HomeMy WebLinkAbout09/06/1977M I N U T E S
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, SEPTEMBER 6, 1977 - 7:00 P.M.
COUNCIL CHAMBERS, CITY HALL
Pledge
Roll Call
PRESENT: Councilmen Dunin, Jorgensen, Patterson and Mayor Schwartz
' ABSENT: Councilman Gurnee
City Staff
PRESENT:. J.H. Fitzpatrick, City Clerk; Allen Grimes, City Attorney;
Dan Smith, Senior Planner; Jim Stockton, Director of Parks
and Recreation; Roger Neuman, Police Chief; D.F. Romero, Director
of Public Services; Dick Minor, Fire Chief; Wayne Peterson,
City Engineer; Terry Sanville, Associate Planner
1. The City Council held a public hearing on the appeal of Mike Alamo of the
approval granted by the Planning Commission of a use permit ( #U -0613) for student
housing located at 1617 Santa Rosa Street, San Luis Obispo.
Mike Alamo, on behalf of his appeal, stated that the proposed use was not accept-
able to the neighborhood, that the character, personality and particular nature
of the neighborhood would be altered if the approval of a student boarding house
at 1617 Santa Rosa Street were granted. He stated that the neighborhood residents
were not in favor of R -3 zoning as recommended in the recently adopted General Plan.
and were trying to salvage a very nice residential neighborhood and upgrade it.
Dan Smith reviewed for the Council's consideration given to this use permit by
the Planning Commission. He stated that student housing (more than three students
in a dwelling unit with common kitchen facilities) were permitted in the R -3 and
R -4 zones with a use permit. He stated that the applicant wished to convert an
older single family house to student housing which would be rented to seven students.
The house was large, had seven bedrooms located on a large lot (7,287 sq. ft.).
There was also room in the backyard area for four additional parking spaces if a
common driveway were used with the lot next door. The parking requirement for seven
students is four parking spaces. He continued that the Planning Commission contin-
ued the item once to obtain data on the prevailing density.of the neighborhood. This
was in response to the neighborhood contention that the area was more an R -2
density than R -3. The relevance of this issue was that group quarters are not
permitted in the R -2 zone. They were intended to be located in the higher- density
residential areas. The Planning Commission approved the use permit as staff
recommended subject to 12 conditions. The Planning Commission had added condition
12, which would require review of the permit within one year to evaluate its
compatibility with the neighborhood. He stated that the staff recommended that
the Council approve the use permit on the following basis:
1. The neighborhood is recommended for R -3 zoning which is considered in most
cases acceptable for student housing.
2. The house is large enough to house seven people and there is room in the rear
of the lot for required parking.
3. The intended use would not create any more traffic than would an apartment
development on the same lot.
4. The Chief Building Official and Fire Marshal did not object to group quarters
with minor modification to the building.
5. There is an apparent need for some student housing in the community.
The staff, therefore, recommended that the City Council deny the appeal and approve
the-use permit subject to the findings and conditions of approval contained in the
Planning Commission resolution as follows:
1. No more than seven persons shall occupy the residence at any time.
2. A minimum of four on -site parking spaces to city standards shall be provided
and maintained at all times.
City Council Minutes
September 6, 1977
Page 2
3. The structure shall be inspected by the Chief Building Inspector and Fire
_ Marshal for code compliance.
4. Smoke detectors shall be installed on the first and second floors to the
approval of the Fire Department.
5. Stairwell between first and second floors shall have a one hour fire rated
separation to the .approval of the Chief Building Inspector.
6. An alternate means of egress shall be provided from the second floor to the
approval of the Chief Building Inspector and Community Development Director. ,
7. Fire extinguishers shall be provided on the first and.second floors to the
approval of the Fire Department.
8. Applicant shall install two street trees to the approval of the Public Services
Department.
9. Applicant shall receive Board of Adjustments use permit approval of the
common access driveway.
10. Site plan (parking and-access) shall be revised to the approval of the
Community Development Director.
11. Applicant shall repair or replace existing curb, gutter and driveway ramps
to the approval of the Public Services Department. Existing driveway may
remain to provide an additional parking space. Said driveway and parking
space shall be paved with a material approved by the Community Development
Director.
12. Use permit shall be subject to review in one year (August, 1978).
Mayor Schwartz declared the public hearing open.
Russ James, property owner, appeared before the City Council on behalf of his
approved use permit by the Planning Commission. He stated that the home in
question was quite large, was occupied by a family, and was now too large for
his use as a single family residence: The proposed use as approved by the
Planning Commission was for student housing with a maximum of seven - students
with seven large bedrooms with five off - street parking places. The lot size
and home size were compatible with the proposed use. The use permit as granted
by the Planning Commission required review of the use permit in one year to
evaluate its compatibility with the neighborhood and as a property owner he
believed this was an excellent requirement and wholeheartedly agreed with it.
He said the appeal by Mike Alamo stated that the character, personality and
particular nature of the neighborhood would be altered. Mr. James stated that
he did not believe this use would be detrimental to the neighborhood for the
following reasons: 1) the neighborhood was R -3 in character with many parcels
developed and used for multiple housing uses; 2) the proposed lot plan and use
for the property would enhance the use of his large home by eliminating the
number of occupants in a parking area that would not be visible from the street;
3) no additional traffic problems would be created; four cars were presently
parked in the lot and off the street; 4) the highest and best use of this large
house would be for multiple housing with limitations; 5) the end review of this
permit would assure all concerned that it would be used in the proper manner.
