Loading...
HomeMy WebLinkAbout04/05/1976M I N U T E S REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, APRIL.5, 1976 - 7:00 P.M. COUNCIL CHAMBERS, CITY.HALL Pledge - Roll Call Councilmen PRESENT: T. Keith Gurnee, Myron Graham, Jesse Norris, Steve Petterson 1 and Mayor Kenneth Schwartz ABSENT: None City Staff .PRESENT:..J.H. Fitzpatrick, Acting City Administrator /City Clerk; Dave Romero, Director of Public Services; Rob Strong, Community Development Director; Wayne Peterson, City Engineer; Robert Mote, Utilities Engineer /Superintendent; Rudy Muravez, Finance Director 1. The City Council held a public hearing on the recommendation of-the- Planning Commission regarding a Resource Deficiency, Ordinance 604 =A, -Level 2, regarding request for use permit for retail sales office at 3035 Broad Street, Terry Sanders, applicant. Rob Strong, Community Development Director, presented the recommendation of the Planning Commission stating that the project was located in the C -H -S zone, but is designed on the adopted general plan as residential, multiple family, not to exceed 10- dwelling units per acre. The project as a commercial land use is inconsistent with the.- general plan and thereby a general deficiency as identified in criteria adopted as part of Ordinance 604 -A. General deficiencies require reporting only and do not contemplate withholding any permit or entitlement. The Planning Commission recommended that the proposed General Plan varies from the adopted General Plan inasmuch as the proposed plan specifies a service commercial /light industrial land use for the subject area. Staff recommended that the deficiency be noted on the resource maps and no other action be taken. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposal. Mayor Schwartz declared the public hearing closed. Councilman Gurnee stated that he, objected in principle in that this proposal was inconsistent with the existing general plan. He also objected to the staff using the proposed 1976 general plan as a guide for their own convenience. Councilman Graham agreed with Councilman Gurnee's comments. Councilman Norris stated that he felt the proposed 1976 General Plan was much better than that adopted in 1972. On motion of Councilman Petterson, seconded by Councilman Norris, that.the City Council accept the Planning Commission's recommendation. Motion carried I with Councilman Gurnee voting no: 2. At this time the City Council held a public hearing on the recommendation of the Planning Commission to rezone 1055 Los Osos Valley Road from R -1 to PD -R -1 to construct 20 single- family homes, William E. Baker., applicant. PD #0538. City Council Minutes April 5, 1976 Page 2 Rob Strong presented the recommendation of the- Planning Commission stating that the Planning Commission approved the tentative map of Tract 85 and the rezoning from R -1 to PD -R -1 for the following reasons: 1) The project as proposed will not have a substantial adverse effect upon the environment or the surrounding neighborhood. 2) The project is in conformity with the adopted general plan and the general plan revision currently under consideration. 3) The project will not overburden the existing municipal services. 4) The project as proposed complies with the intent of the zoning ordinance as it relates to the specifications for planned -unit development by providing professionally maintained landscaping, significant landscape buffers and innovative design solutions. 5) The project has been reviewed by the Architectural Review Commission and received schematic approval of site layout, landscaping and building design. Mayor Schwartz declared the public hearing open. Mr. Deasy, representing Meyer, Merriam Associates (representing the developer), stated he was in support of the rezoning and stated he was available to answer any quest -ions of the council, also that they supported the recommendation of.the Planning Commission. Mayor Schwartz declared the public hearing closed. City'Clerk presented a letter from R.A. Bluske, 1022 Cortez Crt., Lot 3, adjacent to the property in question, objecting to the rezoning. ' On motion of Councilman Graham, seconded by Councilman Petterson, the following .w ordinance-.as introduced: Ordinance No. 667 (1976 Series), an ordinance amending the official zone map of the City of San Luis Obispo to rezone property at 1055 Los Osos Valley Road. Introduced and passed to print on the following roll call vote: AYES: Councilmen Graham, Petterson, Gurnee, Norris and Mayor Schwartz NOES: None ABSENT: None Rob Strong, Community Development Director, then presented the recommendation of the Planning Commission recommending that the council approve the Tentative Tract Map No. 585, William Baker, applicant, 1055 Los Osos Valley Road, for 20 single - family lots. The Planning Commission recommended that the City Council approve the tentative map subject to the following conditions: 1) The project shall receive approval by the A.R.C. 2) The CC & R's shall be subject to the approval of the City Attorney. 3) All common landscape areas shall be professionally maintained. The CC & R's shall indicate that if the Home Owners' Association fails to provide adequate maintenance to assure the common areas are kept in an orderly manner and that all plant materials contained therein are live and healthy, the City Hall upon notification, shall assume maintenance responsibilities for the common areas and assess the Association for all costs incurred. 