HomeMy WebLinkAbout01/20/19751
Pledge
Roll Call
City Staff
MINUTES
REGULAR.MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
MONDAY, JANUARY 20, 1975 - 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,
Administrative Officer; A. J. Shaw, City Attorney;
D. F. Romero;'City Engineer; Robert Strong, Planning
Director
I. . At this time the City Council held a PUBLIC HEARING to consider
reports from the City Planning Commission concerning City Resource
'
Deficiencies (Ordinance No. 604 7A) relative to the following projects:
A. Warren Dolezal 200 North Santa Rosa - Student Housing Project
Problem•
The sewer line serving this property was adequate; however, a downstream
portion in Santa Rosa Street below Murray to Oak Street was currently
carrying volumes which exceed design capacity.
No water service.at this time.
Project proposed a density in excess of maximum density prescribed in the
General Plan (Level II report).
Planning Commission Recommendations:
The Planning Commission recommended that the project be approved and that
the downstream sewer deficiency be corrected immediately. The consensus
of the Planning.Commission was that the expense of the correction of the
sewer deficiency be borne by the.City.'
The Planning Commission recommended that the applicant construct an eight
inch loop from the intersection of Foothill Boulevard and Santa Rosa Street
to Boysen Avenue in accordance with the City's looped water ordinance. A
water service would be constructed to this loop. This service line would
provide an adequate supply of water for domestic and fire code requirements.
The Planning Commission recommended that the project be approved and that
the zoning /General Plan inconsistency issue be addressed in the General
Plan and Regulatory System Revision Program.
City Council Minutes
January 20, 1975
Page 2
D. F. Romero, City Engineer, explained the technical problems in this
sewer -line and methods of correcting the deficiency. He recommended
that the sewer deficiency be corrected whether the Dolezal development
proceeded or not.
On motion of Councilman Brown, seconded by Councilman Norris that the
City Council accept the recommendation of the Planning Commission and.
that (1) provisions for the relief sewer line be included in the 1975%76
C.I.P. budget for installation prior to the development by Dolezal;;and
(2) that plans and specifications be prepared in -house by staff, or. if
by a consultant, with prior approval of the Council.
Councilman Gurnee stated that he was opposed,to use of City tax funds
to pay for new construction that would only help developer.
Councilman Graham stated that he was opposed to the City paying the full
cost of the sewer line without some contribution by the developer who
would reap the financial benefit at the City taxpayers' expense.
Motion carried on the following roll. call vote:
AYES: Councilmen Brown,. Norris and Mayor Schwartz
NOES: Councilmen Graham and Gurnee
ABSENT: None
B. Alta Vista School, 321 - 401.North Chorro - .Convert Residence to
Classroom.
Problem:
The sewer line serving this property was adequate; however, a downstream
portion in Santa Rosa Street below Murray to Oak Street was currently
carrying volumes which exceed design. capacity.
Planning Commission Recommendations: '
The Planning Commission recommended that the.project be approved and that
the downstream sewer deficiency be corrected immediately. The consensus
of the Planning Commission was that the expense.of the correction of the
sewer deficiency be borne by the City.
C. Stenner Glen, 1050 Foothill Boulevard -
Facility in student housina complex
Problem:
- resident.dinin
The sewer line serving this property.was adequate; however,.a downstream
portion in Santa Rosa Street below Murray to Oak Street was'currently
carrying volumes which.exceed, design capacity.
No water service at this time.
Project proposed.a density in excess of maximum density prescribed.i,n_ the
General Plan (Level 11 report).
C
1
City Council Minutes
January 20, 1975
Page 3
Planning Commission Recommendation:
The Planning Commission recommended that the project be approved and
that the downstream sewer deficiency be corrected immediately. The
consensus of the Planning Commission was that the expense of the
correction of the sewer deficiency be borne by the City.
iB. & IC
On motion of Councilman Norris, seconded by Councilman Brown that the
City Council accept the recommendation of the Planning Commission and
that (I).provisions for the relief sewer line be included in the 1975/76
C.I.P. budget for installation prior to the development by Dolezal and
(2) that plains and speci f i'cati ons be prepared in house by staff or by
a consultant with prior. Council approval.
Motion carried.on.the following roll call vote:
AYES: Councilmen Norris, Brown, Graham, Gurnee and Mayor Schwartz
NOES: None
ABSENT: None . -
I -C -1
....City staff brought to Council's attention a further construction permit
affected by the deficient sewer in .Santa Rosa Street below Murray, that
.construction of a 400 square foot addition to a doctor's office for a
waiting room at 100 Casa Street and the staff (Romero/Strong) recommended
the Council take action as with IA, B & C.
On motion of Councilman Norris, seconded by Councilman Brown that the
Council find that the development would.have an insignificant effect
on sewer line and authorized issuance of permit on same basis as motion
IA, IB and IC.
Motion carried on the following roll call vote:
AYES: Councilmen Norris, Brown, Graham, Gurnee and Mayor Schwartz
NOES: None
ABSENT: None
Robert Strong, Planning Director, stated that the Planning Commission felt
that only a resource or facility deficiency had been reported in conjunction
with a permit request or other proposal and a resolution to the problem had
been realized by the City Council, that stated permit or entitlement
requests contributing to that same deficiency need not be reported a
public hearings., they felt that the determination resolving the deficiency
specifically defined the geographic area affected by the deficiency.
A. J. Shaw, Jr., City Attorney, stated that the impression of the Planning
' Commission was wrong and that a correct reading of Ordinance 604 -A,
required a determination on each permit. or entitlement, particularly
in the Level I deficiencies. He concluded that if the Council wished
to follow. the Planning Comm.ission:'•s interpretation of Ordinance 604 -A,
then-]the Council should amend the ordinance to allow this action.
City Council Minutes
January 20, 1975
Page 4
IN
F. E. McNamara, 1900 Monterey - Motor Hotel (Hilton Inn Site)
Problem:
The sewer line serving this property was adequate; however, a downstream
portion of the line on Marsh Street between Broad & Chorro Streets was
currently carrying volumes which exceeded design capacity.
Planning Commission Recommendation:. "
Approve the permit request despite the downstream sewer deficiency and
make no immediate attempt to enlarge the .defi.cient sewer line.. The
deficiency should be considered for a higher priority in the City Capital
Improvement Program, however, the Planning Commission did not have
sufficient information regarding what priority. the subject .item should
receive relative to other important projects and over -all budgetary
limitations of the'City.