Harry Dwyer, 1053 Islay Street, appeared before the City Council urging that
they support the appeal and deny the use permit. He was opposed to allowing
this property to be developed and in order to make the parking compatible it
would require the backyard to be paved which would be adjacent to his property..
He didn't feel this was a good environment for a residential area. It was his
feeling that the residents of the area wanted the area to be redeveloped into
R -1 and R -2 uses and not into student housing, boarding houses; etc.
Nancy Janowicz, 1632 Santa Rosa Street, stated she was in support of the appeal
to deny the use permit and to try to allow the neighborhood to-develop into a
better class residential neighborhood.
Mayor Schwartz declared the public hearing closed.
The City Council discussed with staff.several of the conditions established by
the Planning Commission.
Councilman Petterson stated that this problem was universal in San Luis Obispo,
particularly in areas that were in transition from single family to more heavily
densified residential uses. He would deny the appeal but hoped that the Planning
Commission's conditions would be enforced by someone in the city.
City Council Minutes
September 6, 1977
Page 3
Councilman Jorgensen concurred with Councilman Petterson's comments although he
sympathized with the neighbors who wished to protect their neighborhood. He
added that a neighborhood in transition was a problem for all concerned.
Councilman Dunin agreed with denying the.appeal as this neighborhood was in
transition and not truly a single family area. He felt that the annual inspection
of the use permit would insure compliance if the inspections were made.
Mayor Schwartz agreed with comments of the other Councilmen stating that this was
a dilemma faced by the City of San Luis Obispo due to the high student population
and neighborhoods in transition from single family to rental type units. He agreed
with the safeguards set by the Planning Commission. He would support the use permit
and deny the appeal.
On motion of Councilman Dunin, seconded by Councilman Petterson, the City Council
deny the appeal by Mike Alamo and support the recommendation of the Planning Commission.
Motion carried.
2. The City Council held a public hearing on the recommendation of the
Planning Commission to amend the Zoning Regulations by amending Section 9200.16,
"General Regulations ".
Terry Sanville reviewed the recommendation of the Planning Commission stating
that the City Council had made changes to the use permit and nonconforming lot
sections of the Zoning Regulations as recommended by the Commission. The Commission
found the changes acceptable with the exception of the amendment deleting "resi-
dential uses exceeding 24 units per acre 11 from allowed uses in'the Retail Commercial
(C -R) Zone, which they did not discuss. The staff recommended that the Council
pass to print the attached amendments dealing with use permits and powers of the
Board of Adjustments, and nonconforming lots, and defer action on the amendment
dealing with residential uses in the C -R Zone until the Planning Commission had
considered this item at public hearing and made a formal recommendation to the
City Council.
Mayor Schwartz declared the public hearing open.
Mike DeNeve, representing the Building Contractor's Association, asked for clar-
ification of standards for nonconforming.lots in the city.
John King spoke in support of the proposition that the A.R.C. would determine
what could be developed on nonconforming lots. He felt that all such lots should
be declared as sensitive and require A.R.C. approval.
Mayor Schwartz declared the public hearing closed.
Councilman Jorgensen stated that he would support the recommendation of the
Planning Commission if the Council would amend Section C -1 -B to read "four or
more" lots.rather than "two or more" lots.
Councilman Petterson stated he would support Councilman Jorgensen's amendment.
Councilman Dunin would support the introduction of the ordinance but wondered
what effect the A.R.C. would have on this program if each lot had to go to them
for approval.
Mayor Schwartz stated he would support the Planning-Commission program as recommended
and as amended by Councilman Jorgensen.
' On motion of Councilman Petterson, seconded.by Mayor-Schwartz, the following
ordinance was introduced: Ordinance No. 716 (1977 Series), an ordinance of
the City of San Luis Obispo amending Municipal Code Article IX, Chapter 2,
Section 9200.16, "General Regulations".
Introduced and passed to.print on the following roll call vote:
AYES: Councilmen Jorgensen, Petterson, Dunin and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
City Council Minutes
September 6, 1977
Page 4
3. The City Council held a public hearing on the recommendation of the
Planning Commission to amend the Zoning Regulations by amending Section 9200.17.1,
"Use Permits and Variances" and Section 9200.17.2, "Board of Adjustments ".
Terry Sanville reviewed the recommendation of the Planning Commission in assign-
ing certain use permit and variances responsibilities to the Board of Adjustments
while retaining certain ones for their own consideration.
Mayor Schwartz declared the public hearing open.
Mike DeNeve, representing the Building Contractor's Association,.stated that he
was concerned over the requirement that the Board of Adjustments had to approve
each item before them by unanimous vote or would be referred to the Planning
Commission.
It was explained to Mr. DeNeve that this had been the procedure in the existing
ordinance and that no change was being made.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Petterson, seconded by Mayor Schwartz,•the following
ordinance was introduced: Ordinance No. 717 (1977 Series), an ordinance of the
City of San Luis Obispo amending Municipal Code Article IX, Chapter 2, Sections
9200.17.1. "Use Permits and Variances ", and 9200.17.2, "Board of Adjustments ".
Introduced and passed to print on the following roll call vote:
AYES: Councilmen Petterson, Jorgensen and Mayor Schwartz
NOES: Councilman Dunin
ABSENT: Councilman Gurnee
4. The City Council considered the final passage of Ordinance No. 714, '
amending the Municipal Code Article I, Chapter 2, "Penalty Provisions ".
Allen Grimes reviewed for the City Council's consideration, the provisions of
Ordinance No. 714 explaining the various provisions such as: infractions,
misdemeanors, etc.
On motion of Councilman Petterson, seconded by Councilman Jorgensen, the following
ordinance was introduced: Ordinance No. 714 (1977 Series), an ordinance of the
City of San Luis Obispo amending Municipal Code Article I, Chapter 2, "Penalty
Provisions ".
