HomeMy WebLinkAbout03/15/1977MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MARCH 15, 1977 -Y 7:00 P.M.
COUNCIL CHAMBERS, CITY HALL
Pledge
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;
D.F. Romero, Director of Public Services
1. The City Council held a public hearing on the recommendation of
the Planning Commission to rezone 3380 Bullock Lane from M to R -2. John
King, applicant (Application No. R- 0590).
Rob Strong, Director of Community Development, presented the recommendation
of the Planning Commission, recommending approval of the subject zone change
to rezone the property at 3380 Bullock Lane to an R -2 zone. He stated the
subject property was approximately a � acre parcel which was shown on the
General Plan as medium high density residential, with a maximum density of
18 dwelling units per acre and presently zones M, Manufacturing. The
applicant was requesting the rezoning with the intention of removing the
existing structures and developing an 8 unit apartment complex on the site.
The requested rezoning to R -2 and subsequent development were consistent
with the General Plan. The Environmental Review Committee determined the
rezoning would not have a significant effect on the environment and issued
a negative declaration.
Mayor Schwartz declared the public hearing open.
Vic Montgomery, representing the developer, appeared in support of the
proposal.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Graham, seconded by Councilman Petterson, the
following ordinance was introduced: Ordinance No. 697 (1977 Series), an
ordinance of the City of San Luis Obispo amending the official zone map to
rezone property at 3380 Bullock Lane.
Introduced and passed to print on the following roll call vote:
AYES: Councilmen Graham, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilmen Gurnee and Norris
2. The City Council held a public hearing on the recommendation of the
Traffic Committee to prohibit.parking on the easterly side of Johnson Avenue
between Lizzie Street and the driveway to the Junior High School.
Wayne Peterson, City Engineer, submitted the recommendation of the Traffic
Committee that parking be prohibited on the easterly side of Johnson
Avenue between Lizzie Street and the driveway of the Junior High School.
He also opposed the red zoning as requested by Mrs. Dorothy Bilodeau or
even red zoning for only one space on each side of the driveway.
City Council Minutes
March 15, 1977
Page 2
Mayor Schwartz declared the public hearing open.
Mrs. McQuaid, 1746 Johnson Avenue, was opposed to the recommended solution
to the parking problem on Johnson Avenue.
N. Sutcliffe, also appeared in opposition to the parking restrictions as
recommended.
L. Taylor, 1604 -06 Johnson Avenue, also stated his opposition to the red
zoning in this location. 1
Mayor Schwartz declared the public.hearing closed.
On motion of Councilman Petterson, seconded by Councilman Graham, the
following resolution was introduced: Resolution No. 3266 (1977 Series), a
resolution of the Council of the City of San Luis Obispo prohibiting parking
on a portion of Johnson Avenue.
Passed and adopted on the following roll call vote:
AYES: Councilmen Graham, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilmen Gurnee and Norris
3. The City Council.consideied the final.passage of Ordinance-No. 695
(1977 Series), an ordinance of the City of San Luis Obispo amending Article
IV, Chapter 3 of the Municipal Code, Tree Regulations.'
Mayor Schwartz declared the public hearing open.
No one appeared before the City Council for or against the final adoption.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Graham, seconded by Councilman Petterson, Ordinance__
No. 695 was introduced for final passage.
Finally passed on the following roll call vote:
AYES: Councilmen Graham, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilmen Norris and Gurnee
On motion of Mayor Schwartz, seconded by Councilman-Graham, the following
resolution was introduced: Resolution No. 3267 (1977 Series), a resolution
of the Council of the City of San Luis Obispo approving and adopting policies
and standards for Street Tree Planting and Maintenance, Master Street Tree
List and Major Street Tree Planting Plan.
Passed and adopted on the following roll call vote:
AYES: Councilmen Graham, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilmen Norris and Gurnee
4. Fire Station No. 4 - Request by Councilman Norris that the City
Council direct the staff to proceed with the construction of Fire Station
No. 4 was removed from agenda items to-:be considered as the City Council
took action on this matter at the meeting of Friday, March 11, 1977.
City Council Minutes
March 15, 1977
Page 3
5. Continued discussion of the striping or repaving on Broad Street to
eliminate the no parking zone on the east side from High Street to Orcutt
Road.
Communication from E.F. Gregory, District Director of Transportation for
the State of California, headquarters San Luis Obispo, stating that the $.5
reconstruction contract on Broad Street and Edna Road was practically nearing
completion but that as currently planned and partially striped, the con -
figuration.conformed to that approved.by the City Council in their resolution
' of September 17, 1974. The striping provided for through traffic lanes
that were 12' wide, for a 14' continuous left turn lane, two 5' bicycle
lanes (one on each side of the street), and an 8' parking strip on the
westerly side for a total width of 801. He stated the striping.had been
completed on a portion of a street except for the independently striped 5'
bicycle lane on the east side.
