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HomeMy WebLinkAbout03/01/1977MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY; MARCH 1, 1977 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL Pledge Roll Call I PRESENT: Councilmen Graham, Gurnee, 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; Wayne Peterson, City Engineer; D.F. Romero, Director of Public Services 1. The City Council held a public hearing on Resolution No. 3242, a resolution of intention to abandon a portion of Abbott Street between Henderson and Buena Vista Avenue. Mayor.Schwartz declared the public hearing open. No one appeared before the City Council for or against the abandonment. Mayor Schwartz declared the public hearing closed. On.motion of Councilman Petterson, seconded by Councilman Graham, the following resolution was introduced: Resolution No. 3256 (1977 Series), a resolution of the Council of the City of San Luis Obispo finding and determining that a portion of Abbott Street is unnecessary for present or prospective street purposes and ordering the abandonment of same. Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee, Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None 2. The City Council held a public hearing on Resolution No. 3243, a resolution of the City Council of the City of San Luis Obispo requiring sidewalk improvements on portions of various streets in the City. D.F. Romero, Director of Public Services, presented a map and reviewed the requirements of the street improvements. Mayor Schwartz declared the public hearing open. T. Maomi,.761 Morro Street, a new owner of the property, did not know what improvements he would place on the property but asked that the City Council grant a one year extension so that he could include the improvements in his development when the property was built. Mayor Schwartz declared the public hearing closed. On motion of Councilman Graham, seconded by Councilman Norris, the following resolution was introduced: Resolution No. 3257 (1977 Series), a resolution of the Council of the City of San Luis Obispo determining that public convenience and necessity require construction of certain improvements (but granting 761 Morro Street a one year extension for placing the improvements and that sidewalk be exempted at 662 and 670 Osos Street). City Council Minutes March 1, 1977 Page 2 Motion lost on the following roll call vote as a 4/5 vote was required on side- walk improvements. AYES: Councilmen Graham, Norris and Gurnee NOES: Councilman Petterson and Mayor Schwartz ABSENT: None On motion of Councilman Petterson, seconded by Mayor Schwartz, the resolution , was reintroduced with the only exception to 761 Morro Street. Motion lost on the following roll call vote: AYES: Councilman Petterson and Mayor Schwartz NOES: Councilmen Graham, Norris and Gurnee ABSENT: None On motion of Councilman Graham, seconded by Councilman Gurnee, that Resolution No. 3257 be adopted but granting exception to 761 Morro Street and that sidewalk be exempted at 662 and 670 Osos Street. Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee, Graham, Norris and Mayor Schwartz NOES: Councilman Petterson ABSENT: None 3. The City Council held a public hearing on the recommendation of the I Planning Commission that the City Council reactivate the Interim Sign Ordinance which expired on January 7, 1977 for an additional eight month period -. Rob Strong, Director of Community Development, stated that the Urgency Interim Sign Regulations adopted and twice extended to protect against the worst signing possible under the present ordinance, expired January 7. He stated, as the Council already knew, the Planning Department anticipated adoption of new regula- tions prior to that expiration date as it had been under consideration for two years. However, several requests by the Chamber of Commerce for postponement of the hearing had resulted in its being deferred until March 16, 1977 and the earliest that the new regulations could be adopted by the Council and be'effective would be June 15, 1977. Further, concerned that the leniency of present regula- tions would be abused pending adoption of more protective provisions, the Planning Commission, at their meeting of February 2, 1977, unanimously recommended that the Council reactivate the interim-ordinance as soon as possible. He then reviewed the provisions of the urgency ordinance prepared by the Planning Commission and approved by the City Attorney, which would again extend discretionary review of the potentially most objectionable signs, consistent with the requirements of state law concerning emergency measures. He recommended that the City Council adopt the ordinance to extend the interim sign ordinance for eight months,.until November 1, 1977...,. Mayor Schwartz declared the public hearing open. Ron Dunin, Chairman of the Downtown Business Improvement Area member of the Chamber of Commerce, stated that his organization supported the recommended urgency ordinance until the ordinance was prepared in cooperation by the City and the interests of the business community could be submitted. No one else appeared before the City Council on this subject. Mayor Schwartz declared the public hearing closed. City Council Minutes March 1, 1977 Page 3 On motion of Councilman Graham, seconded.by Councilman Gurnee, the following ordinance was introduced and passed to print: Ordinance No. 696 (1977 Series), an interim urgency ordinance amending the Municipal Code to provide additional regulations for signs as related to various land use zones, requiring use permits for various signs, and ordering the timely adoption of new sign regulation pro- visions for the Municipal Code. Passed and adopted on the following roll call vote: ' AYES: .Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: .None ABSENT: None 4. The City Council.considered, the final revised agreement for the Racquetball/ Handball Facility and a communication from the Park and Recreation Commission recommending that the City Council approve the Johnson Playground site for the proposed racquetball /handball facility. Jim Stockton, Acting Director of Parks and Recreation, stated that the amendments to the agreement between the City and the lessee had been amended as follows: Article III, 3:02B - Relaxation..of non - competition clause. Article VII, 8.01 - Tenant to provide at his cost all parking improvements for 32 spaces, but have exclusive right to only 16 spaces; and Article VII, 8.03 - Tenant will maintain parking lot and all other facilities on the exterior portions of the leased-land. Liz Fisher appeared before the City Council and stated that she was opposed to the exclusive provisions granted to the promoters of this racquetball /handball facility. She felt the City should be free to build their own facility wherever 1 and whenever they felt. She also questioned the sale of alcoholic beverages in this facility as this was.a recreational facility and youngsters would.be going there and she felt there should be no alcoholic beverages. She stated that 2% of the gross was too low and that the City should receive at least 5%. Finally, she stated that she objected to the total contract provisions as proposed by staff. Councilman Norris stated that he was opposed to the use of allowing alcoholic beverages near the schools and he would oppose the lease on that basis. Councilman Graham stated that he also felt the same.and would oppose the lease: Councilman.Petterson stated that he was in support of the lease, would leave the alcoholic control in the hands of the A.B.C. as he did not feel that the City should get into that as they had no authority. Councilman Gurnee stated that he was in support of the facility, felt it was needed.by the City, felt that it would be used by.the citizens, and he too felt that the Alcoholic Control Board should control the liquor, if any were used on the premises. Councilman Norris again stated very strongly that he would vote no on the issue of booze,being served at this facility. Mayor Schwartz stated that he was in support of the lease. He felt that the ' recommendation of the staff protected the City and felt that the State Alcoholic Beverage Control Board would control any liquor abuses or issuances of licenses. On motion of Councilman Gurnee, seconded by Councilman Petterson, the following resolution was confirmed: Resolution No. 3224 (1977 Series), a resolution of the Council of the City of San Luis Obispo approving agreements between the City and BKB Associates (Burke- Kuttler- Beguelin) related to construction of a racquet- ball /handball facility. City Council Minutes March 1, 1977 Page 4 Re- confirmed for amended agreement on the following roll call vote: AYES: Councilmen Gurnee, Graham, Petterson and Mayor Schwartz NOES: Councilman Norris ABSENT: None 5. The City Council considered a memorandum from Wayne Peterson, City Engineer, regarding the striping of Broad Street., Capitolio to High Street. Wayne Peterson reported that at the present time the striping plan for Broad Street called for two travel lanes and a bike lane for either side of a raised median island between Capitolio and Orcutt. With the deletion of the solid white stripe which delineated the bike lanes, there was the capability of accommodating parking on both sides of the street, if desired. The final paving had not been completed in this area, therefore, a change from the present plan would be of no cost at the present time. The final striping had been almost completed between Orcutt and High Streets as constructed. There was no parking on the east side of the street. Parking was allowed between Orcutt and Funston on the west side. The block between Funston and South had no parking on the west side because of the turning lanes at the South Street intersection and the narrowing of the curb to curb dimension from 80 to 74 feet. He continued that the present striping plan called for bike lanes with no park- ing on either side between South Street and High Street, the end of the project. A two -way left -turn lane had been striped in the center of the roadway as far north as Sandercock Street. It transitioned over to conform to the existing alignment at High Street. Staff suggested that to provide parking on Broad Street, the City have the delin- eated bike lane system removed completely and create a situation where bicyclists and vehicles share the outer traffic lane. A two -way left -turn lane (minimum 14' wide) would be centered in the roadway. This could be converted to raised median islands at some future date. He stated that