HomeMy WebLinkAbout08/02/1977M I N U T E S
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, AUGUST 2, 1977 - 7:00 P.M.
COUNCIL CHAMBERS, CITY HALL
Pledge \
Roll Call
PRESENT: Councilmen Dunin, Gurnee, Jorgensen, Petterson and
Mayor Schwartz
City Staff
PRESENT: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative
Officer; Allen Grimes, City Attorney; Rudy Muravez., Finance
Director; Jim Stockton, Director of Parks & Recreation;
D.F. Romero, Director of Public Services; Wayne Peterson,
City Engineer; Mikel Park, Fire Marshal; Dan Smith, Senior
Planner; Terry Sanville, Planning Associate; Glen Matteson,
Planning Assistant
1. The City Council considered the final passage of Ordinance No. 712 (1977
Series), an ordinance of the City of San Luis Obispo amending the official zone
map of the City (to rezone property in the Laguna Neighborhood).
Terry Sanville, Planning Associate, reviewed the area being rezoned and the
provisions of the ordinance under consideration by the City Council at this
time.
Mayor Schwartz declared the public hearing open.
Vic Montgomery, representing Priest, Richmond, Wolf & Rossi on behalf of the
1 Rockwell Federal Credit Union, again wished to go on record opposing the City's
proposed rezoning of their 215 acre parcel from "U" (unclassified) to A/C
(Agricultural /Conservation) with a 40 acre minimum parcel size for the follow-
ing reasons: 1) the proposed rezoning designation did not allow a reasonable
use of the property; 2) the City did not have rural development standards con-
sistent with this type of zone designation; and 3) the City's proposed rezoning
was not based upon a thorough study by the City of the possibilities or reasonable
uses of the property; and-4) the City proposed zone boundary (the 175' contour
elevation) was arbitrary. It fails to recognize the existing municipal service
to the buildings of a location of a significant change.in the existing topography.
For the above reasons, the Rockwell Federal Credit Union, requested that the
City Council continue the existing zoning of their property.to "U ".
Leonard Blaser, developer, questioned the
tract 608 where they were planning future
approved in concept when the City Council
for 608. He felt the City Council should
approved in the tentative tract map. 0th
proceed with the necessary engineering.
A/C zoning on a portion of their
planned developments as these were
approved the tentative tract map
rezone the property to the use.as
erwise, it would be impossible to
Terry Sanville answered that the approval of the P/D noted on the tentative sub-
division map will require a rezoning action. Since a P/D hda not been approved as
part of the subdivision . thib4 -small area was put into the A/C zoning due to exist-
ing sewer constraints.
' Mayor Schwartz declared the public hearing closed.
The City Council discussed with staff various matters brought up on behalf of
the Rockwell Federal Credit Union and Leonard Blaser and their recommendations.
On motion of Mayor Schwartz, seconded by Councilman Gurnee, Ordinance No. 712
was introduced for final passage.
Finally passed on the following roll call vote:
AYES: Councilmen Gurnee, Jorgensen, Petterson and Mayor Schwartz
NOES: Councilman Dunin
ABSENT: None
City Council Minutes
August 2, 1977
Page 2
On motion of Mayor Schwartz, seconded by Councilman-Gurnee, that the City Council
request the Planning Commission to again study the Blaser development in Tract
608 and the Rockwell protest to see if the General Plan should be amended during
the next study of the General Plan by the City. Motion carried.
2. The City Council considered the final passage of Ordinance No. 710 (1977
Series), an ordinance of the City of San Luis Obispo amending. the Municipal Code,
Article VII, Chapter 4, Part 1, [dater Service.
R.C. Muravez, Director of Finance, reviewed for the City Council, the provisions
of the changes being proposed in the new water service ordinance. He reminded
the City Council that this particular ordinance did not apply to rates which
would be settled or discussed later on in the evening. He reviewed the reasons
for the various changes which were based on recommendations of Engineering- Science
which were retained by the City as consultants'to come up with a program to make
the City water service and water department self- supporting.
The City Council discussed with Mr. Muravez and other members of the staff the
benefits to the new proposed water service ordinance.