4) Water and sewer lines serving this project shall be public and constructed to City Standards in a public utilities easement. Such easements may be located under a private driveway or common area free from permanent obstructions. Water and sewer lines shall be separated a minimum of 10 ft. City Council Minutes April 5, 1976 Page 3 5) The applicant shall provide a soils and geology report for review prior to the submission of the final map. 6) The structural section of the proposed private streets shall be approved by the City Engineer. 7) Parking shall be allowed in designated spaces only. The CC & R shall provide "towaway upon complaine'provision. 8. The CC & R,,'s shall prohibit parking of recreational vehicles, boats, campers, motor homes or storage of other vehicles except in designated spaces approved by the A.R.C. as part of a final review. Such space shall be indicated on the approved precise plans. 9) The developer shall pay in -lieu park land dedication fees as determined by the formula provided in the San Luis Obispo Subdivision Regulations. 10) The developer shall provide street trees at a ratio of one tree.per 40 lineal ft. of street frontage including private streets. Such trees shall be indicated on the precise landscaping plan, installed prior to occupancy of any structure and guaranteed for one year from issuance of the last certificate of occupancy. Mayor Schwartz declared the public hearing on the tentative map open. No one appeared for or against the proposal. Mayor Schwartz declared.:the public hearing closed. On motion of Councilman Gurnee, seconded by Councilman Graham, the City Council approved the tentative map for tract 585, including.the 10 conditions recommended by the Planning Commission. Motion carried. 3. At this time the City Council held a public hearing on the recommendation of the Planning Commission to consider amending the zoning ordinance, Section 9200.16.1 (Parking and Driveway Regulations) and to modify standards for design of parking lots and driveways. Rob Strong, Community Development Director,.presented for the council's consideration, the staff's proposed revision to the city's parking and driveway standards in a memorandum.:to. the Planning Commission. The Planning Commission endorsed these and passed Resolution 882 -76 recommending that the City Council adopt the new regulations. The proposed standards reflect the combined efforts of the Community Development and Public Services Department. If the regulations as proposed are acceptable to the council, the staff and attorney should be instructed to prepare appropriate code revision and design standards and specifications for final council consideration. Rob Strong stated that the primary changes from the existing Municipal Code are: 1) Increased structural section requirement for large lots or large traverse by refuse disposal truck. 2) Requirements for trash enclosures. 3) Interior landscaping requirements. 4) Allowance for tandem parking in conjunction with remodeling of single - family residences. 5) Requirements for parking lot construction permit. 6) Abandonment driveway provisions. 7) Common driveway criteria. City Council Minutes April S, 1976 Page 4 He concluded by saying that these were the first of several anticipated modifications of the ordinance which relates to parking facilities, design standards and standards for the number-of spaces to be provided. Other revisions anticipated by the staff include: a) Compact car standards and allowance in large lots. b) Provisions for shared use of parking facilities and allowance for multi -use. c) Revisions of the parking provision standards in all zones including the C -2 zone.: d) Provisions for payment of in -lieu fees for parking deficiencies within the parking assessment districts. Mayor Schwartz declared the public hearing open. Ron_Dunin, Chairman of the Business Improvement Area, stated that they were un- able to discuss the proposal, particularly as it applies to the C -2 zone due to the lack of a public notice of the meeting and of the conditions proposed by the planning staff. He urged the council to at least have the information made available so that he could present these to the Board of Directors of the B.I.A. Mayor Schwartz declared the public hearing closed. The council continued the proposed changes to a study session after notice to all interested groups in the city; architects, developers, landowners, etc. 4. Continued public hearing on the proposed dwelling -unit construction tax ordinance for park purposes. Rob Strong, Community Development Director, again reviewed the reason the staff was recommending the residential construction tax.in an attempt to defray the cost for neighborhood and community and recreational facilities caused by additional growth and development within the community. Rob Strong continued that the staff had met with representatives of the Environ- mental Center of San Luis Obispo, Contractors' Association, C.E.B.E.S., Arnold Volney, Dennis Wheeler and Vern Dillon Developers and several others in special office appointments. Everything from the present fiscal problems to the necessity of parks, water conservation vs. irrigation, priority of other improve- ments, alternative sources of recreation revenues, and how the city might raise or eDp end the new funds to benefit the present residents rather than new develop- ments were discussed at the meeting. He reported that no concensus was reached. New taxes, particularly which increase initial cost of residential developments are not popular with the people who will have to pay them, despite the fact that the promoter - developer will obviously tend to pass the cost on to a new purchaser. All participants in the various meetings-::seemed to agree that the Quimby Act Provisions are both inequitable and inadequate, but most suggest bond issues or increased property taxes to finance recreation.