Passed and adopted on the following roll call vote:
AYES: Councilmen Petterson, Jorgensen, Dunin and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
5.A The City Council considered the introduction of an ordinance concerning
Criminal Convictions and Eligibility for City Employment, amending Municipal
Code, Article II, Chapter 3, "City Employees ", Part 3.
Allen Grimes explained to the City Council the need for this type of ordinance
and the provisions of state law under which it was.being.adopted.
On motion of Councilman Dunin, seconded by Councilman-Jorgensen, the following
ordinance was introduced: Ordinance No. 719 (1977 Series), an ordinance of the
City of San Luis Obispo amending Municipal Code Article II, Chapter 3, "City
Employees ", Part 3, concerning Criminal Convictions and Eligibility for City
Employment.
City Council Minutes
September 6, 1977
Page 5
Introduced.-and passed to-print on the-following roll call vote:
AYES: Councilmen Jorgensen, Dunin, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
5.B The City Council considered an ordinance relating to Criminal Convictions
and Eligibility for City Business License, adding Sections 6100.3.2 and 6100.3.2
to Article'VI, Chapter 1 of the Municipal Code.
Allen Grimes again reviewed for.the provisions of the ordinance and the need for
this type of information prior to issuing licenses for very sensitive types of
businesses.
On motion of Councilman Dunin, seconded-by Councilman Jorgensen, the following
ordinance was introduced: .Ordinance No. 720 (1977 Series), an ordinance of the
City of San Luis Obispo adding Sections 6100.3.1 and 6100.3.2 to Article VI,
Chapter 1 of the Municipal Code, relating to Criminal Convictions and Eligibility
for City Business License.
Introduced and passed to print on the following roll call vote:
AYES: Councilmen Jorgensen, Dunin, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
6. The City Council considered the Revised Traffic Regulations Ordinance,
an ordinance which would amend the Municipal Code; Article III.V, Chapter 1 -17
' which was continued from the August 8, 1977.
Communication was received from the Citizens' Advisory Committee asking that this
matter be continued so that they could have some input into what they felt had
some gross errors in the proposed ordinance.
On motion of Councilman Petterson, seconded by Councilman Jorgensen,.to continue
the matter to September 20, 1977 to allow the C.A.C.. to have.input to the ordinance.
Motion carried.
7. Council consideration of the Airport Utility Extension Agreement to.
the County Airport (continued-from August 1, 1977).on Edna Road.
On motion of Councilman Jorgensen, seconded by Councilman Petterson, the matter
was continued to a future meeting on request by the County of San Luis Obispo
Planning Department for clarification of various sections of the proposed agreement.
Motion carried. Staff was directed to work with the County Staff to clarify
provisions of the proposed agreement.
8. The City_Council considered a communication from.Councilman Gurnee
regarding complaints he had received on clogged condition of that section of
sidewalk in front.of McDonald's on Foothill Blvd. He stated that McDonald's
was now undergoing changes to'.a structure constructing a new parking lot., but
little was being done to correct the crumbling wall in front of the property
that was obstructing the free flow of pedestrians to the public sidewalk. In
discussion with the Planning staff, they had informed that little could be done
to correct the situation but he felt that something could be.done to- protect
and provide more public-right-of-way. If nothing could be worked out with the
property owner, he wondered if the.power poles, guy wires, -traffic lights, signs
and street trees could be moved in order to allow freer flow of pedestrians in
this portion of busy sidewalk.
D.F. Romero reminded the City Council that when the original standards were
recommended for this area for sidewalks that 11' wide sidewalks in commercial
zones were recommended for Foothill Blvd. and several were constructed at this
width. With pressure from developers, the City Council later modified these
City Council Minutes
September 6, 1977
Page 6
standards to 10' width and still lower to 6' width, which was the standard in
effect when McDonald's was constructed.. The wider sidewalk.area was needed in
commercial areas to provide for sufficient pedestrian width in addition to all
the required street furniture, such as fire hydrants, power poles, street lights,
traffic signals, bus benches and trees.- He stated, as pointed out by Councilman
Gurnee, that the narrow sidewalks together with the street furniture and land-
scaped walls created a very difficult situation for pedestrians. He also reminded
the City Council of strong Public Works objection when the Planning Department
received approval to plant street trees within this narrow sidewalk. He did not
believe it practical or desirable to modify the street.furniture at the location
but that the solution would be to widen the sidewalk to meet the originally
submitted standard of 10' or 11'. He stated that he contacted the manager of
McDonald's and the owner of Cork N' Bottle and had conducted preliminary discussion
with each of them regarding the project which reconstructed the planters 10'
from the curb face and widen the sidewalk to a full 10' width. Since McDonald's
already has some retaining wall expense implied by its use permit and building
permit, Mr. Romero suggested a 50 -50 sharing of the cost for the McDonald portion
of the.work, approximately $2,700 and that the City pay for the full widening
cost of approximately 15' of the Cork N' Bottle frontage to meet McDonald's at
one end and that Cork N' Bottle driveway on the other end. The estimated cost
would be approximately $300, making the total cost of $1,650 to the city. He
concluded that although his suggestions were well received by the two property
owners, he requested no commitment from either of these people until the Council
approved the proposal.
On motion of Councilman Petterson, seconded by Mayor Schwartz, that the City
Council approve and accept the recommendation of the Public Services Director
and that he be authorized to proceed to firm up the agreement with the property
owners involved. Motion carried, Councilman Gurnee absent.
