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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 [,I u 4C` E. 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