The reason for the recommendation was that the Planning Commission did not
feel that the subject deficiency was an emergency and that there was
sufficient time to rectify the probilem without denying permits or other
entitlements. It was the consensus of the Planning Commission that the
cost of the expansion of the sewer line should be borne by the City and
not property owners in the tributary drainage area.
On motion of Councilman Norris seconded by Counci.lman Brown that the City
Council accept the recommendation of the'.Planning Commission,.that the
development had no significant effect on the sewer Dine, with.the staff
to initiate a program of surveillance on flows to avoid further over -'
burdening and that the development of that portion of the sewer line
that was overburdened b`e placed in the 1975/76 C.I.P.. for Council
cons Ideration;..further. this correction to be made at the expense' of the
City due to.its distance from the development...
Motion carried on the following roll call vote:
AYES: Councilmen Norris, Brown and Mayor Schwartz
NOES: Councilmen Graham and Gurnee
ABSENT: None
IE
Pepe Delgado's, 1601 Monterey - Restaurant addition
Prob Iem:
The. sewer line serving this property was adequate; however, a downstream
portion of the line on Marsh Street between Broad & Chorro Streets was
currently carrying volumes which exceed design capacity.
Planning Commission Recommendation:
Approve the permit request despite the downstream sewer deficiency and'make
no immediate attempt to enlarge the deficient sewer. line. The deficiency
should be considered for a higher priority in the City Capital Improvement
Program, however, the Planning Commission did not have suffici -ent information
regarding what priority the subject item should receive relative to other
important projects and overall budgetary limitations of the City.
1
1
1
City Council Minutes
January 20, 1975
Page 5
The reason for the recommendation was that the Planning Commission did
not feel that the subject deficiency was an emergency and that there
was sufficient time to rectify the problem without denying permits or
other entitlements.. It was the consensus of the Planning Commission that
the cost of the expansion of the sewer line should be borne by the City
and not property owners in the tributary drainage area.
On motion of Councilman Norris, seconded by Councilman Brown that the
City Council accept the recommendation of the Planning Commission;
that the development had no significant effect on the sewer line, with
the staff to initiate a program of surveillance on flows to avoid further
overburdening and that the development of that portion.of the sewer .
line that is overburdened be placed in the 1975/76 C.I.P. for Council
consideration, further this correctionto be made at the expense of the
City due to its distance from the development.
Councilman Gurnee opposed City taxpayers paying for updating the sewer
line without participation by those who are causing the overburdening.
Motion carried by the following roll call vote:
AYES: Councilmen Norris, Brown and Mayor Schwartz
NOES: Councilmen Graham and Gurnee
ABSENT: None
IF
' Harrison- Knorr, 1021 Rallroad Avenue - Remodel former railroad
express building and furniture manufacturing sales
Prob I em:
The sewer line. serving this property. was adequate.; however, the downstream
main in Islay Street between Beach & Chorro Streets was currently carrying
volumes which exceeded design capacity. Although this main is over-
burdened it did not present problems. at this time.
Water lines to serve this building were owned by the Southern Pacific
Railroad Company. At present time the water line was shut off, thus
water supply might be inadequate for domestic purposes and therefore,
would be inadequate for fire suppression purposes.
Planning Commission Recommendations:
The Planning Commission recommended that the permit be approved despite
the dow.nstream sewer deficiency and that the City make no particular
effort to enlarge the facility until it showed signs of duress or main-
tenance problems.
The project would have to be served with adequate domestic water supply
,
and sufficient water flow for fire suppression prior to occupancy regard-
less of Ordinance No. 604 -A.
On motion of Councilman Gurnee, seconded by Councilman Graham that the
recommendation of the Planning Commission be accepted and that based on
staff findings that there would be an insignificant increase in sewage
from the development that permit be granted, with staff to keep sewer
facilities under study and include the improvement in the 1975/76 C.I.P.
Further, that the City Council accept the recommendation of the Planning
Commission that the developer put in an adequate water supply in accordance
with existing City ordinance requirements.
City Council. Minutes
January 20, 1975
Page 6
Motion carried on the following roll call vote:
AYES: Councilmen Gurnee, Graham, Brown, Norris and Mayor Schwartz
NOES: None
ABSENT: None
IG .
Teakwood Terrace, Inc., 2930 Los Osos Valley Road - Planned Development/
Tentative Sub. Condominiums.
Problem:
The project was not within a one -half mile radius of an acceptable recreation
facility (Level 11 report).
Planning Commission Recommendation:
The Planning Commission recommended that the City continue planning and
programming in regard to park deficiencies as a part of the General Plan
revision.
R. Strong, Planning Director, stated that upon further staff study the
proposed project density would be approaching the maximum allowable population
of the water system in that end of the Los Osos Valley.
A. J.. Shaw, City Attorney, recommended to the City Council that.they take no
action on this proposal as it had not had full consideration by the Planning
Commission and further that this project follow the adopted 604 -A procedures.
On motion of Councilman Gurnee, seconded by Councilman Brown that Council
accept recommendation of the Planning Commission as far as the park land
.was concerned and that water.deficiency be referred to Planning Commission for
recommendation.
Motion carried on the following roll call vote:
AYES: Councilmen Gurnee, Brown, Graham, Norris and Mayor Schwartz
NOES: None
ABSENT: None
IH
Charles French, 3100 McMi l,lan Avenue -. Tent_at'ive subdi'visio'n
(industrial zone)
Problem:
The project is not served by sewer.
Planning Commission Recommendations:
The Planning Commission recommended that a sewer assessment.distri . ct.be
formed immedi -at ely to serve the subject project and immediate area along
McMillan Avenue.
1
City Council Minutes
January 20, 1975
Page 7
On motion of Mayor.Schwartz, seconded by Councilman Gurnee that the
City Council determine that this development was not a proper matter
for consideration by provisions of Ordinance 604 -A.
Motion carried on the following.roll call vote:
AYES:.. Councilmen Gurnee, Brown, Graham, Norris and Mayor Schwartz
NOES: None
ABSENT: None
2. At this time the City Council considered the FINAL PASSAGE
of ORDINANCE 629, an ordinance of.the City of San Luis Obispo amending
the subdivision ordinance in the Municipal Code to limit the in -lieu
fees for park dedi.cation purposes to a maximum of $150 per dwelling
unit until December 31, 1975.