the only parking restrictions proposed would be in areas where parking would interfere with traffic movement in the vicinity of intersections and on the east side of Broad Street between Chorro Street and High Street, the end of the project. The Department of Transportation had estimated the cost more precisely and felt that the total cost was likely to be $40,000. This included laying 0.05' of open graded asphalt.mix to cover the existing striping, traffic control, new loop detectors, raising manholes and valve wells, design and installa- tion of new striping, and miscellaneous overhead. The City Engineer stated there was a legal problem which could cause a delay assuming restriping was desired. The contractor A.J. Diani was working on the project. No other contractor could be involved in the work within the project area without operating through Diani who would, of course, want a profit margin on work done. If Diani were involved in the proposed modification to the striping layout, it was estimated that the cost would be as much as 50. to 100% more than the present estimate which assumed a separate contract let upon the completion of Diani's project. He stated he was seeking legal determination to see if it were possible to make the change if the contractor was merely released of maintenance responsibility by the State. Wayne Peterson recommended that the City install no parking signs in order to release both City and State for liability for an unsafe condition and authorize the State to prepare plans and specifications for the restriping to be constructed under a separate contract with the City responsible for manhole adjustments. D.F. Romero, Director of Public Services, stated he concurred with the principles outlined by the City Engineer. The State had requested that his department reinstall the no- parking signs within a reasonable period in order to reduce both 1 1 1 City Council Minutes March 1; 1977 Page 5 the City and State liability. The recommendation implied that.merchants would be asked to put up with the no- parking signs for about six months. The State had refused to permit chip seal which was by far the cheapest method of obliterating the striping. If the Council wished, the staff would try again to appeal to the District Engineer in this matter. He then submitted for the Council's consideration the history of this matter, presenting copies of resolutions no's. 2695 and 2680 (1974 Series) dealing with the parking on Broad Street, minutes of the Council meetings at which these matters were discussed in the 1974 and various communications dealing with this project. After discussion, it was moved by Councilman Petterson, seconded by Councilman Norris, that the City Council direct the City Engineer to continue to work with the State District Engineer for alterations to the paving and striping corrections to Broad Street and that the staff be directed to research the entire project including minutes and all documents of the 1974 Council action in order to review the original rational of the Council in their determination. Motion carried, all ayes. 9:04 p.m. Mayor Schwartz declared a recess. 9:05 p.m. The City Council reconvened with all Councilmen present. 6. The City Council considered Minor Subdivision No. 77 -16 for 3210 and 3320 Flora Street requested by-the City of San Luis Obispo. The City Staff explained that this minor subdivision involved the realignment and extension of Flora Street through to Southwood Drive. The Planning Commission staff recommended the approval of subdivision subject to the four findings and three conditions as follows: Findings: ' 1) The proposed parcel map and design are consistent with the General Plan; 2) The site is physically suited for the proposed type and density of development permitted by the R -1 zone; 3)--The design is-not-likely to cause substantial environmental damage, or cause serious public health problems; and 4) The design of the proposed subdivision will not conflict with public easements for access through, or use of, property - within the proposed subdivision. Conditions: 1) A1.1 lot corners shall be staked by a registered civil engineer or licensed surveyor; 2) Street trees shall be provided per Public Services Department approval•; and 3) Subdivider shall extend sewer, water and other utilities to serve Parcel 3 and shall relocate or replace all services and utilities in new Flora Street right -of -way to the approval of the City Engineer. On motion of Councilman Gurnee, seconded by Councilman Graham; the following resolution was introduced: Resolution No. 3258 (1977 Series), a resolution of the City Council of the City of San Luis Obispo granting tentative approval of Parcel Map No. 77 -16 (City of San"Luis Obispo, applicant; 3310 and 3320 Flora St). Passed and adopted on-the following roll call vote: AYES: Councilmen•Gurnee, Graham; Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None 7. Request from the Planning Department that the City Council consider acquisition of the property south of Brizzolara Street between U.S. 101 Highway and Stenner Creek or establish an alternative General Plan /Zoning consistency interpretation (493 Brizzolara Street). ° City Council Minutes March 1, 1977 Page 6 Rob Strong, Director of Community Development, stated