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HomeMy WebLinkAbout02/01/1977Roll Call MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, FEBRUARY 1, 1977 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL PRESENT: Councilmen Gurnee, Graham, Norris, Petterson and Mayor Schwartz ABSENT: None City Staff PRESENT:. J.H. Fitzpatrick, City Clerk; R.D. Miller,.Administrative Officer; Allen Grimes, City Attorney; Rob Strong, Director of Community Development; Jim Stockton, Acting Director of Parks and Recreation; Roger Neuman, Police Chief; D.F. Romero, Director of Public Services 1. Liz Bradley and Ann Wedgwood, representing "Food Day 1977 ", to be held at the Mission Plaza on April 16, 1977, requested Council endorsement of their program which was to emphasize the food for the needy and the ways and means of providing nutrient food for citizens of the community. On motion of Councilman Norris, seconded by Councilman Gurnee, that the City Council endorse "Food Day 1977" and authorize Mayor Schwartz to issue a proclamation setting "Food Day 1977" on April 16, 1977. Motion carried, all ayes. 2. The City Council held a 7:00 p.m. public hearing on the recommenda- tion of the Planning Commission to consider.Ordinance 604 -A resource deficiency, ' Level I, caused by a building permit request for a five unit apartment develop- ment at 750 Osos Street, Dennis Wheeler, applicant. Rob Strong, Director of Community Development, stated that the deficiency was in the existing water mains in both Osos and Peach Streets, adjacent to the proposed development which was only 4" in diameter and would not provide the necessary fire flow of 2,000 gpm or greater to the project area. He continued that the Planning Commission, at their regular meeting of January 5, 1977, by Resolution No. 1021 recommended to the City Council that the following action be taken: The City shall require the developer to construct a 10" water main and hydrant in Peach Street from Morro to Osos Streets or, as an alternative, extend an 8" main to connect with the existing 8" main at Toro Street. The developer shall be required to make improve- ments prior to issuance of building permits with reimbursement from the City as part of the 1977 Capital Improvement Program, or delay processing of the subject property until the necessary improvements are completed by the City. The line and hydrant would be eligible for either Pre '42 or development related Quarterly Improvement Pro- grams, the latter upon application to the Utility Engineer, for comparative evaluation and proper relative priority with other projects. Further technical investigation revealed that an 8" main in Peach from Morro to Santa Rosa Street, with hydrant at the subject corner, would meet the intent of the Planning Commission's recommendation and be most appropriate in removing the deficiency. D.F. Romero, Public Services Director, stated that there was little chance that this waterline improvement would be high on.either the pre '42 or Quarterly Improvement Priority Lists. He stated the best approach would be for the developer to construct a 10" line to Osos or await the City C.I.P. improvement which would probably be considered for construction in the 1977/78 fiscal year. Mayor Schwartz declared the public hearing open. City Council Minutes February 1, 1977 Page 2 No one appeared before the City Council for or against the issue. Mayor Schwartz declared the public hearing closed. On motion of Mayor Schwartz, seconded by Councilman Graham, that the City Council accept and approve the amended recommendation of the Planning Commission. Motion carried, all ayes. 3. The City Council considered the final passage of Ordinance No: 693, and ordinance of the City of San Luis Obispo amending the official zone map to rezone property at 1851 Royal Way, 1320, 1340 and 1360 Rubio Lane. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the final passage. Mayor Schwartz declared the public hearing closed. On motion of Councilman Graham, seconded by Councilman Petterson, Ordinance No. 693 was introduced for final passage. Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee, Norris, Graham, Petterson and Mayor Schwartz NOES: None ABSENT: None 4. The City Council considered the final passage of Ordinance No. 694, an ordinance of the City of San Luis Obispo amending the official zone map to rezone property at 206 Margarita Avenue. Mayor Schwartz declared the public hearing open. No one appeared before- or against the final passage. Mayor Schwartz declared the public hearing closed. On motion of Councilman Graham, seconded by Councilman Petterson, the ordinance was introduced for final passage. Finally passed and adopted on the following roll call vote: AYES: Councilmen Gurnee, Norris, Graham, Petterson and Mayor Schwartz NOES: None ABSENT: None 5. The City Council considered a proposal from the consultant firm of Priest, Richmond, Wolf and Rossi requesting participation by the City in a test program of Worm Digestion of Sludge at the Sewer Plant which was a program whereby worms would eat sludge and the castings caused from this digestion of the sludge would make fertilizer which would contain no viruses, heavy metals, etc. D.F. Romero, Director of Public Services, stated that while the concept of worm digestion of sludge was an interesting concept which had great potential for certain applications, it did not apply to the City of San Luis Obispo as the City disposed of.fully digested sludge with no cost, little effort on the part of the staff, and no problems with the Water Quality Control Board. He felt the proposal of Priest, Richard, Wolf and Rossi would call for an expenditure of funds and time by the City to assist in the pilot study. He further continued that the Sewer Plant was seriously 1 1 City Council Minutes February 1, 1977 Page 3 understaffed at this time and it was.his recommendation that the City not participate in the program as outlined,.although on behalf of -the staff he would have no objection to making a small plot available