Mayor Schwartz declared the Public Hearing open.
No one appeared before the City Council for or against the ordinance.
Mayor Schwartz declared the Public Hearing closed.
On motion of Councilman Norris, seconded by Councilman Brown, the
ORDINANCE.629. was introduced-for-final passage.
Passed.and.adopted on the following roll call vote:
AYES: .Councilmen- Norris, Brown,. Graham and Mayor Schwartz
•
NOES: Councilman Gurnee i
ABSENT: None
8:50 P.M. Mayor Schwartz declared a recess.
9:00 P.M.• The meeting reconvened with aill Councilmen present.
3.. Robert Strong, Community Development Director, reported to
the City..Council on, the progress, of the General Plan Revision progress
and.stated. that the plan had moved along to the point that the first
meeting on the study by the Planning; Commission and affecting the people
wou I d: be he l d on Feb ruary 18,: 19.75. He i nv i ted a l l members: of the
Council -and publi -c to attend at,which time the first review of the work
,to_date.:would.be. presented to the City of San Luis Obispo.
114A.._ ,. Robert Strong, Community Development Director, stated that. the
General Plan Revision Program implied a coordinated cooperative effort
between the City and the County which would produce a single compre-
hens-ive plan. and he felt that the formation of a City- County staff
planning team, -when implemented, would facilitate this effort.
He.continued.that plan preparation program contemplated initial public
hearings would be .scheduled as joint meetings between the Planning
Commissions of both the City and the County with invited attendance -
of the Airport Land Use Committee,-the Ad Hoc-Resources Inventory;Task
Force and other commissions, boards and interested group representatives
1 providing a citizens' forum. It was apparent that a more structured•;
approach was appropriate to the extended plan formulation and refinement
City Council Minutes
January 20, 1975
Page 8
and implementation program now being proposed. He felt that a coordinated
cooperative planning process warrants consideration by the City Council and
the Board of Supe ry isors of a consolidated advisory group composing an
area planning commission. Therefore, he requested that both .agencies
consider the creation of an Area Planning Commission concurrent with the
formation of a City- County staff planning team.. He suggested that the
Commission be charged initially with formulation of policy and plan
alternatives and subsequently with plan element refinements and finally
with plan implementation program coordination between the City and County
for all physical development activities within the planning area. He
wished to assure the City Council that the Area Planning Commission
would not supersede either existing planning commissions but rather
would supplement both, coordinating the programs of both agencies and
resolving con'fl.icts. in the event. of dispute.'. Therefore, on behalf of
the County Planning Director. and City Staff, Robert Strong recommended
that the Area Planning Commission be composed of at least seven. appointed
representatives which would include at least two members of the City
Planning Commission, two members of the. County Planning Commission, one
member appointed by the City Council, one member appointed by,the Board
of Supervisors and one member selected by. the other six. Further, the
Area Planning Commission, once organized, might wish to include
representation for the A!rport.Land Use Commission, the Zone 9 Advisory
Committee and other special purpose advisory bodies to help with specific
component program coordination. The City Planning Commission, by informal
poll six to none, endorsed the concept advising the additional stipulation
that at least five of the seven members or a like proportion from a
larger group be composed of representatives residing in the prescribed
planning area or 2) that the specific appointments be'made by both agencies
should be mutually acceptable. He concluded that if the concept was
acceptable to the City Council and the Board of Supervisors that the
core of the Area Planning Commission, composed of at least the seven
members specified, be selected immediately which would enable the conduct
of workshop sessions on the General Plan for February 25, 1975 and
initial public hearings to begin on March II, 1975.
A. J. Shaw, City Attorney, suggested that with the Commission proposed
by the Planning Director consisting of seven members with three members
appointed by the City and three members appointed by the County and
the seventh member to be selected by.the six appointees, he felt that
in order to allay fears on -the part of either the County or-the City,
that such a Commission might be controlled.by either the County or-City
depending upon the viewpoint of the seventh member, the City Attorney
suggested that the Council might wish to consider a Commission modeled
along the lines of the Whale Rock Commission. In that case the City
would appoint three members and the County appoint three members and
any matter approved by the Commission would have to have the affirmative
votes of two members from the City and two members 'from the County. The
City Attorney felt that this was a good approach and had worked very well
with State and City relations on the Whale Rock Commission:
Kevin O'Connor, ASI Representative for City - County. Affairs from Cal Poly,
presented a resolution of the student body for Council consideration as
part of the discussion of the proposed Area Planning Commission. He
stated that with the impact that Cal Po.ly had on the community, they
hoped that one of the representatives would be 6'University Planning
official so that better planning and cooperation could be had between
the City; the County and the University.
Allan Settle, Planning Commission member, spoke in support of the proposal
for an Area Planning Commission, and also spoke in support of the suggestion
of the ASI that a University staff member be appointed to the Commission.
City Council' Minutes
January 20, 1975
Page 9
On-motion of Councilman Brown; seconded.by Councilman Norris, RESOLUTION
NO. 2714 wasintrpduced, a resolution of the Council of•the City of San
Luis Obispo•apprOving, in cooperation with the County, a temporary Area
Planning Advisory Commission to advise the City and.County-in.the
preparation-of tis General Plan.
Passed and adopted on the following roll call vote:
AYES: :Councilmen Brown, Norris and;Mayor Schwartz
NOES: Councilmen Graham and Gurnee
ABSENT: None
Councilman Gurnee stated that-he was in strong support of the staff
recommendation for the formation of a City- County Joint Area Planning
Commission which;he felt was a good vehicle for the development of.
San Luis Obispo area which•would be on a cooperative basis with:the
various agencies in the Greater San Luis Obispo area.
Councilman Norris stated that he too would support the proposal for
an advisory committee to the City and County Government on planning
of the area and would support an ad hoc concept but not with joint
power authority:
Councilman Brown stated that he would support the proposal of three
members from -each Planning Commission; City and.County',:. with the
requirement:that two affirmative-votes from each agency be necessary
in order for a matter to pass.