that a conceptual resi- dential development proposal for undeveloped acreage at the southwest end of Brizzolara Street had been submitted for City consideration because of freeway noise, flood -prone situation, scenic corridor adjoining the freeway, and apparent potential for conflict with flood control improvement, and the lack of access or acceptable utility service, staff recommended that the City Council consider acquiring this property for.public purposes. The proposed development was 15 units per acre resulting in 43 units on the site , and it was felt by the staff that this would be inappropriate, aggravating access, utility, flood mitigation and noise constraints and scenic and design concerns. It was the staff's opinion that this property, with all the problems, would be extremely difficult to develop and that the City, could, byl proper application of zoning consistent with the Plan and administration of Council policy, not allow development which would interfere with flood control. However, there was some question whether the combination of regulations would constitute the "taking" of property rather than reasonable exercise of the police powers. Therefore, in lieu of the difficulties of development, staff recommended that the Council consider acquisition to preclude any conflicting development and to protect the potential flood control channel modifications. He stated that staff recognized the City had limited financial resources and that the flood control acquisitions had not been recognized in the City's CIP. He felt, however, that this decision was a major one for the Council. In the event the City did not elect to acquire the site for public use, the staff requested a Commission and Council interpretation of appropriate land use classification:' in.this regard, the staff considered R -1 the most permissive.acceptable zone, and Agricultural /Cons Conservation the most appropriate and consistent with the General Plan. Roger Marshall, proposed developer of the property, spoke in support of his and Joe Silvaggio's proposal to develop property at 493 Brizzolara, which was a plan to develop. 43 units on the subject property. They then reviewed for the City Council schematic drawings of the proposed development on the land. They felt that they had mitigated all the criticisms of the City staff and hoped that the City Council would approve the development or at least give them an opportunity to show how these alleged "constraints" could be avoided. The City Council discussed the staff's suggestion of purchasing this property to avoid future flood control problems and also considered the development pro- posed by Marshall /Silvaggio. It was the consensus of the City Council that the City was in no position to purchase the land, and that the developer be allowed to go ahead and see if all the problems could be resolved. On motion of Mayor Schwartz, seconded by Councilman Petterson, the recommendation by staff was ordered received and filed. Motion carried, Councilman.Graham voting no. 8. Communication from D.F. Romero, Director of Public Services, reviewing for the City Council, the matter of the health department insistence on the covering of Reservoir No. 1 and elimination of the use by the City of the Hansen and Gularte Creek water supplies. D.F. Romero, Public Services Director, recommended that the City Council at its meeting of March 1 commit the City to the covering of Reservoir No. 1 and direct the staff to commence preparation of plans and specifications so to have the project under construction with the beginning of,the new budget year and direct staff,to cease use of the Hansen /Gularte Creeks by July 1, 1977 but direct staff to continue investigating means of satisfying departmental health regulations in order to continue utilization of this water source. On motion of Councilman Norris, seconded by Councilman Gurnee, that the City Council approve the recommendation on covering Resorvoir No. 1 and authorize the staff to proceed with the plans and specifications to cover the reservoir and to place the necessary funds in the 1977/78 budget. Motion carried, all ayes. on motion of Councilman Gurnee, seconded by Councilman Graham, that the matter of the Hansen /Gularte Creeks be continued for clarification of the Health Department, particularly in light of the drought and the fact that the City intended to comply with the reservoir covering, could this continued use go on. Motion carried, all ayes. City Council Minutes March 1, 1977 Page 7 9. Communication from the Planning Commission, unanimously recommending to the City Council changes to-the Zoning.Regulations in order to achieve basic consistency with the recently adopted Urban Land Use Element. Text and chart changes, together with map changes to be accomplished in the neighborhood by neighborhood rezoning program, would achieve necessary consistency between development policy and regulations. Pending changes to parking and driveway standards, home occupation provisions and non - conforming lot provisions, would further revise some of the most troublesome sections in the present regulations for the Council and the Planning Commission. The Planning Commission had stated.the staff would continue to work to complete the new zoning regulations which incorporated procedural improvements, refined performance standards, etc. On motion of Councilman Gurnee, seconded by Councilman Graham; the consideration of the proposed zoning amendments.were set for a future study session. Motion carried, all ayes. CONSENT ITEMS C -1 On motion -of Councilman Graham, seconded by Councilman Petterson, the claims.against the City for the month of March, 1977, were approved subject to the approval of the Administrative Officer: Motion carried,.