He stated that several informal proposals had been made by City staff regard-
ing changing the striping plan to provide for parking on both sides.of
the street; to provide for an overlay of the present surfacing and striping
to permit restriping would involve a cost of approximately $33,000 to $36,000
as estimated by City staff. That would.provide for restriping the street
to permit parking on both sides but not for independent bicycle lanes.
It had.been suggested that only the easterly portion of the street-be
considered for resurfacing and restriping, leaving the westerly portion of
the street as it was with an independent bicycle lane and parking. There
was insufficient width on the easterly portion between the curb line and the
center left turn to provide for standard width parking strips, traffic lanes
and center turn lanes.
He stated that Cal Trans was not in a position to assume the liability or
the responsibility for the substandard widths when there was adequate
street width available to provide for standard lanes. Also, they were cur-
rently experiencing a problem with the present 5' bicycle lane on the west
side of the street. Although arrows indicated the direction of travel, they
were finding that bicyclists were traveling both directions in this bicycle
lane since there was no provision for a bicycle lane on the-east side of the
street. This was creating a liability problem as well. The liability on
the State could not be delegated to the City or to anyone else and remains
their responsibility even within the City limits.
Under the present circumstances he did not see any acceptable alternative
except that which provided for a complete resurfacing and restriping in
order that the State could comply with the established geometric standards
and reduce their liability. Since their Contractor was currently paving
in the Orcutt Road area, they were in need of.a response regarding the
Council's desires regarding striping immediately following this meeting.
Russ Johnson, property owner., Franc
opposed to the decision of the City
east side of Broad Street. He felt
parking in front of the businesses,
be forced to go under, and he.hoped
sympathy for the businesses in this
as and Broad Streets, stated he was
Council prohibiting parking on the
that if the City Council did not allow
a number of the smaller businesses would
that the City Council would have some
area.
Dr. Charles Otto, D.C., stated he was opposed to the plan as presently
operating on Broad Street. He stated that he had provided off - street
parking-for his patients, and the lack of parking for adjacent property
' owners had caused the overflow to use his parking lot and now his patients
had no other place to go.
Mrs. Summers, 1375 Oakwood Court, bicyclist, urged the Council to keep the
bike lanes on Broad Street for the safety and convenience of bike riders.
She felt that the property owners should pay to repave the street and not
the taxpayers, to help a small group of businessmen who should take care of
their own parking and not expect taxpayers to always be bailing them out of
their problems.
City Council Minutes
March 15, 1977
Page 4
Councilman Petterson stated that he'wa6 unwilling to spend $36,000 of the
taxpayers money to pave or restripe the street at this time, and he felt
that the Council should stick with the their decision of 1974.
Councilman Graham stated that he, too, was unwilling to spend $36,000 of
the taxpayers money to repave the street. He stated that, while he was
originally opposed to the no- parking on Broad Street, he couldn't vote to
spend this.tremendous amount of taxpayers money and would have to support
the original Council decision of 1974.
Mayor Schwartz was unwilling to spend further public funds to repave or
restripe Broad Street. He felt that the City should stick to the original
decision.
The staff was instructed by the City Council to inform Cal Trans to proceed
with the original striping. of Broad Street as directed.
6. Mitchell Park Playground Redevelopment Bid (cont'd from March 1,
1977 meeting).
The City Clerk again presented for Council's information the bids received
for the Mitchell Park Playground Redevelopment, City Plan 32 -77 as follows:
Conco Engineering,
P.O. Box 511
San Luis Obispo, CA
Inc.
Deductive Alternates:
Item No. 16
Item No. 17
Item No. 18
Item No. 19
Item No. 20
Bunnell Construction
200 Suburban Road
San Luis Obispo, CA
Deductive Alternates:
Item No. 16
Item No. 17
Item No. 18
Item No. 19
Item No. 20
93401
Co.
93401
Base Bid $119,061
1,200
3,000
'.10
3,000
10
Base Bid $168,593
2,619
3,333
1,893
1,527
267
R. Burke Corporation
Base Bid $188,125
P.O. Box 957
San Luis Obispo, CA 93401
Item No. 16
21563
Item No. 17
3,333
Item No. 18
None
Item No. 19
4,800
Item No. 20
840
D.F. Romero, Director of Public Services, stated that the staff.of the Park
and Recreation Department and the Public Services Department had met twice
with SEDES, the architectural firm for the Mitchell Park Playground Pro-
ject, and had mutually.agreed on items which could be reduced or modified.
in order to bring the cost of this project within budget requirements, while
still retaining the basic character presented by the-architect. These
deduct items, together with a modification of the restroom had.resulted in
a base cost estimate of $80,489, as indicated on the SEDES submittal. The
particular items deleted would be shown graphically by the architect during
a presentation at the Council meeting. The staff.and architect had agreed
on a priority listing of items which could be added back into the contract
if the Council found that it could fund something more than the bare minimum
project.