�improvements if really needed. Therefore, the Community Development staff remains convinced that park acquisi- tion and improvements would be needed andthateach new dwelling whether single - family, apartment, mobile home, or other housing types, will contribute to :._ increasing the present need and they urged the City Council to adopt a proposed construction tax ordinance. Mayor Schwartz declared the public hearing open. John Ross, Architect, stated that due to the timing of the receipt of the proposed fees, the local chapter of the AIA had been unable to meet and either support or oppose the tax. He did not question the need for parks in the city, but hoped the council had kept in mind the perpetual maintenance cost of new park development. City Council Minutes April 5, 1976 Page 5 Stanley Kreger, mobile homes resident, opposed the new tax on residential units as he felt it hurt persons living in mobile home parks the most, as. they already pay for recreational services in the mobile home park: Mike DeNeve, Manager of County Building and Contractors' Association, objected to the imposition of an additional tax on new dwellings in San Luis Obispo which he felt makes it further impossible for people to buy, rent or lease a place to live. He questioned the suspicious statistics presented to the council on existing park land available for recreation. Mayor Schwartz declared the public hearing closed. Councilman Petterson stated that he was opposed to adding a new tax on the citizens of the city. He felt the city could never afford to supply and main- tain the parks and recreation that the professional planners and park people want. He felt rather than buy more park land, the city should take care of the park lands it now owns and develop.:o the facilities on property owned rather than get new .land. He felt such facilities such as swimming pools, tennis courts, gymnasiums, etc. should be added to existing- facilities rather than proliferate poorly maintained, inadequately developed - parks. Councilman Graham stated he was in support of more money for parks and recreational development. He felt this was one area that the city has been very slow and deficient in developing. He felt recreation facilities in the city were very poor and he felt that the dwelling -unit tax was better than raising property taxes on all the people in the community. Councilman Gurnee stated that he was in support on the principle of the tax to make people who created the need for parks pay for them. He also agreed that the city should take care of the improved park land that city has with better facilities. He was opposed to earmarking any of these funds for purchasing of land. He felt it should be used for maintenance and development of existing properties. Councilman Norris felt there were too many unresolved questions involved in the proposed construction tax. He would oppose this tax until all the questions had been settleito his personal satisfaction. Mayor Schwartz felt the proposed tax was equitable and that it required new residents to pay their share of park acquisition and development cost instead of forcing old -time residents to continue to pay taxes supplying parks for new people. He also felt that' =the City of San Luis Obispo should upgrade the standards for park acquisition and development of facilities. He felt that the proposed ordinance was a reasonable start to acquire park land for the city and he would support the ordinance. On motion of Mayor Schwartz, seconded by Councilman Graham, the following ordinance was introduced: Ordinance No. 668 (1976 Series), an ordinance of the City of San Luis Obispo amending the Municipal Code by adding Article II, Chapter 5, Part III, Dwelling Unit Construction Tax to the Municipal Code. Introduced and passed to print on the following roll call vote: AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz NOES:, Councilman Norris ABSENT: None 5. At this time the City Council considered the communication from B.I.A. stating that during the course of the program to find more parking spaces for customers, the Great Western Savings and Loan had agreed to lease 21- spaces at the corner of Marsh and Chorro Street for customer 2 -hour parking. They stated the lot was presently leased on a.monthly basis, however, due to the proximity of downtown, the B.I.A. believed that this lot could better be utilized as a 2 -hour lot rather than leased monthly. The lease arrangements have been provided to the city attorney and are as follows: C 1 L 17 City Council Minutes April 5, 1976 Page 6 A) If the lot would be leased for a one -year period with option to renew annually. A cost of $12 per space would partially be returned by income received by installing 2 -hour meters on the lot and the balance would be paid by the B.I.A. B) The City would be responsible for installation of the meters and to provide a sign stating a City parking lot. C) The City to provide a lease to Mr. Henderson, Great Western Savings and Loan Association for approval by his head office. Approximately 60 -days are required after the loan is approved for notice to the present tenants to vacate the lot. David F. .Romero, Public Service.