On motion of Councilman Gurnee, seconded by Councilman Petterson, Ordinance No.
710 was introduced for final passage.
Finally passed on the following roll call vote:
AYES: Councilmen Gurnee, Petterson, Jorgensen and Mayor Schwartz
NOES: Councilman Dunin
ABSENT: None
2 -A At this time the City Council considered a resolution of the Council of
the City of San Luis Obispo establishing rates and charges for water services and ,
superseding all previous resolutions dealing with water rates and charges.
R.C. Muravez reviewed the various provisions of the resolution dealing with water
rates and charges such as amendments dealing with provisions for deposits, for
charges for installation of new services, charges for removal of meters, acreage
and frontage charges, meter testing charges, restoration charges, fire service
charges, etc. He also reviewed a new approach for consumers of a readiness to
serve charge and a commodity charge. He explained that the purpose of the ready
to serve charge was a cost applied to the meter size which would supply water to
the property without any water and that a commodity charge would be added for all
water consumed on the property.
Mayor Schwartz declared the public hearing open.
Ila Harmon questioned the City Council on the need for such a great increase
in water rates which would hurt the residents of the City. She continued that
she and her neighbors objected to the proposed increase as she felt it was
wrong as the Council had used many dollars of public funds unwisely over the
years in beautification projects and consultants when.the money.should have
been used for developing of the water system.
Upon request of the City Council,.R.C. Muravez submitted a list of capital
improvement programs which were to be constructed!if the water rates were increased.
Without the increase in water rates no improvements could.be made to the City
water system. He listed such projects as covering Reservoir No. 1, enlargement '
of water lines, improvements to the water plant, etc.
LaVerne Schneider objected to the proposed water rates as she felt that the City
Council had spent millions of tax monies on studies, park and building development,
etc. over the years which she felt could have been better spent in improving the
water system for the citizens of the community. She felt the City Council should
now pull back on their ambitious capital improvement program and divert some of
those funds to support the water system. She felt the City Council should stay
with the rates as increased in 1976 and finally, that the general fund taxpayers
should subsidize the water users.
City Council Minutes
August 2, 1977
Page 3
Don Smith felt there should be no water rate increases without'a vote of the people.
He felt the City was-trying-to accumulate too much money for one time improvements.
He urged the Council back off on-their spending program and stay with the rates as
developed in 1976. .
Mrs. Hiltel was.opposed the proposed water rate increase. She felt these increases
would just about wipe out many older residents of the community who were just barely
hanging on. She felt it was unfair to the old and to the poor. She felt that the
' 1976 rate increase was enough.
Myron Graham, while not disagreeing with the proposed rate increases, did feel
that some type of a life -line rate or minimum rate should be allowed to old and
the poor of the community and that they should not have to pay for commodity rates.
He felt that somewhere people should start thinking of the poor and elderly.
.Robert Leitcher was opposed to the water rate increases as proposed as he felt it
would affect the beauty of San.Luis Obispo, because as soon as the people realized
the effect the water rates had on their consumption they would have to give
up watering yards and keeping up landscaping.
Mike DeNeve opposed the rate increase, felt.the City had too much money from
the last two annual water rate increases. He felt that no evidence had been
presented by the City staff -or City consultant for the need of additional funds
for maintenance of the water system. He also felt that there was no need shown
for the Council update of the system with all these capital improvements in one
year. He urged that the citizens of the City be allowed to vote on such a great
rate increase to the citizens of the community.
Mayor Schwartz declared the public.hearing closed.
Coucilman Petterson stated that he would support the rates as presented. He did
so in the belief that the .water system should be self- supporting and that the
system should be able to pay its way and not be subsidized by the general taxpayers.
He felt that if the users really wished to reduce their cost of water they could
do so by conservation.
Councilman Jorgensen stated that he would reluctantly support the water rate
increase in order to put the water system on a.self- supporting basis although
he hoped that some sort of a rate structure.could be worked out to benefit people
who could save water and char.gei.` to. the people who used the greater amount of
water with higher rates and who wasted larger amounts of.water. He concluded that
the rates should be increased in order to clear up deficiencies in the system
although he questioned that portion of the rate base-that would be used to import
water to the City which would benefit growth and developers. He would support
the present water rates for correction of deficiencies, but he would look to reduce
the rates to slow growth without a vote of the people.