J
D
City Council Minutes
March 15, 1977
Page 5
He stated that, although the figures were estimates,<.they had been prepared
in close cooperation with the low bidder, Conco General Engineering, and
should be reasonably close. Russ Whitaker of Conco General Engineering-- ;sat:in
on the negotiations and was desirous of continuing the project, even on a
reduced basis. Mr. Whitaker had been of great help in assisting the staff
and architect in reviewing the implications of the contract changes.
The staff recommended that the City proceed with the base contract and
Alternate 1 (planted earth mounds) at this time. Alternates 2 through 9 would
be available either for service projects or budgeted for City work in future
years. Staff also recommended that Conco Engineering be awarded the contract
with modifications to be negotiated by the staff on a change order basis.
Rudy Muravez, Finance Director, submitted a report for the Council's informa-
tion, stating that the original budget for the Mitchell Park Redevelopment
contemplated only a minor amount to be contributed by the City, with that
coming from construction revenues. Faced with the realities -of construction
costs per the bids received, he questioned whether additional funds could be
diverted to the project. The first source to be considered would be the
construction -tax. However, the total estimated revenue from this source had
been committed and it appeared that the budget estimate was correct.
He stated-that, since this was a capital improvement project, the next course
would have been to view the unallocated.capital reserves. At present, there
were $48,950 in reserves which could be applied to this project. He sub-
mitted a resolution for funding but stated that, since the total cost pro-
jections had not been completed, the dollar amounts had been left blank,
subject to a maximum contribution by the taxpayers of $48,950.
Jerry Emery, representing SEDES, urged the City Council, that regardless of
the costs involved, to allow the completed project to proceed. He felt that
the job should include all the alternatives that were removed as the whole
environment of the park would be lost without them.
Pat Sullivan, architect for the project, reviewed for the City Council; the
modifications submitted by the City staff as potential items to be eliminated
from the contract.
Jerry Emery again stated that,-by altering the contract, the park would lose
the feel, that they in their professional expertise, put in the design and
he felt the quality would be gone and the full effect of the improvements
would be lost. He stated that without the few extra dollars, the project would
be destroyed.
Councilman Graham stated that he would like to see the entire project approved
regardless of the cost implications. He felt it should either be done right
or not at all, and he would accept the base contract with the alternates as
submitted.
Councilman Petterson.felt that the Council should take the full $119,061 bid
of Conco General Engineering and do the job once for all and not keep going
back to it every year.
Mayor Schwartz agreed that the City should proceed with the full-project
regardless of the cost implications and grant the bid to Conco with the
exception of Item 8 which was the irrigation system.
On motion of Mayor Schwartz, seconded by Councilman. Graham, that the low bid
of Conco Engineering be accepted, that the project-proceed and that Item 8 be
deducted with the concurrence of the contractor. Motion carried, all ayes,
Councilmen Norris and Gurnee absent.
On motion of Mayor Schwartz, seconded by Councilman Graham, that the Mayor be
authorized to sign the contract subject to the completion of the deducts, cost
estimates and change orders. Motion carried, all ayes, Councilmen Gurnee and
Norris absent.
City Council Minutes
March 15, 1977
Page 6 .
7. Appeal by A:J. Shaw, Attorney representing Tony Brown and.architects
Priest, Richmond, Wolf and Rossi, objecting to zoning ordinance amendment
which would require downtown theatres to provide parking by use permit. This
matter had been continued from the March 1, 1977 meeting. The matter was
again continued to a study of the recommended zoning ordinance with the consent
of Mr. Shaw and staff.
8. The City Council considered a communication from A.J. Shaw, Attorney
for the developer of property located at.553 Chorro Street. He stated that an
erroneous designation upon the City's new General Plan Land Use Map that the
property situated between Broad and Chorro Streets and-between Highway 101
freeway.on its.northwesterly. side and.Stenner.Creek had been designated as
"low density residential" land use and felt that this was in error. He
continued by listing the sequence of events starting with the public hearing
phase and through to the present. It was Mr. Shaw's contention that.the
General Plan Map designating the.property as "low density residential" was
wrong and that the City had failed to comply with the minimal procedural.
requirements of State law for changing the land use designation for the
property.
Further, he stated that it appeared that the City's attempt.to change the
land use designation to low density residential was based not upon a good-faith
planning.decision that-homes belonged next to a freeway, but upon an attempt
to lower the value of the property so that the-City could acquire it in its
own good time for a much lower price than its present R -0 zoning would have
brought.
He requested therefore that the Council have the General Plan Map corrected
before its public distribution to reflect a duly adopted land use designation
for the property. He advised the City that any .attempt to acquire the property
for a reduced value, based upon such an erroneous land use designation,
would be challenged by all legal means available.