-all ayes. C -2 Appeal from George C. McGinnis, Chairman of the Congregational Church Building Committee, requesting relief from the requirement that their proposed new 140' sanctuary include automatic fire sprinklers. The appeal was on a con- dition of the Planning Commission's use permit for the church expansion. The problem was a code requirement which.could not.be alleviated by either the staff or commission action. The Uniform Fire Code,-adopted and enforced by the City was supplemented by local requirements that buildings of this type and size be on a 4- minute Fire Department response time, and be subject to special fire pro- tection provisions to mitigate Ordinance 604 -A deficiencies. Rather than appeal ' the special private safety precautions, the apparent solution to the problem was that the City commit to concurrent provisions either interim or permanent to insure the Laguna area adequate public fire protection. In brief, this could be accomplished by placement of men and equipment in a temporary facility within 4- minute response time and /or accelerating -the construction of permanent Fire Station No. 4 at the Los Osos Valley and Madonna Roads. In any event, it might be necessary that the Church defer commencement of sanctuary construction to assure that the City can concurrently correct the fire response time deficiency without imposing special and expensive private precautions such as..automatic sprinkler installation. Councilman Norris felt that the Church should not be required to go to this expense and put in this sprinkler system to protect their building as it was unfair due to the City's reluctance to provide adequate fire protection to all citizens of the City. He stated that he had voted for this fire station in Laguna Lake at least four times and that the City Council and staff would not go ahead. He stated that he was disappointed in the staff's response to a Council directive to place fire protection in the Laguna Lake area. Councilman•Graham agreed that it was-unfair for-:the Church using their buildings one day a week to have to go-.to-this extreme expense of-fire protection.when the .Council had approved all types of other dwellings for high density in the same area with.no problem. He too-.felt the ^City:.was wrong in-•not giving adequate fire protection to-a11-City residents, particularly when the staff had been directed to start a fire protection program in the valley. ' Allen Grimes, City Attorney, commented that:the City could not violate its own ordinances dealing with building safety but that-the-Council could amend the ordinance and exempt this use from code provisions. Mayor Schwartz questioned whether City could issue a permit for the Church on the basis that a fire station would some day be built in the Los Osos /Madonna Road -area: City Council Minutes March 1, 1977 Page 8 George McGinnis, Church Committee Chairman; spoke in support of the Church's appeal to the City requirement in installing automatic fire sprinklers.in the Church addition. He urged the Council to proceed with some type of fire pro - tection,in order-to protect,.not•only'the Church, but all its citizens living in the - area: He stated that-if the City Council persisted in the requirement of sprinkler systems for the Church, they would have to desist from any additions as it made the cost completely out of line. Councilman Norris moved that the City should require smoke detectors in lieu of sprinklers and that the City proceed with the construction of the fire station and order the building permit issued for the Church. Motion lost for lack of a second. - On.motion of Mayor Schwartz, seconded by Councilman Gurnee, that the matter be continued to noon; Wednesday, March 2, 1977 to hear the.Arthur D..Little Report on Fire and Police Facilities in Operation. Motion carried. C -3 On motion of Councilman Graham, seconded by Councilman Petterson, the Council adopted the recommendation of all 17 projects submitted from the Advanced Planning Section, which summarized all Level II, 604 -A deficiencies for the periodz-August, 1976 through January; 1977.: Motion carried. C -4 On motion of Councilman Graham; seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3259 (1977 Series), a resolution of the Council of the City of San Luis Obispo recommending various options to be included in State Legislation implementing local government' unemployment compensation insurance payments. Passed and adopted on the-following roll call vote: - AYES:' Councilmen Gurnee,-Graham; Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None C -5 On motion of Councilman Graham, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3260; a resolution of the Council of the City of San Luis Obispo accepting the Quitclaim Deed on Los Osos Road and approving an agreement between