Councilman Gurnee also stated he would support the proposed water.rates reluctantly
in order to correct system deficiencies and to put the water system on a self. -
supporting basis. He felt that all systems such as water, sewer, etc. must be
put into a position so the public knew the.true cost of their water for utility
resources. He felt the key was two years from now when the rates would again be
increased in order to pay for imported water: If this happened without a vote of
the people he would vote to roll back the water rates. He would also vote to roll
back the water rates if any surplus showed uppin this fiscal year. or next. He
hoped that some time in the future some reduction in the rate schedules could be
made available for the poor and to the elderly.
' Councilman Dunin stated that he agreed with the concept of putting the water
system on a self- sustaining basis but he felt that the approach at-this time
was too high without adjusting the utility tax on water and have that supple-
ment the water rates. He would not.support the resolution increasing water
rates.
Mayor Schwartz stated he would support the water rate increase and agree with
comments of Councilmen Petterson that the water system should be on a self -
supporting basis with a full disclosure of revenues and expenditures. He then
listed a number of items of future cost to the water utility in order to keep
City Council Minutes
August 2, 1977
Page 4
it on a self- supporting and adequate and competent basis for the people of San
Luis Obispo. He also felt that the water rate should be analysed each year and
revised upwards or downwards depending upon the past year experience.
On motion of Councilman Jorgensen, seconded by Councilman Petterson, the follow-
ing resolution was introduced: Resolution No. 3380 (1977 Series), a resolution
of the Council of the City of San Luis Obispo establishing rates and charges for
water service and superseding all previous resolutions dealing with water rates
and charges.
Passed and adopted on the following roll call vote:
AYES: Councilmen Jorgensen,,Petterson, Gurnee and-Mayor Schwartz
NOES: Councilman Dunin
ABSENT: None
On motion of Councilman Gurnee, seconded by Councilman Jorgensen, that the City
staff look into some program which would allow lower utility rates for senior
citizens. Motion carried. I.
On motion of Councilman Jorgensen, seconded by Councilman Gurnee, that the City
Council establish a policy that the water rate structure would be reviewed each
year in August. Motion carried.
3. The City Council considered the final pass age.of Ordinance No. 709 (1977
Series), an ordinance amending the Municipal Code dealing with Sign Regulations
and repealing all urgency ordinances relating to signs.
Mayor Schwartz declared the public hearing open.
No one appeared before the City Council for or against the proposed sign ordinance.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Gurnee, seconded by Councilman Jorgensen, Ordinance No.
709 was introduced for final passage.
Finally passed on the following roll call vote:
AYES:. Councilmen Gurnee, Petterson, Jorgensen, Dunin and
Mayor Schwartz
NOES: None
ABSENT: None
4. The City Council considered the final passage of Ordinance No. 711 (1977
Series), an ordinance amending Part 3 to the Municipal Code, Article II, Chapter 3,
City Employees, concerning criminal convictions and eligibility for City employment.
Mayor Schwartz declared the public hearing open.
No one appeared before the City Council for or against the proposed ordinance.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Jorgensen, seconded by Councilman Gurnee, Ordinance No.
711 was introduced for final passage.
Finally passed on the following roll call vote:
AYES: Councilmen Gurnee, Petterson, Jorgensen, Dunin and
Mayor Schwartz
NOES: None
ABSENT: None
r
City Council Minutes
August 2, 1977
Page 5
5. Council discussion of proposed amendments to the Traffic Regulations
was continued to Monday, August 8, 1977.
1%, X.1 r. 13 1
8:55 p.m. Mayor Schwartz declared a recess. 0. -T i
9:05 p.m. Meeting reconvened all Councilmen present.
f!7 a,:7..j fjSr,
CONSENT ITEMS D C "
0a:1 _ s '_rc F: U
S 1) OU 0 1 6 t; r. c —LI
C-1 On motion of Councilman Gurnee, -,�econftd by Co6ncilfnan Dunin, claiffis
against the City for the month of August, 1977 were approved subject to the
.11---.. . r) .'. - 0 " Ho F,
approval of the Administratiii&'Offic�-t. Rotion carried-.::
C-2 On motion of Councilman Gurnee, seconded by Councilman Dunin, minutes
of the meetings of May 17, July 6, July 11, July 18, 1977'w��re approved. Motion
carried.