Rob Strong, Director of Community Development, submitted a response to the
City Council on the allegations of A.J. Shaw regarding-the General Plan
designation at 533 Chorro Street.. He .reviewed the steps to-date, and he
stated that it was his professional belief that the Council acted in accord-
ance with all laws and procedures. Further, he-felt the City Attorney could
also advise, if.in his legal opinion; if the Council had acted improperly.
If the Council felt that-this procedural error had been made, it could be
rectified by correcting the map to the designation recommended by the Com-
mission.prior to January, 1977. Further, the Commission could be asked
specifically to consider these changes at their next meeting and upon receipt
of their report, the Council could take whatever action they deemed appropriate:
either alter the plan as decided in January, or make no change at all.
He concluded by saying that the staff had already released the new General Plan
Map and Text as.adopted by the Council on January 25, but would correct any
errors determined to exist, upon instruction by the City Council.
Allen Grimes, City Attorney,.submitted a Memorandum of Opinion No. 77 -3,
Legality of Zoning Privately Owned Property for Open Space Use. He submitted
a very lengthy report and briefed it for the City Council with the conclusion
that one must conclude that - extensive.parcel open space zoning was fraught with
potential litigation and consequent financial danger. Therefore, a local
governmental agency must be willing to accept the potential consequences and
economic burden of the use of an open space plan or open space zoning to
designate property for open space uses. He emphasized the risk, not the in-
ability to do it. Moreover,. if an agency undertook such an open space program '
and was met with.legal• challenge, it might not be able to abandon such.._
efforts and withdraw without suffering bloody wounds, i.e., to pay for the
damage it had caused.
Excluded from the above was exclusive agricultural zoning which was not.
fraught .with the same degree of risk if it was supported by proper facts
and circumstances and accomplished by proper procedures (Government Code
S65560 and S65850).
City Council Minutes
March 15, 1977
Page 7
Lane Stuart, representing the firm of Stuart and Shaw, appeared before the
City Council.,asking that-the Council -refer this matter back to the Planning
Commission for consideration as a change to originally adopted General-Plan.
He did not feel that-the Council should send.this.back to the Planning Commis-
sion as a future amendment to the adopted General Plan. He felt that if all
the steps were taken, both his client and the City would-be protected.
On motion of Councilman Petterson, seconded by Councilman Graham, that the
appeal of A.J. Shaw be referred back to the Planning Commission for considera-
tion as a possible amendment to the General Plan. Motion carried, Councilmen
Gurnee and Norris absnet.
Communication from A:J. Shaw, Attorney for the Imperial Savings and Loan
Association, appealing staff interpretation of sign ordinance provision
regarding proposal to the City for an office building on a corner lot at
Santa Rosa and Meinecke Streets (cont'd from 3/1/77 Council meeting).
A.J. Shaw asked that Section 8600.9.(B)(1) be interpreted by the City Council
as there was a disagreement with staff and the property owners as to the
intent of the zoning sign section. The section reads "(Office) signs shall
be permitted subject to the following regulations" (1) One free standing sign
per street frontage. Signs shall not exceed twenty -five (25) square feet in
total aggregate area. He stated that the staff had interpreted the section
to mean that the total cumulative square footage of all signs on all street
frontages should not exceed 25 square feet. Therefore, Staff proposed to
limit the Imperial location to signs totalling no more than 25 square feet
on only one frontage, or signs of.1211 square feet total on each frontage, or
any similar combination.
He stated that Section 8600 of the.sign ordinance provided in part: "Intent.
Recognizing the primary importance of signs for identification and the
importance of such signing to the commerce of the City of San Luis Obispo, it
is the intent of this Ordinance to regulate signs to minimize the adverse
effects that the erection and display of such signs might have on the safety
' and general welfare of the citizens of the'City."
He stated that Imperial Savings agreed entirely with that intent but did
not believe that the Staff's interpretation was necessary to accomplish the
intent of -the ordinance. In fact, just the opposite would be accomplished
if the Staff's interpretation were applied to one office structure occupying
a.:full.square block. In such a case, all signs on each street frontage
would be limited to 614 square feet in aggregate area, or there might be no
signs at all on three sides.. Neither situation would "recognize the primary
importance of signs for identification ".
In closing, he stated that Imperial requested the Council to interpret
Section 8600.9(b)(1) to mean that the total square footage for.all signs on
each street frontage "shall not exceed twenty -five square feet in total
aggregate area ".
Rob Strong, Director of Community. Development, reviewed for the City Council
the steps that the staff had gone through on the interpretation of the sign
ordinance for.Imperial Savings and Loan Association, 47 Santa.Rosa Street
and concluded that the staff had not received from A.R.C. or Board of Adjust-
meats consideration of sign proposals from Imperial Savings which could be
permitted consistent with the expressed provisions of present sign regulations.
Specifically, the.City had not rejected any applications which could be
allowed if "total aggregate-area" was interpreted to mean per street-frontage.
Further, the City is in the process of refining code amendments which may
propose a larger area allowance viewable.from any one direction, and-such
changes should be considered at public hearings as sign regulation amendments.