for experimenta- tion purposes as long as there were no expenditures by the City. He also submitted a letter from John Jenks, the City's consultant for the Sewer Plant, listing the same basic reasons - no objection as long as there was no cost to the City. Vic Montgomery, representing the consultants, asked that the City Council allow this experiment on a one year basis with the City to participate both in the funding and in the operation of the experiment. Jim Pittman, developer of this project, spoke in support of his proposal, including the City participation of funds and labor for the one year period of the experiment. He stated that hetias now getting some support from the Federal Government. Linnaea Phillips, Council Candidate, spoke to the City in support of the Worm Project as requested. She felt that it was an innovative project and should be supported by the City Taxpayers with both labor and funds. Councilman Graham stated he was in support of the program for experimental purposes. Councilman Gurnee stated that he too was in support of this experiment if funding could be found for the program. Councilman Norris stated he was in favor of cooperating in use of the land for the proposal but no funds or labor by'the City to be used. Councilman Petterson stated he was in favor of cooperating with this project and with the use of City land but no City funds or labor. On motion of Councilman Gurnee, seconded by Councilman Graham, that the City Council endorse the program as presented as long as there was no additional load on the staff at the Sewer Plant. The Council agreed to establish a $750 fund to cover labor and materials to set up the worm beds and pay Youth Corps labor. Motion carried, all ayes 6. Wayne Peterson, City Engineer, submitted for the Council's consid- eration the final pay estimates of the Charles Pratt Construction Company for the Broad Street Waterline Reconstruction, City Plan No. 21 -75. He stated that he had contacted the contractor on this project and that the attached pay estimates, including all change orders but one, had been agreed to by Mr. Pratt. Also, Pratt Construction Company did not complete the project in time and the final estimates indicated 54 days over run on his time, taking into account the extra days allowed for change orders and inclement weather. The contract provisions allowed the City to penalize the contractor $50 a day in liquidated damages for each day exceeded in the contract. The Council's legal advice should determine whether or not they wished to withhold $2,700 from Mr. Pratt as a penalty for not completing the contract on time. He recommended that the City withhold $2700 from the contract. D.F. Romero, Director of of Public Serices, stated that it was his opinion that the contractor did not pursue the work as he should and that the City . should enforce the liquidated damage provisions of the contract or $2700. While this would not cover all City costs or potential liability on the con- tract, he did not feel the City could ignore the flagrant violation of the schedule on this job. Therefore, the staff recommended that the City Council approve Contract Pay Estimate No. 7 and 8, final in the amount of $48,327.05 less $2,700 penalties for liquidated damages, leaving a payment to Pratt Construction Company in the amount of $45,627.05. Mayor Schwartz asked if anyone in the audience representing the Pratt Con- struction Company wished to speak. City Council Minutes February 1, 1977 Page 4 No one came forward to discuss this matter with the City Council. Councilman Gurnee moved that the City Council accept.the staff-recommendation including approval of the Notice of Completion in the total amount of payment in the amount of $45,627.05. Motion died for lack of a second. After discussion by.the Council, it was moved by Mayor Schwartz, seconded , by Councilman Graham, that 1) the City Council find that the work was sub- stantially completed and authorize the filing of the Notice of Completion; 2) that the City Council determine that liquidated damages in the amount $2,700 be levied; and 3) that a budget resolution be prepared for the City Council consideration at the next meeting to finance the contract payments. Motion carried, all ayes. 7. Fire Hydrant Protest by V. Petrucci was withdrawn at the request of the applicant. 8. Communication from the Legal Services Corporation requesting that the City Council consider supporting the request of the Corporation for the County to allocate supplemental funds to maintain the present level of legal services to the community. Lane Stuart, President of the Legal Services Corporation, appeared before the City Council giving the history of this organization stating that the Board of Supervisors had funded this program in the beginning until the Federal Funds had been received by the organization but to date no funds had been received and they were running out of money and were asking the County Board of Supervisors to continue to support the organization until Federal funding was available. The proposal was to ask the County for $30,000 to continue the program until August, 1977. ' Jeff Jorgensen, representing the H.R.C., appeared before the City Council, stating that the Human Relations Commission, endorsed the request of the Legal Services Corporation going before the Board of Supervisors for additional County funds and further that the H.R.C. would grant $450 from their funds if the Legal Services Corporation could match that with other contributions. The City Council discussed with Lane Stuart and Jeff Jorgensen the effects the Legal Services Corporation had on residents of the City and what help and in what percentage local citizens were supported. Lane Stuart stated that it was to his best knowledge that 25% of the clients of this organization were residents of the City of San Luis Obispo. On motion of Councilman Gurnee, seconded by Councilman Norris, the follow- ing resolution was introduced: Resolution No. 3239 (1977 Series), a resoluton of the Council of the City of San Luis Obispo urging the Board of Supervisors to favorably consider requests of funds by the Legal Services Corporation.. Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee, Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None 9. The City Council received a report from the Community Development Director and the City Engineer regarding the Higuera Street Widening from Marsh Street to Madonna Road and in particular, the Kimball Tire Company property at 252 Higuera Street, recently damaged by fire. Many years ago City Council Minutes February 1, 1977 Page 5 the City Council established a Building Setback Line on Higuera Street for future widening as properties became available to try to ease the traffic congestion on that street. No properties had been acquired but the fire damage at the Kimball Tire Company might enable acquisition by the City prior to the reconstruction. Replacement costs were estimated to be more than twice the estimated cost of the repair. This meant the City would have to allow reconstruction including repair and rebuilding in the setback area needed for future street widening and normal front yard, unless the City acted to acquire the land.now. In the opinion of the staff, it would be better to buy the portion of property needed.for future street widening now, to avoid more expensive new improvements and business relocation when the City has a major project, than to allow repair. Rob Strong noted that the Council.should be aware that flood control regulations might require additional repair expense which would cause the project to exceed the 50% of the replacement value and thus force compliance with the setback ordinance without acquisition by the City although an appraisal would still be advisable to enable acquisition, if necessary. To prevent conflicting reconstruction it was the staff's recommendation that the City should buy this right -of -way widening before allowing the reconstruction to take place. D.F. Romero, Director of Public Services, stated that whether we buy the property or require dedication, the City should commence negotiations immediately and staff should be authorized to solicit appraisals. Paul Landell, City engineering representative, reported that the Federal Insurance Administration adopted new regulations on December 1, 1976, some of which would apply to the reconstruction of the recently fire damaged Kimball Tire Company building. Since the City.of San Luis Obispo was under the F.I.A., they would be required to do the following:: 1. Issue a permit for the reconstruction; 2. All materials to be used would be resistant to flood damage including utilities and that the subject building anchored to prevent flotation, collapse, or lateral movement; and 3. The floor of the subject building be constructed at a level not lower than 167 feet, USGS datum. These conditions would apply when a damaged structure in a designated flood hazard area was being repaired and the cost of such repairs were in excess of 50% of the market value of the building prior to.damages, not the replacement value. It was his opinion, that this was the case here and he felt that the City should acquire.this property and make the property comply with the F.I.A. regulations. Tom Edton, operator of the Kimball Tire Company, stated that all he wanted was a permit from.the City to put on a new roof, windows, etc. and he would be back in business but he felt that if the City Council persisted with the recommendation of the staff of having him tear down the building and recon- struct at a new line which would keep him out of business for six month to one year. He asked that he not be the first to comply with the widening of Higuera Street as he did not feel that the complete project would be complete for many years to come. He wanted the Council to be aware that 23 local families were involved as his employees and that he was keeping them on the payroll even though they were not working due to the-fire damage but he had to get back to his business.soon.or he would have to drop them from the payroll. He urged the Council to be charitable in this case and not start with him. Wayne Peterson again reviewed for the City Council the requirements of the Federal Flood Insurance Program which .would require,complete reconstruction of the building with flood -proof conditions at a new elevation. Councilman Petterson stated he felt.that the City should comply with the street setback.line. He also felt that the City should comply with flood insurance regulations and while he was sympathetic with the business oper- ator to get back into business as soon as possible, he knew of no way to waive requirement of the flood insurance program. City Council Minutes February 1, 1977 Page 6 Councilman Graham, too, while sympathetic to the operator of -the business felt the City should comply with the flood - proofing requirements of the F.I.A. Councilman Gurnee felt the the property owner should comply with the setback line adopted by the City and now. He.also felt that the property owner should comply with the federal flood insurance program. Councilman Norris felt that the property owner should comply with the require- ments of flood proofing but he did not see any reason to set back until Higuera Street was fully widened and the City should buy all the property at one time. Mayor Schwartz felt.the property owner should comply with the requirements of the F.I.A. to.flood proof the new rebuilding of the facility. He also felt the City should acquire the necessary land to comply with the building setback line established for.Higuera Street many years ago. On motion of Councilman Graham,.seconded by Councilman.Gurnee, that the staff be authorized to procure an appraisal of the property and negotiate with the owner to acquire the property and further, that all construction comply with the Federal Flood Insurance Program. Motion carried, all ayes. 10. The City Council considered the Minor Subdivision Map No. 76 -560, Chester Jost, applicant, 200, 