9:00 p.m. Mayor Schwartz declared a recess. 9:10 p.m. The meeting reconvened,
all Councilmen present, Councilman Gurnee absent.
9. The.City Council-considered an ordinance amending Municipal Code Article
VII, Chapter 5, Section 7501, "Standards and Regulations for Quality of Sewer
Discharge ".
D.F. Romero stated that when the city adopted the sewer ordinance last year,
provisions were included indicating that the city would not enforce all the
requirements pending the final-determination by the Water Quality Control Board
regarding their reasonableness. He stated that the city had now come to an
agreement.and could accept the recently adopted standards. Also, the city's con-
sultants, Jenks & Harrison, had submitted suggested changes in the source control
ordinance which would reflect the.new.requirements. He explained that this was
a very technical change in the ordinance but he would be willing to answer
questions.
Mayor Schwartz declared the public hearing open.
No one appeared before or against the ordinance.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Petterson, seconded by Mayor Schwartz, the following
ordinance was introduced: Ordinance No. 721 (197.7 Series), an ordinance of
the City of San Luis Obispo amending Municipal Code Article VII, Chapter 5,
Section 7501, "Standards and Regulations for Quality of Sewer Discharge ".
Introduced and passed to print on the following roll call vote:
AYES:. Councilmen Dunin, Petterson, Jorgensen and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
10. The City Council considered an ordinance establishing Personnel Rules
and Regulations for city employees.
City Council Minutes
September 6, 1977
Page 7
Gordon Johnson, personnel director, reviewed for the City Council, the proposed
Personnel Rules and Regulations'Ordinance highlighting the general provisions of
the ordinance explaining that this ordinance had-been in preparation for over a
year, that the city•staff had.met and discussed the ordinance and that he had met
with each of the employee.groups and.had.made changes over that year's time and he
felt that this was acceptable by all the employee associations and although they
probably hadn't covered everything he could recommend this as a very comprehensive
ordinance:
On motion of Councilman Jorgensen, seconded by Councilman Petterson, the following
ordinance was introduced: Ordinance No. 722 (1977 Series), an ordinance of the
City of San Luis Obispo establishing personnel rules and regulations for city employees.
Introduced and passed to print on the following roll call vote:
AYES: Councilmen Dunin, Petterson, Jorgensen and Mayor Schwartz
NOES: None
ABSENT.: Councilman Gurnee
Gordon Johnson also presented for the Council's consideration a resolution estab-
lishing the framework for future.relations between the City of Sari Luis Obispo as
an employer, and its employees, and superseding Resolution No. 2141 (1971
Series). He again reviewed the provisions of the employer - employee relations
resolution listing the major changes in the resolution such as:
1) Formal recognition of employee organization as majority representative.
2) Employee representation.at meet and confer sessions.
3) Access to work locations.
4) Use of city facilities.
5) Use of bulletin boards. .
' 6) Dues check -off.
7) Peaceful performance of city services.
He felt these changes were being made to codify existing practice in the employer -
employee relations. The•addition.of these sections would be beneficial to all
parties involved since they.it more clearly defined the rights and responsibilities
of the city and its employees.
On motion of Councilman Jorgensen, seconded by Councilman Dunin, the following
resolution was introduced: Resolution No. 3405 (1977,Series), a resolution of
the City of San Luis:.Obispo establishing the framework-for future relations
between the City of San Luis Obispo, as an employer, and its employees, and -
superseding Resolution No. 2141 (1971 Series).
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Petterson, Jorgensen and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
11. The City Council considered a number of petitions, letters dealing with
the preservation and improvements to Laguna Lake.
' Mayor Schwartz declared the public hearing open.
Mr. DeWitt F. Sampson submitted for the Council's consideration, a petition signed
by 65 citizens asking that the Council take appropriate high - priority action to
save Laguna Lake. These signatures were obtained during a six -hour period on
Sunday, August 28. All of them had gone to look at the lake. Those who stopped
were.solicited. They came from all over the city. He urged the City Council to
take some action to try to preserve and improve the lake before it was lost.
City Council Minutes
September 6, 1977
Page 8
Mr. Hal Hafdahl, Westwinds Windsurfing, urged the City Council to do whatever
was necessary to assure water oriented recreation for community enjoyment and
habitat in the Laguna Lake. He would support any plan to reform the lake but
it should.be done at the least expense. He also hoped that the city would put
sewer effluent in the lake to assure constant depth.
Foster Gruber submitted a petition signed by 160 citizens stating that they were
residents living adjacent to Laguna Lake or owning property along the lake ask-
ing the City Council to take positive action.towards restoring the lake rather
than letting it disintegrate and disappear_through.neglect and misuse with conse-
quent permanent damage to the local environment.. The residual mire was a hazard
to anyone setting foot.on the present-surface.- He stated the lake had been the
city's greatest recreational asset - available for year -round fishing as well as
boating, wading and swimming. Local.wildlife had been abundant and during the
winter months migratory wildfowl had filled the lake's surface to capacity. All
this was now gone. In.addition,..the lake had its functional side - acting as a
spreading ground for the influx of water from Prefumo Creek during a deluge, and
as a silt basin under the same circumstance, both helping to alleviate downstream
flooding. The lake served as a reservoir in case of a massive conflagration and
was used as a percolation pond to keep up water levels.-in wells to the north and
northwest. The petition concluded that the scenic value of the lake, backed by
the park and adjacent morros, had long been appreciated by residents and visitors
alike. Many of the former had built or purchased homes on the lake shore for some
or all of the advantages.listed but now saw their investment rapidly depreciating
with mudflats and weed clumps taking the place of the former water surface. The
city could not, in truth, afford to let the lake die.