-Director, stated that if the City Council agreed to the B.I.A. proposal to convert the parking lot to metered 2 -hour spaces under normal City operation, the following modifications would be required: 1) The driveway to Marsh Street will either have to be removed and replaced with standard curb and sidewalk, or chained off to prevent access, otherwise there would be a loss of two spaces from the 21 space potential of the site. 2) The private parking signs must be removed and delivered to Great Western. 3) Painting on the two driveways and on the wheel stops must be removed or painted over. 4) Two new wheel stops must be installed if the spaces at the Marsh Street driveway are to be used. 5) City standard parking lot signs must be purchased and installed. 6) All wheel stops along the Marsh Street frontage of the property must be re -set approximately 6" further back from the sidewalk in order that bumpers will clear pedestrians. 7) 21- meters and post must be installed. 8) Some minor additional planting must be made in the planter. He estimates the total cost of the work to be done by the city to be $1,180.00. He felt the city should also consider that the lot will have to be returned to its original condition upon completion of the lease. Mayor Schwartz declared the public hearing open. Frank Warden,.representing B.I.A. - Parking Committee Chairman, supported the recommendations of the B.I.A. and the Downtown Association. He also explained the ongoing program of trying to lease lots on the peripheries of downtown to rent to employers and employees in order to clear parking meter zones for customers. The City Council discussed at length with representatives, their recommendations. Mayor Schwartz declared the public hearin Councilman Gurnee felt there was need for downtown area so they could park in front association should provide bus passes for the Downtown Association and B.I.A. closed. permits for residents in the of homes and felt that the downtown their employees: Councilman Norris was opposed.to change in the 1 -hour meter limit and also opposed the eliminating of green spaces. City Council Minutes April.5, 1976 Page 7 Councilman Petterson would support recommendations for comprehensive parking plans. Councilman Graham would support all recommendations while not enthusiastically, but for a comprehensive parking program. . Mayor Schwartz would support recommendation in general. On motion of Mayor.Schwartz, seconded by Councilman Graham, the City Council approve the recommendation and the staff authorized to proceed. On motion of Mayor Schwartz, seconded by Councilman Graham, the following resolution was introduced: Resolution No. 3023 (1976 Series), a resolution of the Council of the City of San Luis Obispo rescinding short -time parking spaces, modifying meter rates and hours, adding additional meters, eliminating monthly parking permits and adding unmetered short -time parking spaces in the downtown area. Passed and adopted on the following roll call vote: AYES: Mayor Schwartz, Councilmen Graham, Norris, Petterson NOES: Councilman Gurnee ABSENT: None On motion of Councilman Norris, seconded by Councilman Gurnee, the City Council endorsed the proposal of the B.I.A. to lease the Great Wester Lot, and authorized the city staff to cooperate. Motion carried. 6. R.G. Mote, Utilities Engineer, submitted a communication from the bonding attorneys regarding the petition received by the City Council for the establishment of a special assessment district to improve the McMillan Avenue area with sanitary - sewers. He continued that since the filing of the petition, the city has received request from one more property owner to be included in the district and that the bond attorneys agreed. The district boundaries are being revised to reflect the addition-.of not only the requested parcels, but also the Southern Pacific Railroad parcel on the north side of Morrison Avenue. Robert Mote continued that if we proceeded at once with this project it appeared that they could be in construction and completed possibly by October. If the council wished to proceed, they would have to adopt three resolutions to formally initiate the project: 1) A resolution to undertake proceedings and proceed without investigation act. 2) A resolution appointing engineer and attorney. 3) A resolution of intention. The City Clerk /Acting Administrative Officer, presented the following resolutions from the bonding attorney for the council's consideration: On motion of Councilman Petterson, seconded by Councilman Graham, the following resolution was introduced: Resolution No. 3024 (1976 Series), a resolution of preliminary determination and intention to acquire and construct improvements. Passed and adopted on the following roll call vote: AYES: Councilmen Petterson, Graham, Gurnee.and:-Mayor Schwartz NOES: Councilman Norris ABSENT: None City Council Minutes April 5, 1976 Page 8 . On motion of Councilman Petterson, seconded by Councilman Graham, the following resolution was introduced: Resolution No. 3025 (1976 Series), a resolution appointing engineer and attorneys for the McMillan Sewer Assessment District. Passed and adopted on the following roll call vote: AYES: Councilmen Petterson, Graham, Gurnee and Mayor Schwartz NOES: Councilman Norris ABSENT: None 7. Communication from Erling 0. Edvards, regarding the council's.approval of the elimination of the island at Monterey and Garfield. .