the City and Thomas A. DeVaul and Alva J. DeVaul for acquisition of-Los Osos Road 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 C -6 Communication from Art Shaw, Attorney for Imperial Savings and Loan Association; appealing staff interpretation of sign ordinance provision proposal of the City for a new office building on the corner lot of Santa Rosa and Meinecke Streets was continued to March 15th Study Session on the Zoning Requirements on motion of Mayor Schwartz, seconded by Councilman Gurnee. Motion carried. C -7 Communication from Art Shaw, Attorney for developer of property situated at 553 Chorro Street, requesting that map for new General Plan be corrected before being published was continued to March 15, 1977 with staff to-prepare report on the issue on motion of Mayor Schwartz, seconded by Councilman Gurnee. Motion carried. C -8 Communication from Art Shaw, representing Tony Brown and architects Priest, Richmond, Wolf and Rossi, objecting to zoning ordinance amendment requiring downtown theatres to provide parking by use permit was continued to March 15, 1977 with staff to prepare comments on motion of Mayor Schwartz, seconded by Councilman Gurnee. Motion carried. 1 1 City Council Minutes March 1, 1977 Page 9 C -9 On motion of Councilman Norris, seconded.by Councilman Petterson; the City Council approved the revised draft brochure with changes as submitted by the Human Relations Commission. Motion carried: C -10 On motion of Mayor Schwartz, seconded by Councilman Gurnee, the 20 year program for streets and highway construction and maintenance for the City of San Luis Obispo were approved subject to the addition of median islands on Broad ' Street from High to Orcutt Road and Los Osos Valley Road. Motion carried. C -11 On motion of Councilman Graham, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3261 (1977 Series), a reso- lution of the Council of the City of San Luis Obispo approving an agreement between the City and the City of Santa Barbara for narcotics and crime reduction grant. Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee,'Graham, Norris, Petterson and Mayor Schwartz C 7- NOES: None ABSENT: None C -12 On motion of Mayor Schwartz, seconded by Councilman'Petterson, the Annual Independent Audit for the fiscal year 1975/76 was accepted and ordered received and filed as was the Management Report. Motion carried. C -13 -On motion of-Councilman Graham, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3262 (1977 Series), a resolution of the Council of the City of San Luis Obispo revising the City's 1976/77 Annual Transportation Claim against the Local Transportation Fund of the County of San Luis Obispo: - - - Passed and adopted on the--followiing roll call vote: AYES: Councilmen_ Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES:' None ABSENT: None C -14-- - On motion--6f-Councilman-Graham,--seconded by Councilman Petterson, the following resolution was introduced: --Resolution No. 3263 (1977 Series), a reso- lution of the-Council.-of the-City of San Luis Obispo approving an agreement between the City and the County of San Luis Obispo, et al. (For settlement of-the Danley suit)-. Passed and adopted on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson.-and Mayor Schwartz NOES: None - ABSENT: None E C -15 on motion of Councilman Graham, seconded by Councilman Petterson, the following listed encroachment - permits for temporary erection of improvements within the public right-of way were approved:- 1) Westside Auto Parts, Inc., 2) 1690 Hillcrest Court; 3) 1020 Railroad Avenue; 3597 Johnson Avenue; 341 Higuera Street. Motion carried. C -16 On motion of Councilman-Graham, seconded by Councilman.Petterson, the Resolution No: 1048 -77 of the City Planning Commission deferring requests for annexations and amendments'to the General Plan was ordered received and filed. Motion carried. City Council Minutes March 1, 1977 Page 10 C -17 On motion of Councilman Graham,'.seconded by Councilman Petterson, to approve extended.sick leave for William Flory, Grants:-and Special Project Manager, effective February 14,'1977 for an indefinite period of time. Motion carried. C -18 R.D. Miller, Administrative-Officer, announced the promotion of Gerald_L._Arnett'to the position of Battalion Chief in the Fire Department effective 2/16/77 with a reddmmendation'that he start at Step•4 or $1546 per 1 month subject to a one year probationary period and consideration for advance- ment to the 5th Step in one year. . C-19, R-.D. Miller, Administrative Officer, announced the appointment of Donald H. Reid, Jr:, to the position of Sr'. Engineering Aide effective 2/14/77 at Step I or $844 per month, subject to a one -year probationary period. C -20 On motion of Councilman Graham, seconded by Councilman Petterson, claim against the City by Gladys Baldwin, 1333 Johnson Avenue, in the amount of $51,525.76 for injuries allegedly suffered as a result of slipping and falling on a City sidewalk was denied and referred to the City's insurance carrier. Motion carried. TRAFFIC COMMITTEE REPORT OF 2/14/77 TC- 1T -2 -77 Request by Ken Masters, Manager of Stenner Glen, to review the parking prohibition on'Santa Rosa Street. Traffic Committee recommended denial of request. On motion of Councilman Norris, seconded by Mayor-Schwartz, to