Mayor Schwartz stated that he supported the concept of a pre - planning
commission -to cooperate on City- County-Ge.neral:Plan with County repre-
sentatives on the Committee-. He., too, stated that he would support,the
proposal for a six.person advisory committee, three City, three County,
with two affirmative votes needed from each agency to adopt recommendations.
Councilman Gurnee felt that at least one County-representative and.one
City representative should be an elected official - a Councilman or
,-Supervi;sor - as he felt that many decisions were political and:shou.ld .
include elected officials and not just appointed personnel. .
Councilman Brown stated that he did not feel that the Commission would
make good advisory decisions if it contained elected officials who
1
ultimately-;must :vote on the -final program.
Councilman Graham stated that -he felt that the representatives of the
Council and the Board of Supervisors should be on the Committee from
its inception.
On motion of Councilman Gurnee,iseconded by Councilman Graham that the
City Council adopt a proposal for a temporary Area Planning Advisory
Commission to advise the in.the preparation of•the
.City.and;County
General Plan to consist of two Planning Commission members of the City, .
two Planning - .Commission members of the County, one City Councilman and
one Supervisor fora total of six members with the voting concept
similar to that of:•the.Wha.le Rock Commission.
Mot -ion lost on the following roll call vote-
AYE S Councilmen Gurnee.and Graham
NOES: Councilmen Brown, Norris and Mayor Schwartz .
:ABSENT: None
On-motion of Councilman Brown; seconded.by Councilman Norris, RESOLUTION
NO. 2714 wasintrpduced, a resolution of the Council of•the City of San
Luis Obispo•apprOving, in cooperation with the County, a temporary Area
Planning Advisory Commission to advise the City and.County-in.the
preparation-of tis General Plan.
Passed and adopted on the following roll call vote:
AYES: :Councilmen Brown, Norris and;Mayor Schwartz
NOES: Councilmen Graham and Gurnee
ABSENT: None
City Counci 11 Minutes
January 20, 1975
Page 10
5. Memorandum from Councilman T. Keith Gurnee stating that the
most important. task 'faci'ng: the C1ty. today was the timely completion of
a quality. General Plan. The two major items that were interfering with
the progress of the General Plan must be solved immediately:
I. The confusion surrounding the City Hall reorganization 1
and staff relationships; and
2. The ever increasing demands on the'existing Community
Development staff to administer new ordinances; start
new programs and complete the General Plan studies.
Therefore, Councilman Gurnee asked that the City Council hold a special
session at some noon to discuss. 1) the immediate, effective implementation
of the approved City Hall reorganization and 2) satisfying staff needs
to accomplish both the General Plan and the many other ongoing impending
tasks. He suggested that the study session, if approved by the Cify
Council, should only involve these items as ;they related to 'the General
Plan and not to have other business items which-would put pressure on
the Council' to make other decisions.
The City Council asked what was the status of the reorganization and status
of personnel*
ersonne I • within the new 'departments.
R. D. Miller, Administrative Officer, stated that he had nothing i'n writing
to present to-the City'Council at this time but that he cou'id make a
presentation on a skeletal description of the status at this time and
that he only could present that verbally.
The majority of the City Council "stated that they would rather have the
report in writing in order to really consider the report after some study '
and concentration by members of the Council:
On motion of Councilman Gurnee, seconded by Councilman Brown,'that this
matter be continued to a special noon meeting on Thursday, January . 23,
1975, in order to discuss "this proposal in detail.
Motion carried, -all "Ayes ", with Councilman Norris voting "No"
6. Memorandum from D. F. Romero, City Engineer, regarding City -
policy concerning City participation in the construction of Mission -style
sidewalks in the downtown area. He stated that the staff had reconsidered
all alternates for City participation in the installation and payment of
Mission -style sidewalks. The intent ofthe study was to devise a City
policy which would be legal, easily administered and which would encourage
installation of this type of sidewalk. He continued that the staff dis-
cuss administering the program under publically administered contract,
under informal contract, through "assessment district procedures, or by
insertion of a provision in the code calling for installation of Mission -
style sidewalks as a condition of the building permit. All of these
options carried with them the implication of using a great deal of staff
time which could be put to better use on projects listed within the City
budget and'C.I.P. The staff also considered the possibility of City -
compensating property owners an increased rate for the side frontage of
a corner lot'in'orde'r to encourage installation of Mission -style sidewalks; ,
however, the staff felt this approach unduly complicated administration
of the program and was certain to create inequities.
After study, it was the conclusion of the staff that the simplest and best
appraoch to encourage Mission- style sidewalks would call for the City to
offer a "gift of public funds for municipal purposes" to any property
City:Council Minutes
January 20, 1975
Page II
owner who wished to install Mission -style sidewalks in front of his property.
Passed and adopted on the.following roll call vote:
AYES:. Councilmen Brown; Graham, Gurnee, Norris and Mayor Schwartz
''NOES: None
ABSENT: None
7. ' Memorandum-from A. J. Shaw, Jr City 'Attorney, regarding a change
' order for extra work required by the Baker Constructi.on_ Company . for the
Cross -town Feeder Contract. The City Attorney stated that he had reviewed
the letter from Attorney Lloyd Somogyi on behalf of the Baker- Construction
-Company regarding al leged'ambiguities in -the City's contract for the
Cross -town Feeder Job involving the contractor's claim for an additional.
$15,215 for fittings which were not adequately described in the call for
bids. He stated that he had reviewed this complaint with the various City
staff members:i'nvolved, Wayne Peterson, Assistant City Engineer; John'
Quirk, Assistant.Wateir Department Director ; -and stated that he felt that
if the contractor were to file suit 'against the City that he felt that
the City would be able to present a.stron.g -defense from the point of view
of the 'City's interpretation of the contract. .However., the City Attorney
stated that recognizing the propensity of courts and juries to award
judgments against 'public. agencies .whenever, they were involved in judicilal
proceedings, i'f 'there .was any .serious question as to the position taken
by 'the public agency, and recognizing that 'the Baker bid.was.considerably
lower than the next highest bid, he' suspected that the. City, would 'have a
substantial judgment entered against it if the matter went to trial;
therefore, it would be his recommendation that the City issue. a-:contract
change order'adding: the missing- fittings to the contract for the amount
involved of $15,215.