206 and 210 Margarita Avenue, R -2 -S zone pending. Allen Grimes, City Attorney, notified the City Council that in.the future no subdivision maps, etc. would be submitted for their consideration until the necessary zoning was completed as in the case of Items 10 and 11 on this evening's agenda. The rezonings were just approved earlier in the evening and that the maps should not be allowed to be approved until after the rezon- ing was completed, but it was his opinion that as the property owners and developers in this case had not been notified of this requirement that the various subdivisions and maps in the pipeline of administration should be allowed to be completed. Rob Strong, Director of Community Development, submitted the recommendation of the Planning Commission recommending that.Council approve the minor sub- division map subject to the.following findings: 1. The proposed parcel map and design were consistent with the General Plan. 2. The site was physically suited for the proposed type and density of develop- ment permitted by the R -1 zone. 3. The design was not likely to cause substantial environmental damage, or cause serious public health problems. 4. The design of the proposed subdivision would not conflict.with public easements for access through, or use of, proposed.subdivision. He also stated that the Planning Commission established the following condi- tions: 1. All lot corners.shou]d be staked by a registered civil engineer or licensed surveyor. 2. Existing sewer easement on site should be shown on the final parcel map. 3. Street trees should be installed on the Margarita Street frontage to the approval of the Public Services Department.. 4.- The property line location between parcels A and B should be approved by the Community Development Director after the approval of a site and develop- ment plan for the site by the Architectural Review Commission. On motion of Councilman Petterson, seconded by Councilman Norris,.the following resolution was introduced: Resolution No. 3240, a resolution of-the Council of the City of San Luis Obispo granting tentative approval of Parcel Map No. 76 -560 (Chester Jost, applicant; 200, 206 and 210 Margarita Avenue). 1 i 1 City Council Minutes. February 1, 1977 Page 7 Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee, Norris, Graham, Petterson and Mayor Schwartz NOES: None ABSENT: None 11. The City Council considered the Minor Subdivision Map No. 76 -513, Ray C. Skinner, applicant; 1851 Royal Way and 132.0, 1340 and 1360 Rubio Lane, R -1 zone pending. Rob Strong,, Community Development Director, submitted the recommendations of Planning Commission subject to the following findings: 1. The proposed parcel map and design were consistent with the General Plan. 2. The site was physically suited for the proposed type and density of develop- ment permitted by.the R -1 zone. 3. The design was not-likely to cause substantial environmental damage, or- cause serious public health problems. 4. The design of the proposed subdivision would not conflict with public easements for access through, or use of, proposed subdivision. The Planning Commission also approved the subdivision subject to the following conditions: 1. All new lot corners should be staked by a registered civil engineer or licensed surveyor. 2. Utility services should be extended to each lot and should be undergrounded. 3. Subdivider should dedicate and install full one half street improvements across property frontages.. Said improvements should consist of curb, gutter, sidewalk, base and paving. Engineering should be conducted by a licensed engineer and inspection fees. should be paid to compensate the City for inspection expenses. 4. Subdivider should obtain an easement and grade and provide erosion control for remaining one half street to the approval of the.City Engineer. 5. Final map should show a one foot reserve strip along entire half ;street center line (with exception of a portion adjacent to Royal Way to accommodate existing adjacent development) to the approval of the City Engineer. 6. Street trees should be installed to the approval of the Public Services Department. 7. Subdivider should install street lights to the approval of Pacific Gas and Electric Company. 8. Fire hydrants should be installed to the satisfaction of the City, Fire Department. 9. Subdivider should submit to the City Engineer_an.engineered.grading and drainage plan showing lots 3 and 4 draining to Prefumo Creek. Final map should note that finish floor eleveations .should be one.foot above finish pad elevations. 10. Subdivider - should pay in lieu fees for park purposes prior to final map approval in the amount of $150.00 per lot. 11. Subdivider should pay water acreage fees prior to final map approval. 12. Subdivider should.pay sewer fees in the amount of $26.86 prior to final map approval. ' Ray C. Skinner, Real Estate Developer,.appeared before-the City Council, requesting that the Council modify conditions.4, 5 and 9 as established by the City Planning Commission but after a long.discussion with the City Council and staff, he withdrew his objections and asked the City Council to proceed with the approval of the.minor subdivision. On motion of Councilman Norris, seconded by Councilman Petterson, the follow- ing resolution was introduced: Resolution No.'3241 (1977 Series), a resolution of the Council of the City of San Luis Obispo granting tentative approval of Parcel Map No. 76 -513 (Ray C. Skinner, applicant; 1851 Royal .Way and 1320, 1340 and 1360 Rubio Lane). City Council Minutes February 1, 1977 Page 8 Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee, Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None 12. Sinsheimer Park Swimming Pool. John Ross, representing the firm of Ross and Levin Associates, Architects for the Swimming Pool Complex, presented for the City Council's information schematic drawings of their proposed swimming pool complex for Sinsheimer Park. At this moment, it was John Ross's estimate that the swimming pool's estimated