support the Traffic Committee recommendation and deny the request. Motion carried, all ayes. TC- 4T -2 -77' Request by Students at San Luis Obispo Junior High-School for a crosswalk at Lizzie and Fixlini Streets. Traffic Committee recommended denial of request. On motion of Councilman Norris, seconded by Mayor Schwartz, the Traffic Committee's recommendation was upheld. Motion carried. TC- 5T -2 -77 Request by Mrs. Hanlon that the City Council review the inter- section of Buchon and Johnson Avenue and consider installation of a traffic signal. Traffic Committee recommended that no'change-be made but that the staff be directed to prepare a Master Plan for the improvement of the Johnson Avenue and San Luis Drive to Marsh..Street. On motion of Councilman Norris, seconded by Mayor Schwartz, that the Traffic Committee recommendation be accepted. Motion carried. TC- 6T -2 -77 Request by Mrs. Bilodeau for parking prohibition in front of-her house on Johnson Avenue. Traffic Committee recommended denial of request but set the item for public hearing at a future date. On motion of Councilman Norris, seconded by Mayor Schwartz, the Traffic Committee recommendation was approved. Motion carried. TC- 7C -2 -77 Request by Councilman Norris to review the site obstruction caused by the signal controller box at the intersection'of Lizzie and Johnson Avenue. The recommendation by the Traffic Committee was that the controller box be moved and that a split green arrow and pedestrian lights be installed at this intersection.to be incorporated in the'197.7/78 budget. City Council Minutes March 1, 1977 Page .11 On motion of Councilman Norris, seconded by Mayor Schwartz, that the Traffic Committee recommendation be approved. Motion carried. TC- 8T -2 -77 .Proposed Traffic Regulation Ordinance. Traffic Committee recommended that the Proposed Traffic Regulation Ordinance be referred to Administration for processing-and for future study by the City Council. On motion of Councilman Norris, seconded by Mayor Schwartz; the recommendation wa.s accepted. Motion carried. TC- 2T -2 -77 Request by_Mr. Craig Cooper to review the intersection of North Tassajara and Cerro Romauldo and consider the installation of four -way stops in order to provide for a safer intersection. TC- 3T -2 -77 Request by Wayne Peterson, City Engineer, to review existing crosswalks on Johnson Avenue at Ella and - Munoz. On motion of Councilman Norris, seconded by Mayor Schwartz, the following resolution was introduced: Resolution No. 3264 (1977 Series), a resolution of the Council of the City -of San.Luis Obispo.approving the installation of stop signs on Cerro - Romauldo at North"- Tassajara -and removing,existing school crosswalks on Johnson Avenue at Munoz Street and Ella Street. Passed and.adopted on the following roll call vote: AYES: Councilmen Norris, Petterson.and Mayor Schwartz NOES: Councilman - Graham 3. R. Burke Corporation Base Bid $188,125. P.O. Box 957 San Luis Obispo, Calif. 93401 ABSENT: Councilman Gurnee - BIDS RECEIVED . B -1 The City Council received the report of the City Clerk on bids received for the "MITCHELL PARK PLAYGROUND REDEVELOPMENT ", City Plan No. 32 -77, bids opened February 22, 1977, Engineer's estimate $86,677, alternate $77,327: Bids received were as follows: 1. Conco Engineering, Inc. . Base Bid $119,061. P.O..Box 511 San Luis Obispo, CA 93401 Deductive Alternates: Item No. 16 1,200. Item No. 17 3,000. Item No. 18 10. Item No. 19 3,000. Item No. 20 10. 2. Bunnell Construction Co. Base Bid $168,593. 200 Suburban Road San Luis Obispo, Calif. 93401 Deductive Alternates: Item No. 16 2,619. Item No. 17 3,333. Item No. 18 1,893. Item No. 19 1,527. Item No. 20 267• 3. R. Burke Corporation Base Bid $188,125. P.O. Box 957 San Luis Obispo, Calif. 93401 City Council Minutes March 1, 1977" Page 12 Deductive Alternates: Jerry Emery, representing SEDES, stated that he felt the low bid.was a good.one as the project was extremely complicated and that from the time it started until the project went to_bid, the simple inflationary cost had increased the project to 35 percent over the architect' "s estimate. He felt that the City had received an excellent bid from Conco and that the City.should go ahead, subsidizing the project from General Fund monies. Pat Sullivan, architect on the project, did not feel that re -doing the plans would give the City a good project. He felt that all that could be done would be to reduce the scope which would not be what the Council had in mind. He recommended that the Council review the scope of the.project and proceed with the low bid which he felt was excellent in view of inflationary costs, labor, etc. On motion of Councilman Gurnee, seconded by Councilman Graham, that the City delay award of bids until March 15, 1977 which would allow the consultant, the architect and staff to come back to Council with design changes after discussion with the low bidder and attempt to reduce the overall bid by 15 %.over.estimate. .Motion carried, all ayes. B -2 The City Clerk reported on bids received for the "WATER TREATMENT PLANT, REPLACE FILTER MEDIA ", City Plan No. 31 -77, bids opened Tuesday, February 22, 1977 at..3:00.p.m._ Engineer's estimate $54,000. Bids received were.as follows: 1. Boyd Construction Co. $47,717. 