Staff therefore recommended that this appeal for interpretation be denied
by the Council and the request by reconsidered when the amendments to sign
regulations are scheduled by the Commission and Council.
City Council Minutes
March 15, 1977
Page.g
Allen Grimes, City Attorney, reviewed for the City Council the differences
of opinion in Section 8600.9(B)(1) providing for one free - standing sign per
street frontage. He stated he concurred with.the staff's application of the
section to mean that.the.total cumulative square.frontage of all.signs on
all street frontages-upon which the building abuts should not exceed twenty -
five square feet.
Lane Stuart again.appeared before the Council on behalf of the firm, speaking
in support of the Shaw appeal saying that he, too, felt that the staff had
misinterpreted the intent of the regulations.
Allen Grimes stated again that the staff had interpreted-the City ordinance
correctly. He stated he thought Stuart -and Lane were asking for:new legisla-
tion on size of .signs and not interpretation of existing ordinances. What
they really wanted-was a new sign ordinance, not a special variance to the
existing sign ordinance.
On motion of Councilman Petterson, seconded by Councilman Graham, that the
matter be referred back to the Planning Commission to be studied as a part
of the new sign ordinance consideration. Motion carried, Councilmen Gurnee
and Norris absnet.
10. Council consideration of the installation of street lights in the
Escuela Alta and Mira Monte neighborhoods.
Wayne Peterson, City Engineer, stated that he had been working with a number
of citizens during the last four or five months to install street lights in
the Escuela Alta and Mira Monte neighborhoods. He stated he had received
$2,420.00 in checks made out to the City of San Luis Obispo with a listing of
111 residents who donated money towards the installation of the lights with
overhead wires in their neighborhood. This was a.culmination of a citizens
effort in the neighborhood seeking to have street lights installed. He
stated the staff had provided the citizens with information regarding the
cost of .street lighting, both with underground wires and overhead wires, '
and that these letters explaining the differences had.been sent out to anyone
who might be interested. He submitted a report showing the responses of the
110 residents requesting for the street lights to be paid for and installed.
17 residents were against the installation of.overhead wires,12 residents did
not respond. The City Engineer recommended that the Council authorize the
staff to immediately start the installation of street lights in this neighbor-
hood, inasmuch as the residents had already shown their desire and provided
the funds for the installation. He stated staff would do its best to work
with PG &E and the residents to see that many of the difficulties in street
light location were reviewed prior to installation of the lights.
Silvio Rigello, E1 Centro Street, stated he was opposed to the project, felt
that the City had mishandled the entire operation, felt that.the City staff
had been too tough on the citizens in the area (either they had to sign up
or they were no good), and that the City relied on the wrong type of citizens
to support the program. He felt the entire project was done under false .
pretenses and while he was not opposed to the street lights per se, he was
opposed to lights using poles rather than underground wiring.
Melanie Billig.questioned the method used by the City in forming this lighting
project: She felt City literature was misleading : ".information of project and
felt the letters from the City staff were very unclear.
Alice Werbel, San Luis Drive; objected to the tactics used by the City in
procuring street lights for these two tracts. She felt that a small group of
citizens working with the City were very high handed and felt much misleading
information was given by the City and their citizen agents.
On motion of Councilman Petterson, seconded by Councilman Graham, that the City
move ahead with•the lighting project in the Escuela Alta and Mira Monte
neighborhood as supported by the citizens in the area by their payment of a
portion of the cost and their approval in the petition. Motion carried,
Councilmen Gurnee and Norris absent.
City Council Minutes
March, 15, 1977
Page 9
11. A communication.from Mr. David J. Lewis, Refusystems, requesting that
the City Council establish a fair and equitable rate for collection of
commercial trash bins using compacting systems which would amend the San Luis
Garbage Company.contract accordingly and place the new rates in the City
ordinance.
R.D. Miller, Administrative Officer, recommended that on an interim basis,
pending.future comprehensive analysis of garbage rates, the following section
be added: "For compacted garbage placed in Dumpmaster containers and collected
by the garbage company - $S.00.per cubic yard per pick up ".
David J. Lewis, Refusystems, then presented for the City Council a list of
cities in which his compacting units or similar.units were used and the rate
charged by those refuse collectors. He stated there seemed to be no reason
for the rates as in most.cases .they were doubled or tripled with no explanation
as to the purpose. He stated that while his clients in San Luis Obispo who
has purchased one compactor felt that an additional charge should be made, he
did not feel that the rate submitted by the garbage company was fair or
equitable.
After some discussion with Richard D. Miller, David J. Lewis, and a representa-
tive of the garbage company, the matter was referred to the City Administrative
Officer for recommendation to amend the rate ordinance for Council considera-
tion at some future date.
12. Minor Subdivision No..76 -464, 1 and 11 Higuera Street, were continued
to the April 5, 1977 Meeting at the request of the developer George Bettencourt.
