydrants as required by ordinance. The City Engineer explained that this subdivision was also.a condominium planned development, and that the construction had been a- proved as consistent with the planned development. The final map was in agreement with the tentative map previously approved by the Planni'ng.Commission and City Council. On motion of Councilman Norris, seconded by Councilman Graham the following , resolution was introduced: RESOLUTION.NO. 2636 (1974 Series), a resolution of the Council of the City of San Luis Obispo approving the final map of Tract 522, Mission Gardens (Arnold Volny). 1 t 1 City Council Minutes July I, 1974 Page 9 Passed and adopted on the following roll call vote: AYES: Councilmen Norris, Graham, Brown, Gurnee and Mayor Schwartz NOES: None ABSENT: None The City Staff was asked to report to Council regarding the reason why the combustible construction was allowed to proceed without required fire hydrant placement. 9. Communication from Mr. James F. Maino objecting to the recommendations of the wastewater management as proposed by the Water Quality Control Board which would prohibit the City of San Luis Obispo from placing effluent water into the creek. He stated that for over thirty years the ranchers along San Luis Creek depended upon this water as a primary source of irrigation and that if the City were not al lowed. to keep a certain amount of water flowing through the creek, they would be unable to irrigate their pastures or water the cattle. He felt that this reduction in water would cause him to reduce the number of cattle he could carry and the land that; -.could be irrigated and would destroy the economic feasibility of his ranch as the adjacent creeks all dried up in the summertime. He felt that with present sewage technology, there must be some way that the City of San Luis Obispo could clean up the water sufficiently so that it could mix with natural creek water without risk. He felt his situation was not unique and that there were a number of ranchers downstream who depended on this creek for their livelihood. He hoped that the City would object to the conditions established by the Water Quality Control Board. City Engineer Romero stated that Mr. Maino's views were in complete agreement with those already presented to the Water Quality Control Board. The communication was ordered received and filed, and that the Water Quality Control Board be sent a copy. 10. Memorandum from Robert Strong, Planning Director, on behalf of Jack Kellerman, Chief Building Inspector, requesting-that the City Council consider an amendment to the Municipal Code increasing the performance bond requirements for house moving. He stated that a comprehensive revision of the Municipal'Code was being prepared on the house moving matter, but as a temporary measure, the proposed resolution would require a minimum bond•of $5,000: rather than the present $1,000 to guarantee completion of site improvements in the event the job of house moving was not diligently pursued. On motion of Councilman Gurnee, seconded by Councilman Brown the following resolution was introduced: RESOLUTION NO. 2638 (1974 Series), a resolution of the Council of the City of San Luis Obispo providing additional bond requirements to guarantee site clean -up and job completion when buildings are moved. Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee, Brown, Graham, Norris and Mayor Schwartz NOES: None ABSENT: None City Council Minutes July I, 1974 Page 10 On motion of Councilman Brown, seconded by Councilman Gurnee Consent Items C -1, C -2, C -3, C -5, C -6, C -7, C -9, C -ll, C -13 were all approved as indi- cated below. C -1 The claims against the City of San Luis Obispo were authorized payment, subject to approval by the Administrative Officer. C -2 The City Council minutes of April 11; May I, 17, 28, 29 and 31; and June 4 and 6, 1974 were approved as submitted. C -3 The following contract payments were approved: R. B -ker Const. BULLOCK LANE SEWER EXTENSION Est. #1 $4',117.09 City Plan No. 39 -74 Est. #2 FINAL 457.46" R. Burke Corporation STREET RESURFACING PROJECT Est. #3 2,227.50 City Plan No. 35 -74 Est. #4 FINAL 5,382.32 J. D. Concrete IOOF CEMETARY WALL CONSTRUCTION Est. #1 2,967.45 City Plan No. 41 -74 Est. #2 FINAL 329.72 Walter Bros. Const. Co. POLICE FACILITY CARPORT EXT. Est. #1 1,707.75 City Plan No. 28-74 Walter Bros. Const. Co. ' ABATEMENT OF WATERWAY OBSTRUCTION Est. #2 270.00 City Plan No. 42 -74 Est. #3 FINAL 335.00 Karleskint -Crum, Inc. MEADOW PARK, PHASE III Est. #4 5,092.51 City Plan No. 4 -74 C -4 On motion of Councilman Norris, seconded by Councilman Brown, a motion was adopted authorizing staff to contact the City's assessment attorney for preparation of necessary paperwork and institute.assessment district proceedings for widening Johnson Avenue.within.the existing right - of -way (Plan "F ") adjacent to the Chase and Bilodeau properties. Passed and adopted on the following roll call.vote: AYES: Councilmen Norris, Brown, Graham and Mayor Schwartz NOES: Councilman Gurnee ABSENT: None C -5 The claim against the City of San Luis Obispo by 14 members of the Police Officers' Association dated June 20, 1974 was ordered received and viled. C -6 The memorandum from the Chief of Police regarding change in ' working hours for Police Officers was set for discussion at the July 15, 1974 Council meeting. C -7 The memorandum from the Human Relations Commission requesting Council authority to continue to employ Orloff Miller as Social Services Coordinator for the first three weeks in July on a half -time basis was approved. City Council Minutes July I, 1974 Page II C -8 On motion of Councilman Brown, seconded by Councilman Graham that the City accept the recommendation of the Promotional Coordinating Committee and that the Mayor be authorized to sign the agreements with the Chamber of Commerce for the fiscal year 1974/75. Motion carried, Councilman Gurnee voting no. Councilman Gurnee stated that he felt that the Chamber of Commerce in 1973/74 had done an excellent job in. promoting visitors for the City of San Luis Obispo, but that he was opposed to promotion in principle and could not approve this one contract. C -9 On motion of Councilman Brown, seconded by Councilman Gurnee the following resolution was introduced: RESOLUTION NO. 2629 (1974 Series), a resolution of the Council of the City of San Luis Obispo determining the prevailing rate of wages for City Public Works projects for the year July .1,'1974, through June 30, 1975, and ordering the publication thereof. Passed and adopted on the following roll call vote: AYES: Councilmen Norris, Brown, Graham, Gurnee and Mayor Schwartz NOES: None ABSENT: None C -10 On motion of Councilman Gurnee, seconded by Mayor Schwartz the communication from Jack H. Sausser,.City Manager, City of Auburn, urging City Council to contact League of California Cities requesting support and concerted effort toward the passage of legislation to prevent the unnecessary delay of approved public works projects was ordered received.and filed. Motion carried, Norris voting no. C -II The request for sick leave in excess of one week for Ralph Soto was approved. C -12 Consideration of current legislation was continued to July 8, 1974. C -13 The staff report on the requested rate increase from Central California Communications Corporation (continued from 5/20/74) was set for public hearing on July 15, 1974. B -1 The City Clerk reported on the following bids received for MISSION PLAZA RETAINING WALLS, City Plan No. 21 -74. Bids were opened June 25, 1974 at 2:30 P.M. Conco General Engineering $51,426.60, P.O. Box 511 San Luis Obispo, CA Madonna Const. Co. $55,555.55 P. 0. Box 9 LO . San Luis Obispo, CA On motion of Councilman Graham, seconded by Councilman Brown that the low bid of Conco in the amount of $51,426.60 be accepted. Motion carried, all ayes.. City Council Minutes July I, 1974 Page 12 B -2 The City Clerk reported on the following bids received for CITY RECREATION CENTER ADDITION, City Plan No. 27 -74. Bids were opened June 25, 1974 at 2:00 P.M. Walter J. Schmid $25,400.00 2401 Alexander Ave., L.O.H. San Luis Obispo, CA Wheeler Const. Co., Inc.. $26,987.00 2650 Broad Street San Luis Obispo, CA 93401 On motion of Councilman Graham, seconded by Councilman Gurnee that the City accept the low bid of Walter J. Schmid in the amount of $25,400.00. Motion carried, Councilman Norris voting no. The City staff was asked to look into the possibility of introducing:; a change order to eliminate the addition of steam heat to this building addition. B -3 The City Clerk reported on bids received for CULVERT REPLACEMENT IN OLD GARDEN CREEK AT LINCOLN AND BROAD STREETS, City Plan No. 16 -74. Bids were opened on June 26, 1974 at 3:00 P.M. Conco General Engineering $87,310.20 P. 0. Box 511 San Luis Obispo, CA A -C Construction $92,097.60 1738 E. Newbury Rd. Newbury Park, CA Maino Const. Co., Inc. $95.689.00 P. 0. Box 1347 San Luis Obispo, CA R. Burke Corp. $99,680.00 P. 0. Box 957 San Luis Obispo, CA Madonna Const. Co.. $105,767.00 P. 0. Box 910 San Luis Obispo, CA On motion of Councilman Gurnee, seconded by Councilman Brown that the City accept the low bid of Conco in the amount of $87,310.20. Motion carried. The City Clerk presented two letters from the League of Women Voters. One suggested that the City Council take whatever steps were necessary to amend the City Charter to change Election Day from the present third Tuesday in April in the odd numbered year, to the first Tuesday after the first Monday in March of the odd numbered year. In this way the City election would be held on the same day as the school elections that have been done in the past. The second letter offered the services of the League in writing ballot 1 1 1 City Council Minutes July I, 1974 Page 13 arguments for the City of San Luis Obispo. Both letters were referred to the next Council meeting for consideration. The City Council adjourned to Executive Session. The City Council adjourned at 11:20 P.M. to 7:30 P.M. July 8, 1974. Motion carried. APPROVED: November 4, 1974 1 1 v F' atrick, City Clerk