(Continued from the council.meeting of March 15, 1976). Erling Edvards stated that the six business establishments concerned feel that: 1) The present sidewalk should remain. 2) The one exit from the Standard Station should be blocked off and extend the sidewalk from Garfield to Monterey Street only, so the landscape will have a more beautiful effect. Therefore, a sidewalk along the outer perimeter along Monterey Street should not be necessary but would only minimize the amount of landscaping beauty. 3) The present stop sign on Garfield should be moved.to the opposite side of Garfield and Buena Vista and of course, the stop sign on Garfield and Monterey should remain on the new landscaping. 4) Also,.the area shown on the modified map indicating widening of Monterey Street, which should be done at this time with "NO PARKING AT ANY TIME" near landscaping. The widening would make it easier for large trucks to make the 90 degree turn on Monterey Street. 5) The telephone pole adjoining the curb on the present island should be moved westward by the utility company. Wayne Peterson, City Engineer, presented a map of the staff's recommended curb alignment on Monterey Street that would be constructed by the adjacent property owners as approved by the City Council. It was the staff's recommendation that property owners construct curb, gutter and sidewalk in the alignment shown and that no driveway ramps be constructed across the new improvement. Staff also did not feel that "no parking" restrictions were required at this time on Monterey Street as indicated in the Edvards' letter and the staff had no recommendations for or against the disposition of the existing sidewalks, but feel that it should be adjusted as necessary to conform properly with the new sidewalk. After discussion by the City Council and the property owners involved, it was moved by Mayor Schwartz, seconded by Councilman Petterson, that the sidewalks be placed along Monterey Street and take up the old sidewalks and refer the stop sign problems and "no parking" matters to the Traffic Committee. Motion carried, all ayes. 8. Request of the.developer of Tract 467, Unit II, asking'for acceptance-by the city of sewer and water facilities within this tract. (Continued from the prior council meeting). Request was recommended for approval by the City Engineer. Developer stated that the City Engineer had inspected the property and all the work had been completed according to the plans and specifications filed by the developer's engineer. On motion of Councilman Petterson, seconded by Councilman Graham, the following resolution was introduced: Resolution No. 3026 (1976 Series), a resolution of the Council of the City of.San Luis Obispo accepting the off -site improvements in Tract 467, Unit II, Los Verdes Park (Warren Dolezal, developer). Passed and adopted on the following roll call vote: City Council Minutes April 5, 1976 Page 9 AYES: Councilmen Petterson, Graham, Gurnee, Norris and Mayor Schwartz NOES: None ABSENT: None 9. Orloff Miller, Coordinator for the Human Relations Commission, stated that at the March 3, 1976 meeting of the A.R.C., the A.R.C. took the following action: "that the H.R.C. recommend to the City Council, as soon possible, approval of the $5,248 grant request of WCERC Education and Research Center), the full amount to come current (1975 -76) budget... Method of payment, either or in 3 payments, was left to be decided following City approval of the request." (West (West Coast out of the in lump-sum Council Orloff Miller continued that this action followed a much critical examination of the grant request at the four separate meetings of the Human Relations Commission, plus numerous subcommittee and staff sessions. H.R.C. felt the original proposal lacked focus and urged the WCERC to be more precise in both its goals and program. In the proposal which the council received, the focus has been narrowed and centered on citizen advocacy on behalf of the developmentally disabled. He concluded by saying that the H.R.C. felt this was a one -time only seed money grant, with full understanding by all parties.that::it-..will not be repeated. H.R.C. believes this to be a legitimate and beneficial use of grant monies yet available in its current budget, and urged favorable action by the City Council. Mr. Jeff Giuffrida, representing the H.R.C., made an additional presentation on behalf of the H.R.C. for a grant to the WCERC. He explained some of the programs developed and the work and investigation done by the H.R.C. in this matter. He urged that the City Council grant the $5,248 as a one -time grant. On motion of Councilman Gurnee, seconded by Councilman Graham, the following resolution was introduced: Resolution No. 3027 (1976 Series), a resolution of the Council of the City of San Luis Obispo approving a grant to the West Coast Education and Research Center as recommended by the Human Relations.Commission. Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee, Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None 10. Communication from the Promotional.Coordinating Committee asking the City Council to consider their report on the long -range plan of the Promotional Coordinating Committee for future budgets of the committee was continued to a future meeting. 11. Communication from Rob Strong to Ed Davis regarding Los Osos Valley Road connection to Buckley Road at Higuera Street was ordered received and filed: 12. Memorandum from Robert Strong, Director of Community Development, regarding request by Environmental Review Committee for the City Council clarification of acceptability of rezoning an excess of property at 2803 Johnson Avenue was ordered received and filed. 