cost was $1,486,000. Upon question he stated that preparation of plans and specifications for the completed project would be $110,000.00 for the architect. Jim Stockton, Acting Director of Parks.and Recreation, reported to the City Council that at the completion of the design development for the Sinsheimer Park Swimming Pool Complex that $39,200.had been spent.on pre - public works . grant application and $1,090 for necessary engineering services totaling $40,290. .It was his recommendation that the design work be halted at the completion of the design development phase in that the City would have a workable package from which major decisions could be made should financing become available. He also recommended that the working life of the Sinsheimer Swimming Pool Task Force be extended.until June 30, 1977 to further explore funding for pool design and construction. JoAnn Fenton, Chairman of the Advisory Task Force for the Swimming Pool Task Force, appeared before the City Council submitting a report of the Advisory Task Force as follows: , 1. Recommended to the City Council that the architect continue development of the detailed plans and specifications for the swimming pool complex in Sinsheimer Park. 2. Extend the operations of the Task Force until the end of the fiscal year, June 30, 1977. 3. .Authorize presentation of a summary report by the Task Force to the City Council. 4. Recommend that the City Council consider bonding as a means of financing the swimming pool complex and the employment of professional counsel to advise on the most appropriate method of bonding this type of project. The City.Council discussed with Ms. Fenton and John Ross some of the content in their report. Liz Fisher, Council Candidate, spoke in support of a swimming pool construction for the City and she urged construction now using grants, bonds, or whatever " monies the City could scrape together to provide this most needed facility for the citizens of San Luis Obispo. Mayor. Schwartz stated that he felt that the Council's action should be 1) to approve the continuation of the design development of the plans; 2) to approve I the continuation of the Task Force to 6/30/77; and 3) authorize Stone and Youngberg to look into an estimate on bonding for a swimming pool. On motion of Councilman Norris, seconded by Mayor Schwartz, that the City Council 1) approve the completion of the design development stage of the plans; 2) approve the continuation of the-Task Force until 6/30/77; and 3) authorize Stone and Youngberg to look into the financing of this project. Motion carried, all ayes. City Council Minutes February 1; 1977 Page 9 CONSENT ITEMS C -A . On motion of Councilman Norris, seconded by Councilman Petterson, copies of petitions signed by 3,000 persons opposing the development of certain County facilities on Johnson Avenue was ordered received and filed. Motion carried, all ayes. C -1 On motion of Councilman Norris, seconded by Councilman - Petterson, claims against the City were approved for the month of February, 1977 subject to the approval of the Administrative Officer. Motion carried,.all ayes. C -2 Memorandum from Edward Martin, Police Officer, protesting current procedures for selection of members to oral boards, specifically the oral board for Police Sergeant given on 1/5/77 and 1/6/77 was discussed by the City Council with Officer Martin, who reviewed what he felt were violations of good personnel practices in oral board interviews. Paul Lindell spoke on behalf of the General Employee's Association, hoping that the City Council would adopt the personnel rules which had been under preparation for the past year. Councilman Norris stated that he felt it was about time that the Administration submitted a list of Personnel Policies.so that all personnel in the City would be treated equitably and avoid this constant hassel before the City Council of personnel problems. He felt it was the duty of the Administration to handle these matters and not air each personnel gripe in public. On motion of Councilman Norris, seconded by Councilman Gurnee,.the matter was received and filed with City Staff directed to'expedite the adoption of adequate personnel rules for all employees of the City. Motion carried, all ayes. C -3 Communication and recommendation from the City Planning Commission recommending that a portion of Abbott Street between Henderson and Buena Vista ' Avenue, Richard DeBlauw, applicant, be abandoned. On motion of Councilman Norris, seconded by Councilman Petterson, the follow- ing resolution was introduced: Resolution No. 3242 (1977 - Series), a resolution of intention to abandon a portion of Abbott Street. Passed and adopted on the following roll call vote: AYES: .Councilmen Gurnee, Norris, Graham, Petterson and Mayor Schwartz NOES: None ABSENT:' None C -4 The City Council considered a list of properties that were required . to have curb, gutter and sidewalks installed under the provisions of the public necessity of Ordinance No. 257. D.F. Romero reviewed for the Council the properties involved. He stated that. most were close to downtown and that improvements were necessary to serve exist- ing pedestrian traffic but in some cases this would be quite expensive. On motion of Councilman Norris, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3243 (1977 Series), a resolution of the Council of the City of San Luis Obispo requiring.curb, gutter and sidewalk improvements on portions . of various streets in the City. Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee, Norris, Petterson,.Graham and Mayor Schwartz NOES: None ABSENT: None City Council Minutes February 1, 1977 Page 10 C -5 Communication from the Downtown Business Improvement Area requesting that the City Council amend, the contract. salary.of the.Administrator, R.I. Corcoran, to be increased to $545.00 per month effective January 1, 1977 thru June 30, 1977. On motion of Councilman Norris, seconded by Councilman Petterson, the following resolution was introduced: Resolution No._3244 (1977 Series), a resolution of the City Council of the City of,San Luis Obispo approving an agreement between the City.and Robert I. Corcoran for employment of the Business.Improvement Area Administrator. Passed and adopted on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None C -6 Communication from Dave Garth, Executive Manager of the Chamber of Commerce, requesting that.the City Council accept $500,000 liability insurance policy certificate as.adequate for one day filming of the picture "The Stunt" as originally the stunt planned for has been reduced from its original require- ment. On motion of Councilman.Norris, seconded by Councilman Petterson, the $500,000 insurance certificate was accepted. Motion carried, all ayes. C -7 Council consideration of plans and specifications for "MITCHELL PARK PLAYGROUND ",.City P1an.No. 32 -77. ,Engineer's Estimate,$86,677, alternate $77,327. Wm. Flory, Special Grants and Project Manager, requested the City Council adopt a resolution amending the Mitchell Park Project Agreement.changing the scope of the program from previous agreements to fit the budget funds. On motion of Councilman Norris, seconded by Councilman Petterson, the plans and specifications for the "Mitchell Park Improvements ", City Plan No. 32 -77 were approved and the plans and specifications were authorized to be adver- tised. Motion.carried, all ayes. On motion of Councilman Norris, seconded by Councilman Petterson, the follow- ing resolution was introduced: Resolution No. 3245 (1977.Series), a resolution of the Council of the City of San Luis Obispo authorizing amendment to Mitchell Park Project No. 40 -0003, State Beach, Park, Recreational and Historical Facilities Bond Act of 1974. Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee, Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None C -8 Council consideration of plans and specifications and authorized transmittal to Cal Trans for administration, bid award and construction for the "SANTA ROSA STREET WIDENING ", City Plan No. 7 -73, C.I.P. No. 3. $93,000 budgeted for the City share. On motion of Councilman Norris, seconded by Councilman.Petterson, the specifi- cations were approved and Cal Trans was authorized to proceed with the project. Motion carried, all ayes. C -9 Council consideration of Final Parcel Map No. 76 -512, Walnut Street between Morro and Chorro Streets; applicant, Nicholas Murphy. City Council Minutes February 1, 1977 Page 11 Wayne Peterson, City Engineer, recommended that the Council accept the final parcel map. On motion of Councilman Norris, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3246 (1977 Series), a resolution of the Council of the City of San Luis Obispo granting final approval of Parcel Map No. 76 -512; Nicholas Murphy, applicant, 878 and 894 Walnut Street. 1 Passed and adopted on the following roll call vote: AYES: Councilmen Petterson, Norris, Graham, Gurnee and Mayor Schwartz NOES: None. ABSENT: None C -10 Council consideration to approve plans and-specifications for "REPLACING FILTER MEDIA AT WATER TREATMENT PLANT ", City Plan No. 31 -77. Engineer's Estimate $54,000. Administrative Officer recommended it as No. 2 C.I.P. Project to be added for the,1977/78 budget, source revenue sharing. On motion of Councilman Norris, seconded by Councilman Petterson, the plans and specifications were approved and staff was authorized to advertise. Motion carried, all ayes. C -11 Laguna Lake Golf Course. Memorandum from William E. Flory; Special.Grants and Projects Manager, recommending that the pro /concessionaire's agreement which expires on 1 February 28, 1977, not be renewed and that the operation and management be delegated to the appropriate City personnel in the Recreation Department for operation. Mr. Flory reviewed for the City Council the costs involved in the present contract, the cost in the operation of the golf course and the difference that could be handled by the-City for full operation in addition to the present maintenance. D.F. Romero, Director of Public Services, stated that the City would probably realize a savings of $4,000 - $7,000 per year by City operation rather than pro operation in addition to building up food and merchandise stock. He informed the Council-that the present pro has been informed that this matter was being considered and his agreement might not be renewed on February 28, 1977.. Jim Stockton, Acting.Director of Parks and Recreation, reviewed the golf course pro contract and associated concessionaire's agreement reviewing four alternatives for Council discussion'as follows: 1. Recommended extension of existing Professional Contract and Concession Agreement with the present professional. 2. Recommended renegotiation of Pro.Contract and Concession AGreement considering the large increase in lease cost for the driving range incurred. in December, 1976 which has direct bearing on concessions allowed in agreement. 3. Recommended advertisement of position for any P.G.A.:Professional, interview those interested in the job and hire the•P:G:A. Professional whose program is most advantageous to the City. 4. Recommended that the existing contract and concession agreement NOT be extended or renegotiated and that the Recreation Department operate the shop and driving range concessions with part -time personnel super- vised by existing Department Staff. After review of the alternatives involved, he stated he would recommend Alternate 4 that beginning March 1, 1977 the concessions of shop and driving City Council Minutes February 1, 1977 Page 12 range revert to the operation of the Park and Recreation Department.. He felt that a.Department run operation using a part -time shop, range and course manager and part -time counter personnel will, at this particular time be much more advantageous to the City than contracting for a concessionaire. R.D. Miller, Administrative Officer, agreed with the staff recommendations and recommended that the contract with Mr. Kober not be renewed and that the City resume operation on March 1, 1977. Liz Fisher, Council