Lloyd E. SomogVi Attorney.-for_ Baker Construction.Company,. appeared
before the City. Counci I , 'and commented on '.the City Attorney':s comments
and reviewed for;the' City Council, some of-what he felt were ambiguities
' in the contract and he, too, urged the City Council to accept the
recommendation of the City Attorney and grant the change order.req.uested.
On motion'of Councilman Gurnee, seconded by Councilman Norris, that the
City Council :accept the recommendation of :the; City Attorney and authorize
the -preparation of . a change 'order i.n the amount of $15,215. Motion
carried, all "Ayes ".
The amount-of-the City contribution could be established to'either reflect
actual cost between Mission - style and a standard sidewalk,' approximately
$1.25 per square 'foot at this time, a lesser amount, or a greater amount,
if the Council wished to provide additional incentive. This City square
1
foot contribution-could be reivewed on- an annual basis and adjusted, if
necessary.: 'Therefore 'the staff recommended that the program apply only
to the•Iimited, core area near Mi.ssilon Plaza with the understanding; however,
that the area could be expanded quite easily at any future:date to cover
any additional portions or all of the downtown's City area.
The City-Council discussed with the'City staff the recommendation regarding
an approach to encourage the installation of.Mission -style sidewalks .in
the downtown City area.
On motion of Councilman Norris, seconded by Councilman Brown, the following
Resolution- was introduced: RESOLUTION NO. 2715; -:a resolution of the.
Council of the City:of San Luis Obispo requiring construction of Mission -'
style- sidewalks in the vicinity of Mission Plaza, and authbri.zing coritr,i-
bution of City funds to such construction. :
Passed and adopted on the.following roll call vote:
AYES:. Councilmen Brown; Graham, Gurnee, Norris and Mayor Schwartz
''NOES: None
ABSENT: None
7. ' Memorandum-from A. J. Shaw, Jr City 'Attorney, regarding a change
' order for extra work required by the Baker Constructi.on_ Company . for the
Cross -town Feeder Contract. The City Attorney stated that he had reviewed
the letter from Attorney Lloyd Somogyi on behalf of the Baker- Construction
-Company regarding al leged'ambiguities in -the City's contract for the
Cross -town Feeder Job involving the contractor's claim for an additional.
$15,215 for fittings which were not adequately described in the call for
bids. He stated that he had reviewed this complaint with the various City
staff members:i'nvolved, Wayne Peterson, Assistant City Engineer; John'
Quirk, Assistant.Wateir Department Director ; -and stated that he felt that
if the contractor were to file suit 'against the City that he felt that
the City would be able to present a.stron.g -defense from the point of view
of the 'City's interpretation of the contract. .However., the City Attorney
stated that recognizing the propensity of courts and juries to award
judgments against 'public. agencies .whenever, they were involved in judicilal
proceedings, i'f 'there .was any .serious question as to the position taken
by 'the public agency, and recognizing that 'the Baker bid.was.considerably
lower than the next highest bid, he' suspected that the. City, would 'have a
substantial judgment entered against it if the matter went to trial;
therefore, it would be his recommendation that the City issue. a-:contract
change order'adding: the missing- fittings to the contract for the amount
involved of $15,215.
Lloyd E. SomogVi Attorney.-for_ Baker Construction.Company,. appeared
before the City. Counci I , 'and commented on '.the City Attorney':s comments
and reviewed for;the' City Council, some of-what he felt were ambiguities
' in the contract and he, too, urged the City Council to accept the
recommendation of the City Attorney and grant the change order.req.uested.
On motion'of Councilman Gurnee, seconded by Councilman Norris, that the
City Council :accept the recommendation of :the; City Attorney and authorize
the -preparation of . a change 'order i.n the amount of $15,215. Motion
carried, all "Ayes ".
City Council Minutes
January 20, 1975
Page 12
8: The :City Clerk, as a follow -up to the October 4, 1974 report.
regarding clerical.staff and clerical work i.n the City Clerk's office,
submitted a progress-:report as requested .by 'the 'City Council: 'The City
Clerk reviewed in detail:the work being handled in the office by the clerical
staff'and felt that to' really get on top of thie program, to try to "get the
work up to date would require.the addition of one full -time position of 1
Typist Clerk - Receptionist which would relieve the secreta ry from :many of the
receptionist duties she presently handled.
Several members of the City Council agreed that it was their experience in
cal "ling or visiting the .City Clerk's office that the cleric6lstaff'was
overburdened and had a difficult time ih.keepi'ng on top of the work and
therefore felt that the City Council should consider addition of. staff at
this time.
On motion of Council:man-Gurnee:` seconded by Councilman Graham that the City
Clerk.be. authorized one additional Typist Clerk to be hired as soon as
possible and that, the budget be augmented when ;necessary to complete this
fiscal year.
Motion carried all "Ayes ", no "Noes ". none absent.
9. The. City Council again continued their discussion of the City
Newsletter for the calendar year 1975 to be issued on a quarterly basis.
This matter was continued from the January 13, 1975 meeting. Councilman
Brown stated that he had not changed his mind and that he felt that the
City should continue the Newsletter for one more year, four issues, in
order to see what reception it received from the public. He felt that the
second Newsletter was an excellent production and he heard many favorable
comments from the pub.li.c....
Councilman Gurnee stated that he, too, would agree that the Newsletter !
should be tried for a one -year basis with' quarterly issues of the Newsletter
going out and he hoped that additional questionnaires or participation by ',
the public might continue support as was given to the second issue.
Councilman Norris' stated that he was opposed to the continuation of the
Newsletter. He felt that the C.i ty. rece i'ved . good , expe r.i ence in the two
issues they'put out. He felt that the information presented was-'dated, the
questionaire could have been better handled,, that. the questions were improper
and poorly written. and he did not feel that the Newsletters were well
received by the public and he did riot feel that they should-be continued.
He also objected to authorizing an expenditure for a'News.letter four times.
in a calendar year in the middle of:.the.budget season. 'He felt that this
matter should be continued to July• when the new budget was made 'and. public
input could be received.
Mayor Schwartz stated that he :too was in support of.:continuing the Newsletter.
He felt that there had been good .response from the public and,felt that the
people were well served by this small expenditure of public funds.