13. Memorandum from Rob Strong, Director of Community Development, regarding the possible purchase by the city of surplus Cal Trans property, Freeway 101 and San Luis Creek, between Madonna Road and Bianchi Lane,.was - referred to staff for a full report. City Council Minutes April 5, 1976 Page 10 14. Memorandum from Rob Strong, Director of Community Development, . regarding possible city acquisition of property bounded by Chorro Street, Stenner Creek, Broad Street and Freeway 101, Assessor's Parcel No. 2- 292 -15, estimated-cost $37,500 was continued for consideration during the annual C.I.P. hearings. 15. David F. Romero, Public Services Director, brought to the council's attention the matter of the sewer main crossing U.S. 101 near the Laguna Lift Station which is a steel line completely rusted through with portions of same hanging.down into the sewer flow causing an obstruction and creating severe blockage build ups with grease and paper. He requested that he be authorized to have a T.V. inspection made of the interior of the line and to allocate $12,000 to replace the damaged portions of the line. On motion of Councilman Petterson, seconded by Councilman Gurnee, that the City Council find that an emergency exists and that the city should proceed without bid to repair and replace the damaged sewer line. Motion carried, all ayes. On motion of Councilman Petterson, seconded by Councilman Gurnee, the following resolution was introduced: Resolution No..3041 (1976 Series), a resolution of the Council of the City of San Luis Obispo increasing capital outlay fund appropriations for 1975 -1976 fiscal year. Passed and adopted on the following roll call vote: AYES: Councilmen Petterson, Gurnee, Graham, Norris and Mayor Schwartz NOES: None ABSENT: None 11:05 p.m., Councilman Gurnee left the meeting. CONSENT ITEMS C -1 On motion of Councilman Petterson, seconded by Councilman Norris, the claims against the city for the month of April, 1976, were approved and ordered paid subject to the approval of the Administrative Officer. Motion carried. C -2 On motion of Councilman Petterson, seconded by Councilman Norris, the following council meeting minutes were approved as presented: November 10, 1975 and December 8 & 9, 1975 Motion carried. C -3 On motion of Councilman Petterson, seconded by Councilman Norris, the following contract pay estimates and change orders were approved and ordered paid: Conco General Engineering Co. Est. #2 $ 61149.52 TRANSFER STATION MODIFICATION C.P. #15 -75 Wally LaFreniere Const. Co. Est. #11 ADMINISTRATION BUILDING ALTERATIONS Charles Pratt Const. Company BROAD STREET WATER LINE C.P. #21 -75 Motion carried. 18,819.00 Est. #7 24,868.61' C.C.O. #6 + 917.57 C.C.O. #7 + 1,357.63 C.C.O. #8 + 2,151.60 C.C.O. #9 + 2,555.50 C.C.O. #10 + 1,704.23 C.C.O. #11 + 1,950.00 C -4 Communication and proposed resolution from R.V. Muravez, Director of Finance regarding recommendations on reserve funds and change in the accounting systems were continued to a study session of April 7, 1976. C -5 On motion of Councilman Petterson, seconded by Councilman Graham, the following resolution was introduced: Resolution No. 3028 (1976 Series), a City Council Minutes April 5, 1976 Page 11 resolution.of the Council of the City of San Luis Obispo establishing a fee of $2.50 for fingerprint services provided by the Police Department. Passed and adopted on the following roll call vote: AYES: Councilmen Petterson, Graham, Norris and Mayor Schwartz NOES: None 1 ABSENT: Councilman Gurnee C -6 Memorandum,from D.F. Romero, Public Services Director, again asking council consideration for the installation of an 8 -inch sewer line from the Model Linen Supply on South Street to.Higuera Street and requesting that the Model Linen Company share the cost on a 50 -50 basis. Estimated cost of the project is approximately $5,000. On motion of Councilman Petterson, seconded by Councilman Norris, the Public Services Director was to proceed, reaffirming the council's prior action that the Model Linen Supply would be asked to pay half the cost of the installation which was.being done primarily for the relief of .their property. Motion carried. C -7 Communication from John Kellerman,.Chief Building Official, requesting council consideration of proposed swimming pool and dock ordinance, updating the present dock ordinance adopted in 1964 and a resolution establishing fees for permits for pools and docks was referred to the contractors, architects and developers within the community for input, on motion of Councilman Petterson, seconded by Councilman Norris. Motion carried. C -8 Communication from the Department of Health asking council to direct the San Luis Water Department to provide filtration treatment for the Gularte and Hansen Creek water supply and to cover Reservoir No. 1 and to cease using the Hansen / Gularte Creeks until treatment is provided by the city. On motion of Councilman Petterson, seconded by Councilman Graham, the request was continued to C.I.P. study with the staff for a complete staff report. Motion carried. C -9 Communication from Don Englert, Captain, Police Department, forwarding. for the council's consideration, City /County Animal Regulation Code and a contract for the council's consideration for the next fiscal year. He also. submitted suggested amendments to the