Candidate, asked that the Council not make a decision on this recommendation this evening until they had an opportunity to review the staff's conflicting report as to cost of operation at the local golf course. She felt a complete picture of revenue and expenditure had not been submitted by the staff and.that what had been submitted_ was not correct. She felt they should look into this matter very carefully. She then submitted a petition signed by 141 people plus 14 letters urging continuation of the present operation with Mr. Kober as the professional golfer. D.F. Romero, Director of Public Services, again reviewed for the Council a report dated January 7, 1977 showing the conclusions for recommending that the City take over the operation of the leased golf course. He stated that figures relating to total cost of operation were not included, only those which would be affected by a change from pro to City operation. Jim Stockton, Acting Director of the Park and Recreation Department, again reviewed how he arrived at the figures in his letter of 1/7/77. Liz Fisher again questioned the complete figures forthe golf course.operation which she felt should include lease payments, maintenance, etc. so that the Council could make an educated decision.. She felt the figures as presented were misrepresented and incorrect. Mr. Avenzato felt the City should continue operation of the golf course with a professional and not some City employee. Joyce Ramkin spoke in support of continuing a contract with a golf.pro which she felt added to the prestige of the operation. She felt that the-proposal to have a City employee run the golf course would add higher costs to the operation. She objected to the Council's and City.staff hostile.attitude towards the golf course staff and to the participants and she felt that the City Council were not listening to the people in the audience or to the citi- zens of the Citv. Liz Fisher again urged the Council to renegotiate a contract with a professional and not give it to a high paid City employee on a part -time basis. Councilman Gurnee felt the City should continue consideration and ask the . Park and Recreation Commission to look into the operation for their recommend- ation to the City Council for the way to go on the golf course. He also felt that a full financial report on the golf course should.be submitted to the Council for publication to the public. Councilman Norris felt that full financial disclosure of golf course operation should be made so that the golfers and non - golfers could be aware of the amount of subsidy the taxpayers give to the small group of golfers of the City and he felt that if the cost of the operation of the golf course were divided by the number of users-it would be a 1 very interesting and shocking disclosure to the public. He felt that City employees should run the operation.' Councilman Petterson felt he did not.have.his mind made up and was still open as to what to do. He agreed that full disclosure of the financial cost of the golf course should be.made available to the public. He was still open on the golf pro contract. He hoped the Council would refer this to the Park and Recreation Commission for their input as it was in their area of responsibility. City Council Minutes February 1, 1977 Page 13 Councilman Graham felt it was good for.the City to own the land either as a golf course or as open space and he felt that the small number of golfers cost the taxpayers alot of money for this facility. He agreed that full financial disclosure should be made of the golf course operation for the full knowledge of the City Council. Mayor Schwartz felt that he would be willing to continue this matter for a complete financial disclosure of the golf course operation including the review of the number of players vs. of the cost of the taxpayers to operate the facility. On motion of Councilman Petterson, seconded by Councilman Gurnee, the matter was continued until February 15, 1977 with the full financial report on the maintenance and operation of the golf course including water, lease payments and also the use number of the facility. Motion carried, all ayes. C -12 The City Council considered the presentation of a Priority- L'istnF "submitted by the Utility Engineer of the $20,000 Quarterly Program for Water Improvement. Wayne Peterson attempted to explain the priorities-as established but due to the confusion of the Quarterly Program and the Item I on the Ordinance 604 -A deficiency, the matter was referred back to staff for a clear cut recommendation to be brought back to the City Council on February 15, 1977. C -13 The City Council considered a resolution approving sales agreement with the State of California for the.purchase of surplus land located between Bianchi Lane and Madonna Road which included 2,000 feet of San-Luis Creek in the amount of $46,000 (continued from'-May 3, 1976 for_preparation of the necessary agreements): Liz Fisher, Council Candidate, appeared before the City Council objecting to the City's expending taxpayers money to buy a creek bottom. She felt that the State of California should pay for the flood control improvements that were necessary and not expect the City's taxpayers to buy the State property and then pay for the required flood improvements. Rob Strong, Community Development Director, stated that the City needed the land for flood control or realignment of the creek-and for open space. He also felt that the City should prevent private parties from purchasing the land since any urban use,would be in conflict with t_he.General.Plan,:and more costly to provide access and utility service than the cost of purchase­as proposed: On motion of Councilman Norris, seconded by Councilman Petterson,.the.following resolution was introduced: Resolution No. 3247 (1977 Series), a resolution of the Council of the City of San Luis Obispo authorizing an option to purchase real property located along San Luis Creek between Bianchi.Lane and Madonna Road from the State of California, Department