13. Allen-.Grimes, City Attorney, stated that the City Council must be
aware that thee.-Community Development Department was initiating a program for
code enforcement as directed several years ago by the City Council. Upon
checking out the conditions, the City Attorney found that no authorization
existed for the designation of code enforcement officers so that they might
have the power to issue.citations with the concomitant power to arrest. He
' briefed for the Council's consideration an amendment to the Municipal Code
entitled "Code Enforcement ", Section 1255.
On motion of Councilman Petterson, seconded by Councilman Graham, the following
ordinance was introduced: Ordinance No. 698 (1977 Series), an ordinance of the
City of San Luis.Obispo adding Section 1255 to Article I, Chapter 2.5 of the
Municipal Code, entitled, "Code Enforcement ".
Passed.to..print on the following roll call vote:
AYES: Councilmen Petterson, Graham.and Mayor Schwartz
NOES: None
ABSENT: Councilmen Gurnee and Norris
14. LAGUNA LAKE GOLF COURSE
Communication from the Park and.Recreation Commission recommending that the
contract at the Golf Course be extended on a month -to -month basis until all
types of management for the golf course had been explored.
Memorandum from Jim Stockton, Acting Park and Recreation Director, submitting
proposed contract changes renegotiated with Bobby Kober for the golf professional's
operation. The following changes were made in the existing contract:
1) Thirty.percent of gross income from Driving Range would be paid to the
City rather than the existing five percent.
2) Eliminated from the existing Contract such clauses that did not
pertain to Laguna Lake Course operation, that is, golf club storage
area, club repair shop and hot and cold snackbar items.
City Council Minutes
March 15, 1977
Page 10
3) Addition, to insure Recreation Department's use of Driving Range to
conduct Department lessons.
4) Added clause calling for Golf Course Advisory Committee to handle
questions arising from the golf operation.
On motion of Mayor Schwartz, seconded by Councilman Petterson, that the City
Council accept the staff recommendations with the new amended contract with
Bobby Kober to March 1, 1978 with the Park and Recreation Commission to
investigate and report to the City Council by October 1, 1977 on a recommenda-
tion for management of the golf course to include either getting bids for
one of the following: 1) getting a new pro; 2).stay with the same pro; 31 have
the City staff to begin operation on March 1, 1978. Included in that report
was to be a full financial report including independent audit.of the golf
course operation at that time. Motion carried, all ayes, Councilmen Gurnee
and Norris absent.
15. Communication from the Park and Recreation Commission forwarding to
the City Council's attention a program co- sponsored by the Park and Recreation
Commission for a Back Packing Program conducted by Brad Hopkins and Norman
Hammond. The matter was for the Council's consideration as the two people
involved are presently employed by the City's Fire Department and the
Commission asked that the Council either waive the policy to allowing City
employees to work in another department or allow this program to operate
under a contract basis.
On motion of Councilman Petterson, seconded by Councilman Graham, that the
Back Packing Program, as developed by the Park and Recreation Commission,
be approved and that it be handled under a contract approach, not on an
employee basis. Motion carried, Councilmen Gurnee and Norris absent.
16. Allen Grimes, City Attorney, brought to the Council's attention
the challenge in a Los Angeles Superior Court of an appeal of a decision of
the validity of the "at large" election method in selecting Council members.
He stated that this was.a.matter that should be reviewed and voted on by
the people of an area and not.by judicial fiat. It was his recommendation
that the City lend its name to the amicus curiae brief and contribute the
sum of $25 toward the cost of its-preparation.
J.H. Fitzpatrick, City Clerk /Treasurer, agreed with the position of the City
Attorney and felt that the City should take steps to keep the courts out
of legislative members. If the people of a community wish to have their
Council elected by district, so be it, but it should not be done by order
of the Court.
On motion of Councilman.Graham, seconded by Councilman Petterson, that-the
recommendation be approved and the City Attorney be authorized to take part
in the amicus curiae brief and the City Treasurer to make arrangements for
a contribution of $25 towards the court costs being handled by the League
of California Cities. Motion carried, Councilmen Gurnee and Norris absent.
17. J.H. Fitzpatrick, City Clerk, reported to the City Council on progress
of bills through the State Legislature recommending certain actions on
various bills.
On motion of Mayor Schwartz, seconded by Councilman Graham, the City Clerk
was authorized to inform the State Legislature that the City Council would
support Assembly AB 389, advisory nature of State Housing Element Guidelines
clarified; oppose SB 164, compulsory arbitration for Police and Fire; oppose
ACA 14, prohibition of imposition of municipal income and payroll tax; and
to continue other matters for further input from the League of California
Cities. Motion carried, Councilmen Gurnee and Norris absent.
J
City Council Minutes
March 15, 1977
Page 11
18. Memorandum from Roger Neuman, Chief of Police, requesting Council
consideration of a proposal for making changes to the new police patrol
vehicles for visual safety, including a decal and a reflective strip on the
vehicles.