Animal Control Ordinance proposed by the County of San Luis Obispo. On motion of Councilman Petterson, seconded by Councilman Graham, the matter was continued to budget consideration with the attorney to review the amend- ments for preparation of an ordinance for council consideration. Motion carried. C -10 On motion of Councilman Pettass, seconded by Councilman Graham, the following resolution was introduced: Resolution No. 3029 (1976 Series), a resolution of the Council of the City of San Luis Obispo approving the closing of the State Highway for the La Fiesta Parade, 1976. Passed and adopted on the following roll call vote: AYES: Councilmen Norris, Graham, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee C -11 Memorandum from Rob Strong, Community Development Director, asking council consideration regarding the 1976 -1981 Capital Improvement Program. The matter was continued to the study session of Wednesday, April 7, 1976. City Council Minutes April 5, 1976 Page 12 C -12 Memorandum from D.F. Romero, Director of Public Services, forwarding for the council's consideration, the street priority list for the 1976 -77 fiscal year and a.memorandum from Bill Harris, Public Services Department, regarding council consideration of cost to maintain traveled but unimproved streets. The matter was continued to a study session for field inspection early in April. C -13 Communication from Warren Dolezal, President of Garden Homes, Limited. requesting council approval of the Los Verdes Park Subdivision Improvements now completed. Rob Strong, Community Development Director, stated that in September, 1975, the City Council considered their request by. Mr. Dolezal asking clarification of the matter of the day care center indicated on the precise plan of Phase II, Los Verdes Park. The council action at that meeting was: 1) Upon certification by the City Engineer that the Edna Saddle Tank was on line, the developer be required to move the temporary reservoir from Lot. 97. 2) Concurrent with construction of dwelling units in Unit II, the day care center was to be built with a phasing of percentage occupancy of the units corresponding with the percentage of completed construction of the day care center. He then reviewed for the council, the actions to date in arriving at the permit for the day care center. Finally, the staff interpretation at Council action was that no occupancy of any units for any purpose would be allowed prior .to commencement of construction of the day care center and further occupancy of the housing units would be in direct correlation with the percentage of the day care center which has been completed. Percentage of completion for the day care center be determined by the Director of Community Development and Chief Building Inspector. A further prerequisite for occupancy of any units is that all necessary tract improve- ments be completed. On motion of Councilman Petterson, seconded by Councilman Norris, that the City Council affirm the prior policy dealing with the occupancy in the tract being controlled by the development of the day care center. Motion carried. C -14 Communication from the Police Officer's Association reviewing the condition of the present patrol cars and asking that an additional two units be added to the fleet in order to extend the mileage on tke=..present vehicles which are becoming unsafe. J.H. Fitzpatrick, City Clerk /Acting Administrative Officer,'reported on the. request of the Police Officers' Association stating that the Police Department had complied with the council directive of keeping a minimum of four police cars on patrol 24 -hours a day, 7 -days a week. In initiating this directive, the City did not realize the effect it would have on the patrol vehicles in increased.milage and maintenance costs. When the 1975 model patrol cars are retired in early 1977, they will each average over 100,000.miles of very hard police work.. While he recognized that-mileage-alone may not be the best criteria for retiring vehicles, he felt that cars used by police for 24 -hour patrol and driven by a different officer every 8 -hours are really abused due to the type of driving required by police operation. Therefore, the Administrative Officer makes the following recommendation: 1) Approve the request of the Police Officers' Association and order two additional patrol units immediately with the conditions that they be carefully integrated with the present patrol units to extend the life of all patrol units as far as mileage is concerned. Estimated cost to add two patrol cars including radios, lights, screens, etc., is $12,000. City Council Minutes April 5, 1976 Page 13 2) If for some reason two new patrol cars cannot be ordered at this time (factory shutdowns, finances, etc.), I would recommend that two police cars now owned by the city and having patrol car specifications; Chief's car, Captain's car and one Detective car be painted and equipped as patrol cars and placed on patrol to be integrated with the other two units and that the City Hall Pool car and the City Clerk's car be transferred to the Police Department to be used as departmental administrative vehicles. 