of Transportation. Passed and adopted on the following roll call vote: AYES: Councilmen Norris, Petterson, Graham, Gurnee and Mayor Schwartz. NOES: None ' ABSENT: None C -14 The City Council considered a resolution approving an agreement with San Luis Coastal Unified School District for purchase of a portion o.f land needed to extend Flora Street through to Southwood Drive. On motion of Councilman Norris, seconded by Councilman Petterson, the following resolution was introduced::'Resolution No. 3248 (1977 Series), a resolution of the Council of the City of San Luis .Obispo approving an agreement with San Luis Coastal Unified School District for City purchase'of land needed to extend Flora Street. City Council Minutes February 1, 1977 Page 14 Passed and adopted on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None _ C -15 Council consideration of grant deeds and agreements from 1) Robert H. Mott /Margaret C. Mott; and 2) Southlan_d.Corporation for Santa Rosa..Street Widening Project. . On motion of Councilman Norris, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3249 (1977 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Robert H. Mott, et ux. for acquisition of Santa Rosa Street Right of Way. Passed and adopted on the following roll call vote: AYES: Councilmen Graham, Gurnee_, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None On motion.of Councilman Norris, seconded by Councilman Petterso., the following resolution.was introduced: .Resolution No.:.3250 .(1977:Series); a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and the Southland Company for acquisition of Santa Rosa Street Right of Way. Passed and adopted on the following roll call vote: , AYES: Councilmen Gurnee, Norris, Graham, Petterson and Mayor Schwartz NOES: None ABSENT: None C -16 On motion of Councilman Norris, seconded by.Councilman Petterson, that the following contract pay estimates were approved and ordered paid: Baker Corporation Est. 462 $.1,065.00 SOUTH STREET SEWER LINE C,.C.O. 461 + .1,750.00 IMPROVEMENT PROJECT Est. 463 FINAL 671.90 (3/21/77) C.P. 465 -77 Fred Julien & Associates Est. 463 4,164.84 McMILLAN SEWER ASSESSMENT C.C.O. 461 - 770.60 DISTRICT C.C.O. #2 -C C. - :0. (iii C.P. 4615 -76 C.C.O. 463 + 522.10 C.C.O. 464 + 100.00 Est. 464 FINAL 3,676.52 (3/21/77) A.A. Portanova & Son, Inc. Est. 464 18,950.90 CROSSTOWN FEEDER PHASE II Est. 465 FINAL 36,135.40 (3/21/77) C.P. 4611 -76 Motion carried, all ayes. C -17 _ On motion of Councilman Norris, seconded -by Councilman Petterson, the claim against the.City by.Ms..Donna LaFreniere, 1308 Oceanaire, in the amount of $257.18 for damages done to her bathroom and utility room when sewer backed up was denied and referred..to the insurance carrier. Motion carried, all ayes. City Council Minutes February 1, 1977 Page 15 C -18 R.D. Miller, Administrative Officer, announced the following appoint- ments to City employment subject to a one'year probation: Bruce D. Smith as Police-Officer beginning 1 /17/77 at Step 1 or $1008 per month. Leslie A. Thomas as Dispatcher -Clerk beginning 1/18/77 at Step 1 or $702 per month. TRAFFIC COMMITTEE ITEMS TC- lT -1 -77 Requestl'by_D:F.. Romero to review the need for two green zones on the south side of Higuera Street easterly of the intersection of Santa Rosa... TC- 3T -1 -77 .Request by Post Office for a mail zone on the easterly side-of Laurel Lane adjacent to the Laurel Lane Market. TC- 5T -1 -77 Request by D.F. Romero to review the green zone on the westerly side of Toro Street between Higuera and Marsh Streets. TC- 7 -1 -77 Request by W.A. Peterson to restrict parking along-both sides of Johnson Avenue as required to install a left -turn pocket on Johnson Avenue at Bishop Street. On motion of Councilman Norris, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3251 (1977 Series), a resolution of the City of San Luis Obispo rescinding green zones on a portion of Higuera Street and a portion of Toro Street;. r•esc_inding parking restrictions on a-portion.of Pismo Street; prohibiting- p4rking_6n_a: portion of Johnson Avenue.and establishing a mail zone on Laurel Lane adjacent to Laurel Lane Market. Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee, Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None TC- 2T -1 -77 Request by W.A. Peterson to review the existing driveway and red curb.on the southerly side of Pismo Street westerly of Osos Street. Action: Approve request. TC- 4CC -1 -77 Request by City Council to review the hours of meter enforcement in the downtown area. Action: Council concurrence with staff recommendation. TC- 6CC -1 -77 City Council request to review the need for. additional parking. T's on streets in the Cal Poly area. Action: Refer to staff, report back to Traffic Committee in April. TC- 8T -1 -77 Request by W.A. Peterson to review Traffic Ordinance of the City. 1 Action: Traffic Committee to review Ordinance and discuss at next meeting. TC- 9T -1 -77 Request by Traffic Committee to review methods of traffic control in school zones. Action: Council concurrence with staff recommendation. On motion of Councilman Norris, seconded by Councilman Petterson, that the above staff actions be accepted. Motion carried, all ayes. APPROVED: March 15, 1977 a J. .-Fitzpatrick; City Clerk u 1 City Council Minutes February 1, 1977 Page 16 AWARD OF BIDS B -1 The City Clerk.reported on the following bids received for "THREE WHEEL VEHICLES" for the Water Department as follows: . Power Lift Company Item 1. $3,588 P.O. Box 392 Less Trade In 200 Net Price $3,388 NO DEVIATIONS LISTED Item 2 $4,220 Less Trade In 200 Net Price $49020 On motion of Councilman Norris, seconded by Councilman Petterson; the bids of the Power Lift Company were accepted with the City staff to bring back necessary resolutions for necessary: budgetary augmentation. Motion carried, all ayes. The City Council adjourned to Executive Session. The City Council reconvened in Regular Session and adjourned at 12:00 midnight, February -1, 1977. APPROVED: March 15, 1977 a J. .-Fitzpatrick; City Clerk u 1