On motion of Councilman. Gurnee ,-.seconded by..Councilman'.Brown' that the City
authorize four issues'of the Newsletter-for the calendar year 1975 on a
quarterly basis with the-.City Clerk to. coordinate . each publication.: ..,
. ,.. ..
Motion carried, al.l "Ayes ", Counci lman.•Norris voted : "No ": ... -�
10. City staff brought to the City Council a problem created by.
property owners- in Underground Uti l i.ty District .#7-: who had: not :yet comp l iced
with request to place.facilities underground., - although communicatfons.had
been sent out in accordance with the requirements of the Municipal Code..
City Council.Minutes
January .20, 1975
Page 13
J H. Fitzpatrick City Clerk- Director of Finance, submitted a recommenda-
tion to the City Council stating.that the.F.inance Department of the City;
supported the request of the Citizens' Advisory'Committee to have'the
.Ci-ty Council author! ze.a. rate _ study of .sewer and water rates charged by
the City. The City Clerk felt that this information would be invaluable
to the City whether or not the utility rates were adjusted by the City
Council.
He continued that the purpose of this recommendation, in addition to
supporting.. the CAC,'s request, was to, ask-the City Council to consider
the al.-location, of funds to install. a fixed.asset accounting' system to.,
keep the information.from the study on a.cur.rent, continuing.basis. Such
a system..wouIId eventually be used to account for all City. assets', not
only - sewer: and water assets. W.ithout.the installation of such a system
and the continuous updating of the information the .mbjority dollar value
of the proposed rate study, proposed by the CAC, would be lost.
The City C.ler.k also .stated , that he. and his staff would be available at al.l
times during the study to;help.the consulstant.or the Citizens' Advis ory
Committee ...in.their.de11be rat ions
Richard D. Miller.: Admini.strative Of,ficen, stated.that. if.the.City Council
wished to proceed and accept the recomm- .ndat.ion of .the.CAC, the cost could
be funded out of current reserves and he, too, .supported the .request as
an attempt to get a.handle on the actual cost of operating the sewer and
water - systems.:..
D. F. Romero, City Engineer, stated that six property owners had -not
complied to date, and further that these. six property.owners, were not .
making. any attempt to connect to the.underground system...Mr..'Romero
stated that he again submitted a letter to the six'property owners
spelling out the provisions of the Municipal Code and also stating
that the City Council has.the authority;to order.the disconnection and.
removal of any and all overhead service.'wires.and associated-.facilities
supplying utility services to said properties.
A. J. Shaw, City Attorney, explained the legal responsibility of the .'
property owners to do work at the formation of the district. He further
stated.that.h.is investigation showed that..the City.had taken every step
required by the Municipal.Code in an attempt to.get the property owners
to comply with the ordinance.
On motion of Mayor Schwartz, seconded by Councilman Norris,that the City.
notify the affected property owners that they ..were'to p.�oceed: with the
installation of.underground facilities to'accept the.utili.ties or that
the City would disconnect.them, within ten days_, Motion carried, all
"Ayes".
II. Charles. Dills Chairman of the Citizens'.Advisory Committee,.
submitted a recommendation to the City Council.from the committee that' .
they_ i n i t.i J. mmed i ate l y.• a. rate study on sewer.:and water rates . for the.
-ate
City of San.Luis Obispo. The committee felt that at the. present time
there were no reliable'up to. date, information on the value or condition
of the existing water and sewer systems, there was no schedule showing
when existing facilities were -going to. need replacement, there was no .
established fund.to cover replacement cost and they felt that.the City
approaching further crises in the water and sewer, systems. and'
.was-rapidl-y
that a utility rate study would better place the City Council in,a.position
of knowing what the problems were and where the costs would' be to improve
the system and: what revenues would be needed from the services to have,
the system pay .their own way.
J H. Fitzpatrick City Clerk- Director of Finance, submitted a recommenda-
tion to the City Council stating.that the.F.inance Department of the City;
supported the request of the Citizens' Advisory'Committee to have'the
.Ci-ty Council author! ze.a. rate _ study of .sewer and water rates charged by
the City. The City Clerk felt that this information would be invaluable
to the City whether or not the utility rates were adjusted by the City
Council.
He continued that the purpose of this recommendation, in addition to
supporting.. the CAC,'s request, was to, ask-the City Council to consider
the al.-location, of funds to install. a fixed.asset accounting' system to.,
keep the information.from the study on a.cur.rent, continuing.basis. Such
a system..wouIId eventually be used to account for all City. assets', not
only - sewer: and water assets. W.ithout.the installation of such a system
and the continuous updating of the information the .mbjority dollar value
of the proposed rate study, proposed by the CAC, would be lost.
The City C.ler.k also .stated , that he. and his staff would be available at al.l
times during the study to;help.the consulstant.or the Citizens' Advis ory
Committee ...in.their.de11be rat ions
Richard D. Miller.: Admini.strative Of,ficen, stated.that. if.the.City Council
wished to proceed and accept the recomm- .ndat.ion of .the.CAC, the cost could
be funded out of current reserves and he, too, .supported the .request as
an attempt to get a.handle on the actual cost of operating the sewer and
water - systems.:..
City Council Minutes
January 20, 1975
i Page 14
Robert Strong, Planninq Di rector that the Planning Commission also
supported. the request of the CAC as' they fe It that this wou I d' be an important
element of information. for the Genere'l:Plan studies underway now and for.'+he
future.
Councilman Brown stated that he. was 'in support of'the rate study w,ith.recommended
rates to come from a'consultant'forCouncil consideration.
Councilman Graham also stated that he was in support of the rate study as
requested by the CAC -.
Councilman Gurnee stated that. he.; too, was in support'of. the study but, that;
he would ask that as a condition of the study,'that the.rates be.presented .:
to the Council in four different ways:
a.. decl.in.ing brackets
b_. g i ven, rate - -f l et' rate..
C. progressive rate.
d. guarantee resource income = minimum block' - minimum rate
with larger increase for volume users
Councilman Norris stated that he was opposed at'tkis._time to undertaking any
additional studies. He felt that the City shou•id h91d.off until some of these
studies unde.rway`were.completed and.the Council could see where.they'were
going. .He felt.there were- too many studies going.on'in•different areas
which were just.keep.ing the staff completely off balance:
Mayor Schwartz stated.that he was in favor of the CAC recommendation and
felt that the i-n_formation was needed.so that the Council could act,with
knowledge when it came to. rates or when it'came to' improving sewer:and' water
systems in the City.