Communication from Mrs. Janis Hird stating that she had been a resident by Laguna
Lake for 13 years and hoped-that the City Council would do what it could to bring
the lake back to its former beauty and use.
Communication from the City Planning Commission urging the City Council take action
as soon as possible with respect to.the deterioration of Laguna Lake. They urged
that the City Council remove the plant growth from the Prefumo Arm entrance and
Madonna Road box culvert exit from the lake. They also asked that preliminary
removal of soil at the Prefumo Arm entrance and Madonna Road exit to the
extent necessary.to.prevent further siltation of the entire 45 -acre lake
area. They felt that the city should permit private contractors and indi-
viduals under supervision to remove soil for fill purposes thus saving the
city expense::. It was the Planning Commission's feeling that the two
suggestions could be accomplished with little cost to the city in a.relatively
short period of time to.complete and.before winter rains which would protect
the environmental, recreational and aesthetic aspects of the lake.
As far as dredging the entire lake was concerned, the Planning Commission suggested
that the City Council investigate-federal funds and grant monies available through
the Federal Department of Agricultural.-,They also felt the C.I.P. priority should
be changed to conduct dredging to the extent funds permit and set up a periodic
dredging program particularly at the Prefumo arm entrance. Only a minor amount
of grading would be required to get access to the lake. The city should insure
itself of a permanent easement for maintenance. In conclusion, the Planning
Commission felt the current problems associated with Laguna Lake would continue
to increase unless both preliminary and long -range measures were taken to correct
the problems and-prevent possible future flooding of homes and businesses on and
downstream of the lake.
Communication from V.L. Holland, Department of Biological Sciences -Cal Poly,
reminded the City Council of the valuable educational.resources provided by the
lake. Its plant and animal habitats provided his students with a very important
outdoor laboratory experience. He felieved he spoke for all field biologists in
asking that the City Council do something to see that the lake was protected for
all citizens of the community.
Communication from Janie Holland of the Cal Poly's Womens Club urging that the
City Council do what they could to restore the lake to its former beauty.
City Council Minutes
September 6, 1977
Page 9
Communication from Roger Gambs, 1743 Huasna Drive, stating that he had visited
the lake many times in order to observe wildlife and.had.held vertebrate field
zoology and general ecology (courses he offers at Cal:Poly) and urged the City
do what it could to protect the lake.
A petition signed by 53 persons of the City of San Luis Obispo and of the County
urging the Council to do what could be done to assure the future of Laguna Lake.
1 Petition signed-by 68 residents of San Luis Obispo letting the City Council know
that they were interested in the Council taking some action to save Laguna Lake.
Donald Cross, resident of Laguna Lake area, urged.the City Council to take some
action to save Laguna Lake.
E. Johnson, resident of Laguna Lake, felt the City Council should take action
to do work of cleaning up.the lake at this time by taking out the debris, silt,
weeds, etc. in order to make it a better lake for use of-all the citizens when
it filled up.
Paul Hobbs stated he was in support of improving the lake and to save it.
Harold Field, Oceanaire Dr
and supported anything the
that the city could remove
topsoil to property owners
a committee as nothing was
and short on action.
ive, was very sincere in his appreciation of the lake
city could do.to save it for the community. He suggested
the silt to a central location and then sell it as
or farmers for growing crops. He was opposed to appointing
ever accomplished by.a committee. They.were long on talk
Rose Barger was opposed to spending public funds for Laguna Lake improvements
when the City Council had still.not.taken any action to correct flooding within
the City of San Luis Obispo. She was also opposed to appointing a committee as
she felt that they were ineffective -and got nothing done. She worried about the
next big rain in-the city and what would happen to her home.
Lola McGinnis, Oceanaire Drive, suggested that in dredging the lake, that dirt
not be hauled away but instead use it to make islands within the lake for birds
and ducks and for nice vista points.
Larry Wilhelms,.Administrative Aide, reported to the City Council that he had met
with a number of residences of the area, city staff members and persons familiar
with technical questions involved.as to what to do with the lake and it had become
apparent that there were no solutions which could be simply boiled down to a dredge
or no dredge question.. He stated that he and other members of the staff were
attempting to assemble as much information as possible in order to present a plan
which would form a long -range solution to the.problem. He stated.that.he would
be meeting with representatives of the Soil.and Water Conservation Service of the
U.S. Department of Agriculture. They had been contacted as well as several other
agencies which could provide technical and financial assistance to the city. As
soon as some course of action could be clearly defined, both in terms.of financial
and environmental goals, this information would be forwarded to the City Council
for consideration and action.
Mayor Schwartz declared the public portion of the hearing closed.
Councilman Dunin suggested that the Council appoint a committee-to start a study
of Laguna Lake. He suggested McGinnis, Gruber, Roest, an economist, Romero,
Stockton and Wilhelms.
' Councilman Petterson stated that the Council was aware of.the.value of the lake and
was taking steps through sewer effluent to keep the lake full of water. He
reviewed some of the actions taken by the city to improve and save the lake. He
concluded there was no easy solution of deepening the lake, at least no quick
action, and it would be extremely expensive. He did not feel. the committee would
ever solve the problem.
Councilman Jorgensen agreed with Councilman Petterson's comments but also felt
that there was no crisis but that a solution should be found but it should be
done on a reasonable basis and not a crash program. He would not support a one -
shot expensive dredging of the lake without providing for continuing the maintenance
He would want to know exactly what the environmental effects would be on a massive
dredging program. He felt the city should take a long look at any solution.