163 Ramona Drive San Luis Obispo, CA 93401 2. L & R Construction Co. $49,700. 1107 Crespi Drive Pacifica, CA 94044 3. Item No. 16 ..2,563. $52,467. P.O. Box 511 Item No. 17 3,333. San Luis Obispo, CA 93406 Item No. 18 None $53,923. Item No. 19.. 4,800. Long Beach, CA 90805 Item No. 20 840. Paso Constructors Memo from Jim Stockton, Acting Director of Parks and Recreation,. who recommended 1 that the Council do one of two alternatives: 1) accept the low bid of $111,841. 6. and subsidize state grant to complete project; or 2) reject all-bids and return P.O. Box 345 design and specification package to the contracted design firm who,..with input from staff,-would re- tailor the project tormeet the budget. $60,991. P.O. Box 957 San Luis Obispo, CA 93401 D.F. Romero, Director of Public Services, recommended that the Council reject all bids and instruct staff to work with architect to reduce project cost to meet the agreed budget. Jerry Emery, representing SEDES, stated that he felt the low bid.was a good.one as the project was extremely complicated and that from the time it started until the project went to_bid, the simple inflationary cost had increased the project to 35 percent over the architect' "s estimate. He felt that the City had received an excellent bid from Conco and that the City.should go ahead, subsidizing the project from General Fund monies. Pat Sullivan, architect on the project, did not feel that re -doing the plans would give the City a good project. He felt that all that could be done would be to reduce the scope which would not be what the Council had in mind. He recommended that the Council review the scope of the.project and proceed with the low bid which he felt was excellent in view of inflationary costs, labor, etc. On motion of Councilman Gurnee, seconded by Councilman Graham, that the City delay award of bids until March 15, 1977 which would allow the consultant, the architect and staff to come back to Council with design changes after discussion with the low bidder and attempt to reduce the overall bid by 15 %.over.estimate. .Motion carried, all ayes. B -2 The City Clerk reported on bids received for the "WATER TREATMENT PLANT, REPLACE FILTER MEDIA ", City Plan No. 31 -77, bids opened Tuesday, February 22, 1977 at..3:00.p.m._ Engineer's estimate $54,000. Bids received were.as follows: 1. Boyd Construction Co. $47,717. 163 Ramona Drive San Luis Obispo, CA 93401 2. L & R Construction Co. $49,700. 1107 Crespi Drive Pacifica, CA 94044 3. Conco Engineering $52,467. P.O. Box 511 San Luis Obispo, CA 93406 4. Pylon, Inc. _ $53,923. P.O. Box 5579. Long Beach, CA 90805 5. Paso Constructors $579100. Route 1, Box 14D Paso Robles, CA 93446 6. McGray Construction Co. $59,422. P.O. Box 345 .Santa Maria, CA 93454 7. R. Burke Corporation $60,991. P.O. Box 957 San Luis Obispo, CA 93401 1 1 City Council Minutes March 1, 1977 Page 13 8._ Madonna Construction Co. $75,000. P.O. Box 910 . San Luis Obispo, CA. 93406 On motion of Councilman Petterson, seconded by Councilman Graham, that the low bid of Boyd Construction Co. in the.amount of $47,717 be accepted. Motion carried. On motion of Councilman Graham, seconded by Councilman Norris, the meeting Adjourned to 12:10 p.m.., Wednesday, March 2, 1977. Motion carried. APPROVED: June 7, 1977 /T' Fitzpatrick, City Clerk MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO WEDNESDAY, MARCH 2, 1977 - 12:10 P.M. .HEARING ROOM, CITY HALL Roll Call PRESENT: Councilmen Graham, Petterson and Mayor Schwartz ABSENT: Councilmen Gurnee and Norris City Staff ` PRESENT: J.H. Fitzpatrick, City Clerk; Allen Grimes, City Attorney; R.D. Miller, Administrative Officer; Rob Strong, Director of Community Development; Roger Neuman, Police Chief; Lee Schlobohm, Fire Chief 1. The City Council received the Management Audit of Police and Fire Services prepared by the consultant Arthur D. Little, Inc. and represented by Robert Coop. Mr. Coop reviewed for the City Council the report and conclusions of their investigations of the City's Police and Fire Departments. In general, he stated that there were opportunities for improvements rather than problem areas in the Police Department. He felt that the study would provide a platform for the City Council and the Police Chief to move forward in providing a higher level of law enforcement effectiveness. A somewhat different situation pre- vailed in the Fire Department and the consultant identified problem areas in organization, personal relationships and in City -wide fire protection coverage and that only in the last was there an opportunity for improvement than for serious problems. He continued that as they conducted their study, they kept in mind the issue of greater coordination between the two departments including the possible question of combining the two into a single department of public safety. This volatile issue had been debated in many local circles and emotions ran very high and he did not believe that in the present climate, it was feasible or even desirable to create a single department of public safety in the City. He felt, however., that steps could be taken which would reduce.future increased expenditures and improve current effectiveness. Their recommended actions were: 1) Cross train policemen and firemen so each could provide greater support