C-3 on motion of Councilman Gurnee, seconded by,Councilman Jorgensen, the
following resolution was introduced: Resolution No. 3381 (1977 . Series), a
resolution requesting the County of San Luis Obispo participate in the construction
of a parking garage at the corner of Osos and Palm Streets.
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee, Pettersofi,..Jorgensen, Dunin and
Mayor Schwartz
NOES: None • ABSEN'T: None
C -4 On motion of Councilman Gurnee, seconded by Councilman Dunin, the follow-
ing resolution-was introduce
,Re Resolution 1977.Seriess), a resolution
s
I'll I— f'. r
val"'6f Tentative M 77��12- lote� at 55 63
grantlTi_g.appro in ca
'6r
Ramona na' br i C
Bf6ad -S-tiredf_an� 555 v , c'
e John 2 cant.
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee, Petterson, Jorgensen, Dunin and
Mayor Schwartz
NOES: None
ABSENT: None
C-5 On motion of Councilman Jorgensen, seconded by Councilman Dunin, the
following resolution was introduced: Resolution No. 3383 (1977 Series), a
resolution approving Final Map No.'77-51 located at 1.260 and 1280 Laurel Lane;
City of San Luis Obispo, applicant.
Passed and adopted on the following.roll call vote:
AYES: Councilmen Gurnee, Dunin, Jorgensen, Petterson and
Mayor Schwartz
NOES: None
ABSENT: None
C-6 Pn motion of,CouncjlmaA Gurnee, seconded by Councilman Petterson, the
following a
_ ` -- C,:
'r'resolution accepting the' irprovements iit TraA No 568 Bill Poet;
fo�l t Yd o n Leona Avenue aril
Safi :Carlos Drive.
Passed and adopted on the followi rol call vote
:57rjvn_� T
frlo �o'.T odd no boi(TobG haf-, bop_aZll
AYES: Counqilmen Gurnee, Dunin, Petterson, Jorgensen '.A
111rTS rjep!t_10L. n _- -1):: flofT.1 OfTli b") pl:
SIcW&ftz
-jo
NOES: None
ABSENT: None
City Council Minutes
August 2, 1977
Page 6
C -7 On motion of Councilman Gurnee,_ seconded by Councilman Dunin, to approve
the request of the City Engineer to terminate the Clarifier Rehabilitation contract
with Baker Corporation and readvertise in early 1978. Motion carried, all ayes.
C -8 On motion of Councilman Gurnee, seconded by Councilman Dunin, the following
resolution was introduced:. Resolution No. 3385 (1977 Series), a resolution of the
City Council of the City of San Luis Obispo declaring City property at the corner
of Broad and Santa Barbara Streets open space.
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee, Dunin, Petterson, Jorgensen and
Mayor Schwartz
NOES: None
ABSENT: None
C -9 On motion of Councilman Gurnee, seconded by Councilman Dunin, the
City Council approved the option to purchase creek and related property from
Cal Trans along San Luis Creek between Bianchi.Lane and Madonna Road. Motion
carried, Mayor was authorized to sign the agreement on behalf of the City.
C -10 On motion of Councilman Gurnee, seconded by Councilman Dunin, Jim
Stockton, Director of Parks and Recreation, was authorized to submit an appli-
cation to the State of California for Roberti- Z'berg open space and recreation
program and place in next year's CIP consideration. Motion carried.
C -11 On motion of Councilman Gurnee, seconded by Councilman Dunin, plans
and specifications for EXTENSION OF LAGUNA LAKE GOLF COURSE PROTECTIVE SCREEN
was approved and staff was authorized to, call for bids. Motion carried.
--C-12.A . On motion of Councilman Gurnee, seconded by Councilman Dunin, the follow-
ing resolution was introduced: Resolution No. 3386 (1977 Series), a resolution
of the Council of the City of San Luis Obispo -approving an agreement with Grass
Roots II for fiscal year 1977 -78.