City Council Minutes
September 6, 1977
Page 10
-Mayor Schwartz stated that he felt that part of the problem was as follows: 1)
the city allowed the developer to move Prefumo Canyon dumping water and silt into
the lake; 2) the city had not had an annual maintenance program to keep the lake
clean; and 3) the city was unable to physically own the-perimeter of the lake
which made control impossible. Also the city had no plans presently available
for the lake or the city park. He felt that the first problem, at this time, was
to have a plan developed and also to have an EIR developed for the eco system of
the lake. He did not see any immediate solution to today's.lake problem.
The matter was continued for further staff input at the September 20, 1977 meeting. 1
12. D.F. Romero presented for the Council's consideration, plans and specifi-
cation for the "SOUTH BROAD STREET.ROUTE 227 MEDIAN ISLAND PLANTING AND IRRIGATIO
AND STREET PLANTING ", City Plan No. 3 -76, Project SS 244. Estimate including
contingencies and engineering $39,945.00.
On motion of Councilman Petterson, seconded by Councilman Jorgensen, the plans
and specifications were approved and staff authorized to call for bids. Motion
carried, Councilman Dunin voting no, Councilman Gurnee absent.
12.B Wayne Peterson presented the plans and specifications for the "NORTH
TASSAJARA SEWER:INSTALLATION AND PISMO STREET PARALLEL SEWER"; City Plan No. B -15,
CIP #1. Bid estimate including contingencies and engineering $19,495.00.
On motion of Councilman Petterson, seconded by Councilman Jorgensen, the plans
and specifications were-approved and the staff authorized to call for bids. Motion
carried, Councilman Gurnee absent.
12.0 D.F. Romero presented the plans and specifications for "REGLAZING, SOUTHEAST
WALL OF CITY - COUNTY LIBRARY ", City Plan No. B -16'. Bid estimate including contingen-
cies and engineering, $6,600.00.
On motion of Mayor Schwartz, seconded by Councilman Petterson, the plans and specifi�
cations were approved and staff authorized to call for bids. Motion carried,
Councilman Gurnee absent.
CONSENT ITEMS
C -1 On motion of Councilman Petterson, seconded by Councilman Dunin, to approve
claims against the city for the month of September, 1977 subject to the approval of
the Administrative Officer. 'Motion carried.
C -2 On motion of Councilman Petterson, seconded by Councilman Dunin, to approve
the following.City Council meeting minutes as' presented: June 7,'.1977; July 5, 1977;
July 12, 1977; July 19, 1977; July 26, 1977; August 8, 1977; and August 15, 1977.
Motion carried.
C -3 On motion of Councilman Petterson, seconded by Councilman Dunin, to approve
the following contract pay estimates as follows:
Conco Engineering, Inc. Est. #6
MITCHELL PARK PLAYGROUND
C.P. 432 -77
Conco Engineering, Inc. Est. No. 1
SANTA ROSA STORM DRAIN
C.P. 4425 -77
Fred Julien & Associates Est. No. 2
WATERLINE IMPROVEMENT PROJECT
C.P..V s 24 -77, 26 -88 & 28 -77
Melcher Construction Company Est. No. 1
STREET RECONSTRUCTION, KING
STREET & FLORA STREET
C.P. 4/13 =77
Motion carried.
$20,481.10
$4,995.00
$13,956.12
$612.00
ri
City Council Minutes
September 6, 1977
Page 1.1
C -4 On motion of- Councilman Petterson, seconded by Councilman Dunin, a grading
permit for -Tract No. 639, V.M. Farell, applicant, at the.corner of Pereira and
Madonna Road be approved under the conditions submitted by the city engineer.
Motion carried.
C -5 Memo from Robert Mote, Utilities Superintendant, suggesting an amendment
to Resolution No. 2469 on detector check value installations as originally requested
' by Tom Robak was approved on motion of Councilman Jorgensen,.seconded by.Councilman
Petterson, and the staff was directed to prepare a resolution for the next Council
meeting for the Council's consideration. Motion carried.
C -6 On motion of Councilman Petterson, seconded by Councilman Jorgensen, the
staff proposal of procedures for sale or lease of city -owned property be approved.
Motion carried.
C -7 On motion of Councilman Petterson, seconded by Councilman Dunin, the
request of the Human Relations Coordinator requesting Council consideration that
future office space for the H.R.C. and related human services be included in
any plans for a parking garage at Palm and Osos Streets be ordered received and
filed and would be considered. Motion carried.
C -8 On motion of Councilman Dunin, seconded by Councilman Jorgensen, the
request of the Human Relations Commission for a Social Services Coordinating
Council's request for $500 to sponsor an Awareness Workshop out of H.R.C. funds
be approved. Motion carried.
C -9 On motion of Councilman Jorgensen, seconded by Councilman Petterson, the
following resolution was introduced:. Resolution No. 3406'(1977 Series), a
resolution of the Council of the:City of San Luis Obispo recommending that
the League.of California Cities adopt a resolution supporting s National No-
Fault Vehicle Liability System.
' Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
C -10 -A On motion of Councilman Dunin, seconded by.Mavor Schwartz, the following
resolution was introduced: Resolution No. 3407 (1977 Series), a resolution of
the Council'of the City -of San Luis Obispo approving.an:agreement between the City
and Carroll R. McKibbin as Coordinator of Humanists for:the Humanities-in Public
Policy Program.
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
C -10 -B On motion of Councilman Dunin-, seconded -by.Mayor Schwartz, the following
resolution was introduced: Resolution No.- 3408.(1977 Series), a resolution of
the Council of the City of San Luis-Obispo-approving--an agreement between the
' City and various humanists for a study related to the Human Needs Assessment
Program.