On motion of Councilman Gurnee, seconded 'by Councilman -Brown the City
Council authorized the staff to solicit proposals including the four alter
nate rate structures.
Motion ca.rri.ed.on the following roll call' vote:
AYES: Councilmen Brown,, Graham, Gurnee, Norris'and Mayor Schwartz
NOES: None
.Ii
ABSENT:. None.
12. Communication from the Franchise,Tax Board regarding Assembly'
BilI No. 475 which;would' deny State income'tax'deducti:ons to Ian'dlord's'who
refused to 'repair sub:- standard rental housing. 'This was a' program' adopted
by the State Legislature. wh].ch would authorize the.e'limination of tax
deduc -lions for home. improvements. or for taxes for land Io-rds who di'd not
I
make repairs to their homes.'
A. J. Shaw., City Attorney, submitted a copy. of Chapter 238,, 1974.Legis_lation,
which added sections of the.State's• Revenue and Taxation Code providing that
landlords who failed to repair sub - 'standard rental housing after City noti'
f i catIon to do so should be denied taxes, 'Interest', amort i z'at i on 'and depre-
ciation cost; on said property. as deductions from their State ;i•ncome taxes.
The City Attorney stated that the .`law placed a substantial burden upon'any.
City trying to make the law work.. It.was not something that could be imple-
mented as staff time was available or as a result of low workloads in other
areas. If the City desired to implement the Iaw, the City'shouId adopt -
detailed procedures which are followed meticulously and on time each time.
The Act further indicated the State would reimburse Cities for costs incurred
but the City Attorney felt that such reimbursement would apply only to the
added reporting procedures involved and not to the normal housing inspection
program.
City-Council-Minutes
January 20; 1975
Page 15 ,
Based on the City Attorney's interpretation, the communication was referred
to the.Planning Commission for their consideration, the Housing Authority
for their informations to the Human Relations Commission, for their information,
the Citizens' Advisory Committee for their information and to Cal Poly for
their information, and also referred to Robert Strong, Planning Director,
for his information and possible action on an emergency basis and complaint
only.
13. Communication from A.J. Shaw, Jr., City Attorney, re ccmmendirig
that the City Council consider amendi.ng the Municipal Code regarding
_pol-ice officers at,public dances. He stated that the present interpretation
of Section 6100.40 required that the Police Chief provide at least two
uniformed officers during public dances and in light of the recent Federal -
Labor Standards Act dealing with overtime, that if the City authorizes
police officers to act as security officers at dances, the City might have
to consider such time. as "work time ". He recommended that the ordinance.
be changed, and that the applicant must provide two or more uniformed
members of a City licensed private patrol service as .defined in the Municipal
Code.
On motion.of Councilman:Gurnee, seconded.by Councilman. Graham the following
ordinance was introduced and passed to print:. ORDINANCE NO. 631, an
ordinance of.the City of San Luis.Ob.ispo requiring..uni:formed.pr.ivate patrol
protection at public dances.
Passed and adopted on the following roll call vote:
AYES: Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz
NOES:,.None
ABSENT: None
14. Communication from San -Luis Garbage Company regarding the contract
with the City of San Luis Obispo.and requesting that the City Council consi-
der re- negotiation of the contract which expired on December 31, 1978, and
asking that it be extended.for a full ten years so that the Company can
provide better service to the people of San Luis Obispo -by making capital
investment which would not be justified if the contract is not extended.
On motion of Councilman Gurnee, seconded.by Councilman Brown that the
matter be referred to -the City staff, for study and for recommendation of
conditions for Council consideration of extending the garbage contract.
Motion carried, all "Ayes ".
15. A communication, from the County Sheriff- Coroner's office requesting
that the City .Council consider reserving of a minimum of five curb -side
park.ing spaces in front of the side entrance of the new Municipal. Court
on Palm Street at the Veteran's Building near Grand Avenue for te purpose
of transportation of. prisoners to.and. from : the court..
On motion of Councilman Graham seconded by Councilman Brown the following
resolution was introduced: RESOLUTION NO. 2716, a resolution of the Council
of the City of San Luis Obispo establishing a passenger loading zone on
Palm Street.
' Passed and adopted on the following roll call vote:
AYES:.. Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz
NOES: None
ABSENT: None
City Council Minutes
January 20, 1975
Page 16, 1975
16. A communicat'ion.from ECOSLO requesting more City support of the
recycling center`. operation on Prado Road was requested to.be`. re move d from.
the agenda at the .'request of Bruce Patrovsky:
17. Communication from the City Planning Commission :recommending that
the-City Council consider the abandonment of. Hathway Street north of Murray
Avenue to the Southern Pacific Railroad right -of -way.
The abandonment request was approved by the Planning Commission in .conjunction
with the use permit request to construct an 82.unit apartment complex at
1262 Murray Avenue', contiguous to the subject street.aliandonment. The
Planning Commission felt that there would not.be'any need for this.street in'
the future. It was not being used at the present time and under the following
conditions they-recommended that_the abandonment be approved retaining utility
and drainage easements:
I. The adjacent property owners to whom the street easement was
being relinquished would remove the existing asphalt covering
and plant suitable ground cover for soil retention acceptable
to the City. Wity respect to the property at 1262 Murray
Street subject to conditions of the Use Permit, -the property
owner would develop one -half of the subject street for parking
and landscaping in conformity With the site plan approved by
the Planning Commission and the 'Architectural Review Commission.
2. The entire street right -of -way would be reserved for utility
and drainage easements and a portion retained for public
pedestrian access to be designated for said utilization at
the discretion of the City.
On motion of Councilman Grahm, seconded by Councilman Gurnee, the following „
resolution was Fntroduced: RESOLUTION'NO. 2722,.a'resoluati'on of intention.'
to abandon 'a portion of Hathway Avenue.
Passed and adopted on the.following roll call vote:
AYES: Councilmen Graham, Brown, Gurnee, Norris and Mayor Schwartz.
NOES: None
ABSENT: None
18. Memorandum from the Waterways Planninq Board requesting that the City
Council approve the following.actions of'the Waterways iPlanning Board.
Application No. 089: proposed grading adjacent to San 'Luis Creek' at Higuera
Street and Prado Road by Walter'Brothers Construction Company.