1 It was moved by Councilman Norris, seconded by Councilman Graham that the City Council adopt Option No. 1 and order two new cars with the Administrative Officer to report to the council Wednesday, April 7, 1976. Motion carried. On motion of Councilman Norris, seconded by Councilman Graham, the following resolution was introduced: Resolution No. 3030 (1976 Series), a resolution of the Council of the City of San Luis Obispo increasing utility tax fund appropriations for the 1975 -76 fiscal year transferring $12,000 to police vehicle account. Passed and adopted on the following roll call vote: AYES: Councilmen Norris, Graham, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee C -15 The City Council was asked to support the.county's separate waste collection program and on motion of Councilman Petterson, seconded by Councilman Graham, the letter was approved and the Mayor was authorized to sign. Motion carried. C -16 Request from the County of San Luis Obispo for.the City to review four parcel Minor Subdivision located on Orcutt Road and Hansen Road owned by A. Periozzi (Tentative Parcel Map No. 75 -437). Rob Strong, Director of Community Development presented the report of the Planning Commission stating that this property is a portion of a 97 -acre parcel adjoining the city which would divide this property into 19- separate 5 -acre parcels. He felt that the City Council should recommend denial of the proposed parcel map until some alternative is accomplished or that the proposal be continued until the City Council and Board of Supervisors' resolved a mutually agreeable policy concerning interim agricultural urban reserve area as part of the general plan revision of the city. On motion of Councilman Petterson, seconded by Councilman Norris, the City Council approve the Parcel Map as submitted by.the County. Motion carried with Mayor Schwartz voting no and Councilman Gurnee absent. C -17 Request from the County of San Luis Obispo for the City to review two parcel subdivision located on Buckley Road near Davenport Road owned by Louis Mello (Tentative Parcel Map No. 76 -36). On motion of Councilman Petterson, seconded by Councilman Norris, the City Council approve the Parcel Map as submitted by the County. Motion carried with Mayor Schwartz voting no and Councilman Gurnee absent. C -18 Request from Rob Strong, Director of Community Development, requesting that the City Council consider grading plan check and permit fees and that they be included in the Municipal Code. On motion of Councilman Petterson, seconded by Councilman Graham, the matter was referred to the City Attorney for preparation of the proper documentation. Motion carried. C -19 Communication from Wayne Peterson, City Engineer, requesting that the City Council consider designating representatives for the Technical Advisory Committee for the Regional Transportation Plan. City Council Minutes April 5, 1976 Page 14 The City Engineer recommended that Rob Strong, Director of Community Development and Wayne Peterson, City Engineer, be the city's representatives with alternates Terry Sanville for Rob Strong and Bob Vosberg for Wayne Peterson. On motion of Councilman Petterson, seconded by Councilman Norris, that the City Council accept the recommendations for appointments to the Technical Advisory Committee. C -20 Memorandum from-Wayne Peterson, City Engineer, asking the Council to consider modifications of the-Johnson Avenue /San Luis Drive intersection and the abandonment of a portion of Munoz Street at Johnson Avenue at the location of the former three - corner market property. On motion of.Councilman Petterson, seconded by Councilman Norris, the matter was referred to the Traffic Committee for their input. Motion carried. C -21 Memorandum from Leroy Treio, S.L.O. Firemen's Association, Edward Martin, San Luis Obispo :Police Officers' Association and Sheri Ripa. San Luis Obispo City Employees' Association requesting that the City Council- consider placing three city emDlovee representatives to serve on the Ad Hoc.Citizen's Charter Committee. After some discussion by the City Council, it was moved by Mayor Schwartz, and seconded by Councilman Graham that the employee associations have one representative to the Charter Committee and that would be Steve Smith, represent- ing all three associations. Motion carried. C -22 Communication from the Director of Administration, County of San Luis Obispo and Secretary to the Area Council asking that the City Council make their annual appointments or reappointments to serve as city's members to the Area Council in addition to one alternate. On motion of Councilman Petterson, seconded by Councilman Norris, Councilman ' Gurnee was appointed as city's representative with Councilman Graham as alternate (Effective May 1, 1976 through April 30, 1977). C -23 On motion of Councilman Petterson, seconded by Councilman Norris, claim against the city by Larry Sheur, All Auto Parts, Inc., for damages incurred when toilets backed up and were overflowing as the result of a sewer having been disconnected by the city was denied and referred to the insurance carrier. Motion carried. C -24 On motion of Councilman Petterson, seconded by Councilman Norris, the claim against the city by Mr. & Mrs. Lawrence, Jr., for $500 for allegedly taking their registered golden retriever puppy illegally by cutting it from its tether and removing it to the Wood's Humane Animal Shelter was denied and referred to the insurance carrier. Motion carried. C -25 J.H. Fitzpatrick, Acting Administrative Officer /City Clerk, announced the appointment of Mikel J. Park, Battalion Chief (Fire Marshal), Step 4 at $1,468 per month effective April 16, 1976. There being no further business to come before the City Council, the Mayor adjourned the meeting to 12:10 p.m., Wednesday, April 7, 1976. . Fitzpatrick, City Clerk