Passed and adopted on the following roll call vote:
AYES: Councilman Dunin, Jorgensen;.Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
City Council Minutes
September 6, 1977
Page 12
C -11 On motion of Councilman Petterson,:seconded by Councilman Dunin,
the following resolution was introduced: Resolution No. 3409 (1977 Series),
a resolution of the Council of the City of San Luis Obispo amending Resolution
No. 3365 (Salary resolution) by upgrading the position of Utility Maintenance
Leader in the Public Services Department.
Passed and adopted.on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen; Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
C -12 On motion of.Councilman Petterson, seconded by Councilman Dunin, the
following resolution was introduced: Resolution No. 3410 (1977 Series), a
resolution of the Council of the City of San Luis Obispo increasing General Fund
appropriations for the 1977 /78 fiscal year and authorizing a transfer of funds
for a standard city vehicle marking and identification program.
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
C -13 Consideration of resolution increasing the 1977/78 budget for liability
insurance - Police Professional dropped from agenda.
C -14 On motion of Councilman Petterson, seconded by Councilman Dunin, to
continue consideration of a resolution denying an appeal by Mel Smith of a
Planning Commission decision not to grant a use permit for a warehouse at 1449
Auto Park Way to 9/20/77 due to a 2 to 2 vote. Motion carried.
C -15 On motion of Councilman Petterson, seconded by Councilman Dunin, the
following resolution was introduced: Resolution No. 3411 (1977 Series), a
resolution of the Council of the City of San Luis Obispo eliminating a mail
zone on a portion of North Broad Street.
C -16 On motion of Councilman Petterson, seconded .by Councilman Dunin,
the following resolution was introduced: Resolution No. 3412 (1977 Series),
a Resolution of Appreciation expressing the City's gratitude and appreciation
to Lee M. Schlobohm for his service to the city and its citizens as Fire Chief.
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Petterson, Jorgensen.and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
C -17 On motion of.Councilman Petterson; seconded by Councilman Dunin, the
claim against the city by Hill's Stationery Store, 1127 Chorro Street, in the
amount of.$28.75 for damages done to their store from sewer backup be denied
and referred to the insurance carrier. Motion carried.
C -18 On motion of Councilman Petterson, seconded by Councilman Dunin, the
claim against the city by Kristin Noel Crooks for $500,000 for injuries sustained
to her right hand while she was swimming at Nuss Pool by a piece of tile be
denied and referred to the insurance carrier. Motion carried.
C -19 On motion of Councilman Petterson, seconded by Councilman Dunin, the
claim against the city by Ray M. Noji, 633 Woodbridge Street, for damages allegedly
sustained to his bicyle when he rode into a.storm drain grate at South and Broad
Street for $161.78 be denied and referred to the insurance carrier. Motion carried.
1
1
City Council Minutes
September 6, 1977
Page 13
C -20 On motion of Councilman Petterson,.seconded by Councilman Dunin, the
claim against the city by Ila Harmon, 250 Highland Drive,-in the amount of $50,000
resulting from an accident caused when claimant fell over`a trailer hitch extending
over a city sidewalk and sustained injuries to her person as a result be denied and
referred to the insurance carrier. Motion carried.
C -21 On motion of Councilman
' the request from Grass Roots Il
service to the Human Relations
B -1 The City Clerk reported
GOLF COURSE PROTECTIVE SCREEN ",
1. Alviso Fence Inc.
P.O. Box 248
Alviso, CA 95002
Petterson, seconded by Councilman Dunin, to refer
requesting funds for continuation of their van
,ommission for recommendation. Motion carried.
on bids received for "EXTENSION OF LAGUNA LAKE
City Plan No. B -01, bid estimate $10,011 as follows:
$4,166.00
2. Alameda Fence Company $5,960.00
1829 Webster Street
Alameda, CA 94501
3. Alcorn Fence Co. $7,293.00
9901 Glenoaks Blvd.
Sun Valley, CA 91352
4. Boyd Construction $7,776.00
163 Ramona Drive
San Luis Obispo, CA 93401
5. Conco Engineering, Inc. $9,715.00
P.O. Box 511
San Luis Obispo, CA 93406
The city staff recommended that the low bid of.Alviso Fence Corporation in the
amount of $4,166.00 be accepted.
On motion of Councilman Petterson, seconded by Councilman Jorgensen, the low
bid of Alviso Fence Corporation be accepted.. Motion carried.
B -2 The City Clerk reported that no bids were received by the city for the
"STREET RESURFACING PROJECT ", City Plan No. B -05, bid estimate $30,736.00.
On motion of Councilman Jorgensen, seconded by Councilman Dunin, to authorize
staff to readvertise the bid immediately: Motion carried.
B -3 The City Clerk reported on bids received for "SANTA ROSA WIDENING, MARSH
TO HIGUERA, EASTERLY SIDE ", City Plan No. B -06; bid estimate $14,401.00 as follows:
1. Conco Engineering, Inc. $16,_080.00
P.O. Box 511
San Luis Obispo, CA 93406
2. Melcher Construction Co. $16,330.00
1415 Smith Court
San Luis Obispo,.CA 93401
The city staff recommended that the bid be awarded to Conco Engineering, Inc. in
the amount of $16,080.00.
On motion of Mayor Schwartz, seconded by Councilman Petterson, that the City Council
accept the low bid of Conco Engineering, Inc. in the amount of $16,080.00.