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee, Dunin, Petterson, Jorgensen and
Mayor Schwartz
NOES: None
ABSENT: None
C -12.B On motion of Councilman Gurnee, seconded by Councilman Dunin, the follow-
ing resolution was introduced: Resolution No. 3387 (1977 Series), a resolution
of the Council of the City of San Luis Obispo approving an agreement with Grand-
mother's House for fiscal year 1977 -78.
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee, Dunin, Petterson, Jorgensen and
Mayor Schwartz
NOES: None
ABSENT: None
C -12.0 On motion of Councilman Gurnee, seconded by Councilman Dunin, the
following resolution was introduced: Resolution No. 3388 (1977 Series), a
resolution of the Council of the City of San Luis Obispo approving an agreement
with Family Services Center for fiscal year 1977 -78.
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Gurnee, Petterson, Jorgensen and
Mayor Schwartz
NOES: None
ABSENT: None
City Council Minutes
August 2, 1977
Page 7
C -12.D On motion of Councilman Gurnee,-seconded by Councilman Dunin,. the _
following resolution was introduced: Resolution No.-3389 (1977 "Series)', a
resolution of the Council of the City of San Luis..Obispo approving -an agreement
with San Luis Obispo County Hotline, Inc. for fiscal.year 1977 -78.
Passed and adopted on the following roll call vote:
' AYES: Councilmen Dunin, Gurnee, Petterson, Jorgensen and
Mayor Schwartz
NOES: None
ABSENT: None
C -13 On motion of Councilman Jorgensen, seconded by Councilman Gurnee, the
City Engineer was authorized to commence negotiations with property owners for
cost of putting in parking lot at 668 Marsh Street, and if satisfactory, to
prepare preliminary plans and specifications and cost estimates for Council con-
sideration with the project to include provisions for drought tolerant landscaping.
Motion carried.
C -14 On- motion of Councilman Gurnee, seconded by Councilman Dunin, the follow-
ing resolution was introduced: Resolution No. 3390 (1977. "Series), a resolution
of the Council of the City of San Luis Obispo rescinding parking prohibitions on
portions of Broad Street.
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee; Pe'ttetsori, Jorgensen, Dunin, and
Mayor Schwartz _:..
NOES: None
ABSENT: None
C -15. On motion of Councilman Gurnee, seconded by Councilman Dunin, the follow-
ing resolution was introduced: Resolution No. 3391 (1977 Series), a resolution
of the Council of the City of San Luis Obispo denying the appeal of Maynard F.
Marquardt to the approval of the Planning Commission of Use Permit U -0610 for use
of the property at 51 Foothill Blvd. for a day school.
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee, Petterson, Jorgensen, Dunin and
Mayor Schwartz
NOES: None
ABSENT: None
C -16 On motion of Councilman Gurnee, seconded by Councilman Dunin, the request
of the City Attor`n'ey for approval of proposed bail: schedul "e was -accepted. Motion
carried.
C -17 Request by Linnaea Phillips.to waive the customary 10% gross sales monies
for KCBX when they hold their benefit auction in the Mission Plaza on"October 8
was approved by the City Council based on the following reasons:. 1) KCBX had been
' supported by the City as a community service organization: 2) this affair was to
be the only one staged this year at Mission Plaza requesting a waiver; and 3) KCBX
would leave the Plaza area clear and would so guarantee the.City._..Also, the City
Clerk was to develop a policy statement for Council consideration on future requests
for waivers only if the staff felt that KCBX's exception would be starting a precedent
for others requesting waivers. Motion made by Mayor Schwartz, seconded by Councilman
Gurnee and.unanimously carried.
C -18 Claim against the City by Milton and Betty Grau in the amount of $703.12
for damages allegedly sustained when water service went off at their premises,
The Motel Inn was denied and referred to the insurance carrier on motion of
Councilman Gurnee, seconded by Councilman Dunin. Motion carried.
C
City Council Minutes
August 2, 197 -7 . _ -: n:; u•.