On motion of Mayor Schwartz, seconded by Councilman.Graham, the proposal for
new safety changes was approved. Motion.carried, Councilmen Gurnee and
Norris absent.
On motion of Mayor Schwartz,. seconded by Councilman Graham, the following
resolution was introduced: a resolution of the Council of the City of
San Luis Obispo increasing the Police Department budget in order to pay for
the safety changes.
Passed and adopted on the following roll call vote:
AYES: Councilmen Petterson, Graham, and Mayor Schwartz
NOES: None
ABSENT: Councilmen Gurnee and Norris
19. The City Council considered the plans and specifications for instal-
lation of "TRAFFIC SIGNALS, LOS OSOS VALLEY ROAD.AND MADONNA ROAD ", Engineer's
Estimate $55,000. This was included in the C.I.P. No. 11 with $55,000 to
include inspection and contingency fees.
On motion of Councilman.Graham, seconded by.Mayor Schwartz, to approve the
plans and-specifications and the City staff be authorized to call for bids.
Motion carried, Councilmen Gurnee and Norris absent.
20. Emergency Item Added. Communication from San Luis Transportation,
Inc. informing the City Council that a new company was buying the stock
from the San Luis Transportation Company and they were requesting Council
' authority to transfer the operation of the Cab.Company and the Bus Company
to the new firm represented by Mr. Linington.
On motion of Mayor Schwartz, seconded.by Councilman.Graham, that the Council
of the City of San Luis Obispo approve the transfer of the San Luis Transpor-
tation Company to San Luis Transportation, Inc. (represented by Mr..Linington)
of the bus system and taxi operation subject to filing of necessary insurance
and bonds.
Adopted on the following roll call vote:
AYES: Councilmen Graham, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilmen Gurnee and Norris
CONSENT ITEMS
C -1 On motion of Councilman Petterson, seconded by Councilman Graham,
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 On motion of Councilman Petterson, seconded by Councilman Graham,
the minutes of-February 1, 1977 were approved. Motion carried, all ayes.
C -3 Report of the City Clerk on the results of the Municipal Election
held March 8, 1977 were as follows:
1. Number
of
Registered Voters in City
18,543
2. Number
of
Votes cast in City
8,399
Number
of
Absentee Votes cast in City
408
City Council Minutes
March 15, 1977
Page 12
C -3 (Cont'd)
2. Tabulation of Votes Cast for Mayor
T.K. Gurnee 2,784
K.E. Schwartz 5,003
M. Swanson 734
For Councilmember.
adopted on
the following roll call vote:
M. Billig
2,066
Councilmen
R. Dunin
2,805
NOES:
D. Fischer
456
L. Fisher
702
Gurnee and Norris
F. Gruber
684
J. Jorgensen
2,936
E. Martin
1,363
C.B. MacCullar
1,490
L. Phillips
1,982
L. Schneider
1,958
3. Tabulation of Vote by Precinct (See Exhibit "A ")
4. Tabulation of Vote for each person (See Exhibit "A ")
5. Tabulation of Absentee Voter Ballots for each person (See Exhibit "A ")
On motion of Councilman Petterson, seconded by Councilman Graham, the follow-
ing resolution-was introduced: Resolution No. 3269 (1977 Series), a
resolution of the Council of the City of San-Luis Obispo declaring the
results of a General Municipal Election held March 8, 1977.
Passed and
adopted on
the following roll call vote:
AYES:
Councilmen
Petterson, Graham and Mayor Schwartz
NOES:
None
ABSENT:
Councilmen
Gurnee and Norris
C -4 The City Council considered the staff and Planning Commission
recommendation to adopt a resolution of intention for the abandonment of
a portion of Woodbridge Street.
On motion of Councilman Graham, seconded by Councilman Petterson, the
following resolution was introduced: Resolution No. 3270 (1977 Series),
a resolution of Intention to Abandon a portion of Woodbridge Street.
Passed and adopted on the following roll call vote:
AYES: Councilmen Petterson, Graham and Mayor Schwartz
NOES: None
ABSENT: Councilmen Gurnee and Norris
C -5 On motion of Councilman-Petterson, seconded by Councilman Graham,
the following resolution was introduced: Resolution No. 3271 (1977 Series),
a resolution of the City of San Luis Obispo changing the name of a street
in Tract No. 444 from "Cachuma Drive" to "Diablo Drive ".
Passed and adopted on the following roll call vote:
AYES: Councilmen Petterson, Graham and Mayor Schwartz
NOES: None
ABSENT: Councilmen Gurnee and Norris
C -6 Memorandum from Wayne Peterson, City Engineer, stating his intention
to postpone the construction of the Santa Rosa Street Widening Project until
next Spring due to the problems of the rights- of= way-and incomplete agreements
involved.