Motion carried, Councilman Jorgensen voting no:
B -4 The City Clerk reported on bids received for "RESERVOIR NO. 1 FLOATING
COVER ", City Plan No. 37 -77, (bid estimate $230,000.00) as follows:
1. Gulf Seal Corporation $ 95,000.00
601.Jefferson, 534 Dresser Tower
Houston, Texas 77002
City Council Minutes
September 6, 1977
Page 14
2. Globe Lining, Inc. $137,740.00
1901 E. Wardlow Road
Long Beach, CA 90807
On motion of Councilman Petterson, seconded by Councilman Dunin, consideration
of the bids was held over to 9/20/77 for staff recommendation. Motion carried.
B -5 The
City Clerk reported on bids
received for
"DIESEL POWERED TRACTOR
BACKHOE - LOADER" as follows:
Less Trade -In 200.00
1.
Edward R. Bacon Co.
$3,695.00
$199831.63
$3,495.00
555 Tully Road Less
Trade -In.
_. 850.00'
$$4,021.00
San Jose, CA 95112
$18,981.63
2.
Ryan Equipment Co.
$4,071.00
$22,500.00
$3,771.00
665 W. Betteravia Road Less
Trade -In
1,500.00
Santa Maria, CA 93454
$21,000.00
3.
Wallace Machinery Co.
$25,000.00
1655 No. Carlotti Drive Less
Trade -In!
10000.00
Santa Maria, CA 93454
$24,000.00
D.F. Romero reported to the City Council that the low bid of Edward R. Bacon
did not meet the minimum specification and therefore, recommended the next lowest
bidder of Ryan Euipment Co. be accepted in the amount of $21,000.00 plus tax.
On motion of Mayor Schwartz, seconded by Councilman Jorgensen, that the City
Council reject the low bid of Edward R. Bacon Co. and accept the bid of Ryan
Equipment Co. in the amount of $21,000.00 plus tax. Motion carried.
B -6 The City Clerk reported on bids received for "PROPOSALS FOR EQUIPMENT,
THREE WHEELED VEHICLES" for the Public Services Departmentas follows:
1. Golden Bear Equipment
$3,695.00
$3,695.00
$3,695.0
2000 Fifth Street
Less Trade -In 200.00
Less Trade -In 200.0
Berkeley, CA 94710
$3,695.00
$3,495.00
$3,495.00
2. Power Lift Company **
•'$4;07.1L100
$4,071.00
$$4,021.00
n. P.O. Box 392
Less Trade -In 200.00
Less Trade -In 250.00
Oxnard, CA 93030
$4,071.00
$3,871.00
$3,771.00
** Note: Item I & II - front bumper not available, rear overload springs only,
steel doors only.
Item II & III - steel doors only available, front bumper not available.
On motion -of Mayor Schwartz, seconded by Councilman Petterson;.that the City Council
accept the low bid of Golden Bear Equipment for Cushman Scooters.. Motion carried.
TRAFFIC COMMITTEE ITEMS
TC -1 77 -8 -1T Recommendation that the crosswalk on Higuera Street at Bank of
America remain where it is was approved.
TC -2 77 -8 -2T Recommendation to deny crosswalk request on= Johnson Avenue at Ella
Street approved.
TC -3 77 -8 -3T On motion of Mayor Schwartz, seconded by Councilman Jorgensen, the
following resolution was introduced: Resolution No. 3413 (1977 Series ,
a resolution of the Council of the City of San Luis Obispo rescinding
parking prohibitions on portions of Higuera Street.
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
City Council Minutes
September 6, 1977
Page 15
TC -4 77 -8 -4T Recommendation for denial of request for a white loading zone in
front of Mid -Town Motel approved and to be reviewed in 60 days after
the effect of the two -hour parking limit.
TC =5 77 -8 -5T Recommendations for a) street department trim shrubs along Buena
Vista Drive; b) Denial.of request for parking.restrictions for
skateboard control on Buena Vista Drive; and c) Police Department
' vigorously enforce skateboard prohibitions were approved.
TC -6 77 -8 -6T Request by City Council for a list of past policies regarding
parking and traffic control continued for further input.
On motion of Councilman Petterson, seconded by Councilman Dunin, the meeting
adjourned to Monday, September 12, 1977 at 12:10 p.m. Motion carried, Council-
man Gurnee absent.
APPROVED: November 15, 1977
F' zpatrick, City Clerk
-------------------------------------------------------------=------=------
M I N U T E S
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
MONDAY, SEPTEMBER 12, 1977 - 12:30 P.M.
COUNCIL HEARING ROOM, CITY HALL
Roll Call
PRESENT: Councilmen Dunin,'Gurnee,'Petterson and Mayor Schwartz
' ABSENT: Councilman Jorgensen
City Staff
PRESENT: J. H. Fitzpatrick, City Clerk; R.D. Miller, Administrative
Officer; Wayne Peterson, City Engineer; Terry_ Sanville,
Associate Planner; Dan Smith, Senior Planner
1. The.City Council continued their discussion on developing strategies
for adoption by the Council in.order to have a Downtown Specific Plan Resource
Document prepared. For d.iscussion.purposes, the City Council used the.report
prepared by planning staff entitled,. "Summary of Issues - Downtown Specific Plan"
dated August, 1977.
It was the general consensus of the City Council that 1) the City of San Luis
Obispo should remain the key commercial trade, financial and governmental center '
of the County; 2) the Downtown develop into specialty retail for the'County; and
3) any major retail establishment should develop at Madonna Road Plaza Area.
Under these general guidelines, the city planning staff was asked to develop
some general goal statements from the above Council consensus.
Mayor Schwartz adjourned the meeting at 2:05 p.m. to 7:30 p.m. Tuesday, September
13, 1977.
APPROVED: November 15, 1977
Fitzpatrick, City Clerk