Page 8
C -19 Claim against the City by Mr. and Mrs. Jack Dana for :,damages allegedly
incurred when City pipes clogged causing sewer,backup in their home at 141 Las
Robles, San Luis Obispo was denied and referred to the insurance carrier on motion
of Councilman Gurnee, seconded by Councilman Dunin. Motion carried..
C -20 On motion of Councilman Gurnee, seconded by Councilman Dunin, the follow-
ing contract pay estimates and change ordered were approved and ordered paid:
Conco Engineering, Inc. Est. 415 $13,905.41
MITCHELL PARK PLAYGROUND C.C.O. 412 720.19
C.P. 413 2 -77
Fred Julien & Associates Est. 411 7,845.48
WATERLINE IMPROVEMENTS
tr C.P- .:::411s: 24-,-7-7. '26 =:779,❑ 28 -TT. e:;
-:: _ :,F�.rr.:o
Lee Wilson Electric Co. Est. 411 8,585.10
.TRAFFIC S'IGNALS;.i LOSuOSOS•
"(:. P.C/MADONNA. ROAD" I!' ?_:.., c:.._ . ... 'I p:!_ . L) . = c,:; 7 D, 0"1
C.P. 4111 -77
Collins Electrical Co. Est. 411. .5,490.98
MEADOW PARK LIGHTING.
C.P. 4120 -71
Motion carried.
C -21 On motion of Councilman Gurnee, seconded by Councilman Dunin, the follow-
ing resolution was introduced: Resolution No. 3392 (1077 Series), a resolution
of the Council of the City of San Luis Obispo confirming liens upon real property
parcels for weed abatement costs.
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee, Dunin, Petterson, Jorgensen
and Mayor Schwartz
NOES: None
ABSENT: None
BIDS RECEIVED
B -1 The City Clerk reported on the following bids received for "SANTA ROSA
STREET STORM DRAIN ", City Plan No. 25 -78, bids opened:,July -26, 1977 at 2:00 p.m.
Cost estimate: $7,625.00:
Conco Engineering, Inc.
P.O. Box 511
San Luis Obispo, CA 93406
$ 9,850.00
Fredh Julien r &.:Associates, 7: :•.$10.,833.80
1141 Foothill Blvd.
San Luis Obispo, CA 93401
Paso Constructors, Inca
Rt. 1, Box 14D
Paso Robles, CA 93446
Walter Bros: Construction Co.
P.O. Box 809
San Luis Obispo, CA 93401
Baker Corporation
P.O. Box 419
Arroyo Grande, CA 93420
$15,257.00
$18,050.00
$18;700.00
On motion-of Mayor Schwartz, seconded by Councilman Petterson, that the City
Council accept :the low -bid- Conco Engineering, .,Inc:y San.Luis O.bispo;j,.49.,850.00.
Motion carried.
1
1
1
City Council Minutes
August 2, 1977
Page 9
B -2 The City Clerk reported on bids received for "FIRE STATION NO. 4 ", bids
opened Friday, July 29, 1977 at 3:00 p.m. as follows:
J.W. Bailey Construction $198,700.
424 Olive Street
Santa Barbara, CA 93102
Bunnell Construction $207,000.
101 Suburban Road
San Luis Obispo, CA 93401
R.D. Miller, Administrative Officer, recommended that the low bid of J.W. Bailey
Construction Co. of Santa Barbara including the alternates 2, 3, and the curb,
gutter and sidewalk be approved at a total budget estimate of $250,000.
J.T. Fickes, architect for the Fire Station site, also recommended that the low
bid of J.W. Bailey Construction Co. be accepted. He said upon investigation, he
had found that this firm was very reputable and was sure they would do an
excellent job for the City.
On motion of Councilman Petterson, seconded by Councilman Dunin, that the
City Council accept the low bid of J.W. Bailey Construction Company with
alternates as recommended and they be ordered to proceed. Motion carried.
On motion of Councilman Petterson, seconded by Councilman Dunin, the meeting
adjourned at 10:30 p.m. to 12:10 p.m. Monday, August 8, 1977. Motion carried.
APPROVED: October .4, 1977
!H.
City Clerk
Fitzpatrick,