Application No. 090, proposed 'grad ing'and construction over the creek at
the end of. Foothill Boulevard adjacent to Cal Poly, Dr. Thomson's prope rty.
Application No. 091, proposed extension.of. a corrugated.metal pipe within a
waterway at 2795 Johnson Avenue by Ken'Maclntyre,
D. F. Romero, staff member to the Waterways Planning Board, presented sketches
showing what was being recommended by the Wate'rways Planning "Board.
On motion of Mayor'Schwartz, seconded by Councilman Brown 'th'at the three
applications recommended by the Waterways Planning Board be approved by the
City Council. Motion carried, all ayes.
1
1
City Council Minutes
January 20, 1975
Page 17
19. D. F. Romero presented for the Council's consideration plans
and specifications for LAGUNA LAKE PARK DEVELOPMENT, PHASE 111, City Plan
No. 32= 74...This project would consist.of roadway construction; parking
lot, erection of restroom -. facilities; installation of sanitary sewer,
installation of waterline, and 1 nstal I ation ;of an underground electrical
service, Iandscaping,:irrigation system, and picnic facilities. The
estimated -cost was $70,750. City Budget of $67,088 with the State to
reimburse up to $28,577 in federal funds. C.I.P. #14.
On motion of Mayor Schwartz,.seconded by Councilman•B row n the City
Council approved the plans and'specifications and authorized the call
for bids. Motion carried, all ayes.
On motion of Councilman Gurnee, seconded by Councilman Brown consent items
C -1, C -2, C -3, C -4, C -5, C -6 and C -7 were approved as recommended.
C -1 Claims against the City of San Luis Obispo were authorized
payment subject to approval by the Administrative Officer.
C -2 The following salary step increases were approved effective
February I, 1975: ..
Caren D. Agueda - Secretary.
From Step I or $624 to Step 2 or $660
Casey W. Allison - Water Supply Assistant
From Step l or $700 to Step 2 or $738
Neal Alston - Maintenance Man 11
From Step 2 or $738 to Step 3 or $784
Sidney D. Bartholow - Police Officer
From Step 2 or $946 to Step 3 or $1,002
Richard P. Brown - Maintenance Man ll.
From Step I or $700 to Step 2 or $738
John A. Hue Isman - Police Officer -
From Step 2 or $946 to Step 3 or $1,002
Brian F. Lapworth - Fi reman
From.Step 2 or $886 to Step 3 or $934
Alan D.,Matthews - Police Officer
From Step 3 or $1,002 to Step 4 or $1,056
Anthony R. Oliveira - .Meter Reader
From Step 3 or $784.to Step 4 or $804
James W. Ritterbush - Fireman
.From Step 4 or $988 to Step 5 or $1,042
Walter Sanville - Planning,Assistan.t
From Step I or $946 to Step 2 or $1.,002
Malcolm W. Stone - Po I i ce Officer
From Step 3 or $1.,002 to Step 4 or $1.,056
Richard R. Veilleux - Janitor
From Step l or $608 to Step 2 or $640
Erwin L. Willis - Fireman
From Step I or $838 to Step 2 or $886
City Council Minutes
January 20, 1975
Page 18
C -3 The. claim against the City of San..Luis.Obispo by Arnett $
Broadbent for .damage for sewer back up at 183 Stenner Street., Apartment 3
was denied and referred to the insurance carrier.
C -4 The City Attorney's letter to Municipal Court approving.t,ri-al.
by declaration was confirmed.
C -5 On motion of Councilman Gurnee, seconded by Councilman Brown
the following resolution was introduced: RESOLUTION N0: 2717 (1975 Series),
a resolution establishing p recincts and polling places and appointment of
inspection officers for the General Municipal Election.to be held on
March 4, 1975.
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee,. Brown, Graham, Norris and Mayor. Schwartz
NOES: None
ABSENT: None
C -6 On motion of Councilman Gur
following resolution was introduced:
adjusting the 1974/75 budget.
ee, seconded by Councilman Brown the
RESOLUTION NO. 2718, a resolution
Passed and adopted on the following roll call vote :.
AYES: Councilmen Gurnee, Brown, Graham, Norris and Mayor Schwartz
NOES: None
ABSENT: None
C -7 The City Administrative.Officer announced,the appointment of
Janice E. Balfour as Secretary in the Police Department, starting at
Step I or $624, effective January 16, 1975 and subject to a one -year
probationary period.
B -I The City Clerk reported on the following bids received for
RECREATIONAL FACILITIES AT MEADOW PARK. Bids opened January 14, 1975 at
2:00 p.m.
BIDDER
BASE
LANDSCAPE
TOTAL
GRAY CONSTRUCTION CO.
$149,000
$8,300.00
$157,300.00
Grover City
CONCO GENERAL ENG.
159,375
8,500.00
167,875.00
San Luis Obispo
WALLY LA FRENIERE
166,500
8,500.00
175;000.00,
San Luis Obispo
R. BURKE CORP.
231,1.40
included
231;140.00
ARCHITECT'S ESTIMATE
$125,000.00
1
1
City Council Minutes
January 20, 1975
Page 19
James H. Maul. Architect. for the Meadow Park Recreation Building. submitted
to the City Council a bid analysis of the low bid explaining the purposes
of each major item in the bid.
1 R. D. Miller, Administrative Officer, reviewed for the City Council the
status of the Capital Improvement Program and other capital expenditures
which he felt there would be no reason why the Meadow Park Community Center
Building bid could not be awarded as presented.
On motion of Councilman Gurnee, seconded by Councilman Brown that the City
Counc_i_I accept the low bid of Gray Construction Company in the amount of
$157,300. Motion carried, all ayes.
PJ
On motion of Councilman Gurnee, seconded by Councilman Brown the following
resolution was introduced: RESOLUTION NO. 2720, a resolution adjusting
the 1974/75 budget.
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee, Brown, Graham, Norris and Mayor Schwartz
NOES: None
ABSENT: None
The City Council adjourned to Executive Session.
On motion of Councilman Brown, seconded by Councilman Norris the meeting
adjourned to 12:10 p.m., January 23, 1975. Motion carried.
APPROVED: June 2, 1975
`? PfTZPATR ICK, CITY CLERK