City Council Minutes
March 15, 1977
Page 13
Wayne Peterson appeared before the City Council stating that since writing
the memorandum on March 1, he had received additional information from Cal
Trans encouraging us to proceed and he felt now that the project could
proceed and could be constructed this year.
On motion of Mayor Schwartz, seconded by Councilman Graham, that the Council
reject.the. recommendation of the staff and proceed with the widening project
as rapidly as possible. Motion carried, Councilmen Gurnee and Norris absent.
C -7 On motion of Councilman Petterson, seconded by Mayor Schwartz, the
following resolution was introduced: Resolution No. 3272 (1977 Series),
a resolution of the Council of the City of San Luis Obispo approving transfer
of the cable television franchise of Central California Communications
Corporation to a wholly -owned subsidiary corporation known as Sonic Cable TV.
Passed-and-adopted on the following roll call vote:
AYES: Councilmen Petterson, Graham and Mayor Schwartz
NOES: None
ABSENT: Councilmen Gurnee and Norris
C -8 The matter of Council consideration of the Annual Street Priori
Listing was referred to Council Study Session on April 5, 1977 .
C -9 On motion of Councilman Petterson, seconded by Councilman Graham,
that the-City staff be authorized to call for bids and auction on a surplus
property consisting of .4 acres at the Sewer Farm adjacent to the Eagles
Lodge building. Motion carried, Councilmen Gurnee and Norris absent.
C -10 On motion of Councilman Petterson, seconded by Councilman Graham,
the Mayor was authorized to write a letter endorsing Senate Bills 154 and 44,
as requested by the Human Relations Commission dealing with property tax
relief for renters and embalming fees. Motion carried, Councilmen Gurnee
and Norris absent.
C -11 On motion of Mayor Schwartz, seconded by Councilman Petterson, the
following resolution was introduced: Resolution No. 3273 (1977 Series), a
resolution of the Council of the City of San Luis Obispo approving an amend-
ment to a- Memorandum of Understanding between the Area Planning Council and
the Department of Transportation regarding the Regional Transportation
Planning Agency.
Passed and adopted on the following roll call vote:
AYES: Councilmen Petterson, Graham.and Mayor Schwartz
NOES: None
ABSENT: Councilmen Gurnee and Norris
C -12 On motion of Councilman Petterson, seconded by Councilman Graham,
that the claim against the City by Julia Lovelady, 412 Mitchell Drive, in
the amount of $76.00, for injuries allegedly sustained when she fell on a
City sidewalk and hitting her head be denied and referred to the insurance
carrier. Motion carried, Councilmen Gurnee and Norris absent.
' C -13 On motion of Councilman Petterson, seconded by Councilman Graham,
that the claim against the City by Ida Mae Denton, 337 E1 Portal, Pismo
Beach, for broken glasses and bruised hand when she slipped on black olives
in the Mission Plaza be denied and referred to the insurance carrier.
Motion carried, all ayes, Councilmen Norris and Gurnee absent.
City Council Minutes
March 15, 1977
Page 1:4
C -14 On motion of Councilman Petterson,.seconded by Councilman Graham,
that the following salary step increases be approved:
Vicki L. Ashby - Typist Clerk I
From Step 2 or $4.06 to Step 3 or $4.26
Lurinda DuFresne - Dispatcher Clerk
From Step 3 or $788 to Step 4 or $830
Susan M. Hoover - Typist Clerk II
From Step 3 or $788 to Step 4 or $830
Jane M. Johansen - Secretary
From Step 2 or $4.38 hr, to Step 3 or $4.63 hr.
Frank B. LaHargoue - Police Officer
From Step 2 or $1062 to Step 3 or $1126
Donald-F. Lazzarini - Police Officer
From Step 1 or $1008 to Step 2 or $1062
Frank N. Potter - Police Officer
From Step 1 or $1008 to Step 2 or $1062
Janet D. Rude - Police Officer
From Step 3 or $1186 to Step 4 or $1252
Motion carried, all ayes, Councilmen Gurnee and Norris absent.
C -15 R.D. Miller, Administrative Officer, announced the appointment of
Meredith Moraine to the position of CETA Secretary, beginning 2/28/77 at $720
per month in the Personnel Department.
C -16 Project Schedules for the month of March, 1977 were received and
filed on motion of Councilman Petterson, seconded by Councilman Graham..
Motion carried.
BIDS RECEIVED
B -1 The City Clerk reported that no bids had been received for two
(2) "THREE WHEEL SCOOTERS ", which were opened on Tuesday, March 15, 1977 at
10:00 a.m. The City.staff was authorized to re -bid but to contact potential
bidders prior to ordering bids.
The City Council adjourned to Executive Session at 10:50 p.m.
On motion of Councilman.Petterson, seconded by Mayor Schwartz, the meeting
adjourned at 11:05 p.m. to 12:00 noon, March 16, 1977. Motion carried,
Councilmen Gurnee and Norris absent.
APPROVED: July 5, 1977 /.
itzpatrick, City Clerk
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