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HomeMy WebLinkAbout02/21/1978City Council Minutes February 21, 1978 Page 2 development seemed appropriate. The Planning Commission had reviewed the General Plan designation and had recommended that the Plan be changed to show it as interim agriculture. Therefore, the Planning Commission and staff recommended .that- the.City Council extend the interim emergency ordinance for a moratorium for an additional eight months. On motion of Councilman Jorgensen, seconded by Councilman Settle, the following ordinance was introduced and passed as an urgency measure: Ordinance No. III (1978 Series), an interim ordinance of the City of San Luis Obispo extending urgency'Ordinance No. 729 (1977 Series), declaring a moratorium on the issuance of building permits for the construction of structures on Bullock Lane property, for an additional eight month period. Finally passed and adopted ontthe following roll call vote: AYES: Councilmen Jorgensen, Settle, Petterson and Mayor Schwartz NOES: Councilman Dunin ABSENT: None 2. Mrs. Barbara Carlson, Deputy Executive Officer for the San Luis Obispo LAFCO, appeared before the City Council on behalf of LAFCO, notifying the City Council that they were beginning their Sphere of Influence Program in the County. She explained that in 1970, the State Legislature directed each LAFCO to establish a Sphere of Influence for each governmental agency within the County. A Sphere of Influence isrdefined in the Government Code is "A plan for the probable ulti- mate physical boundaries and service area of a local governmental agency." Since 1970, many LAFCO's had been unable to respond.to this directive due to a lack of funding and staff with,which to develop a program. As a result,.recent years had seen the defeat of several legislative attempts to establishian early deadline date for completion of Sphere of Influence Programs by.LAFCO's. It was evident that soon, a mandated completion date would be established by the legislature. ' While LAFCO' had no authority over land use, the type of land use allowed created the demand for the number and type of services an area of community needed, and LAFCO was the agency through which the orderly provisions of service were accomplished It was obvious that consideration must be given to availability of services and use of their provisions when land uses were allowed or established in general plans. Presently, the San Luis Obispo County Planning Department was in the.process of proposing a new Development Code and was developing the land use element of the County's General Plan. Because of inter - relationships between land use and services, both LAFCO and the County Board of Supervisors supported the concept of Sphere of Influence and the land use element being developed somewhat conjunc- tively. The Lane'Use Element Team had divided the County into fourteen planning areas and would be establishing City and Community Urban Reserve and Urban Service Lines. Following a schedule for developing draft reports.for each planning area, LAFCO's staff would prepare draft reports indicating proposed Spheres of Influence and spheres of service relating to these planning lines. These would eventually be adopted with or without revision following public.hearings.before the Local Agency Formation Commission. She felt it was imperative.that there be close cooperation and communication between the LAFCO staff and city department heads and their staff during establishment of the tenative sphere lines. Each of these policies, capital improvementsprograms and concepts of the city's future area must be considered. Finally, the Local Agency Formation,Commission, at its meeting of November 3, 1977, adopted its_policy and - criteria for Spheres of Influence, a copy of which -had already been transmitted to members of the City Council. ' Henry Engen,.Community Development Director, followed up the presentation by Mrs. Carlson on the Spheres of Influence Program being prepared by the County. He stated that concurrently, _ the County Planning Department was in the process of finishing'their. draft of an ambitious program entitled "Land Use Element/ Development Code ", which would bring together the State mandated General Plan and Zoning Consistency Requirements into a single county -wide document. As part of that effort, each city in the county would have a separate chapter indicating land use and servicing policies for each particular urban reserve area. The Sphere of Influence Program and the Land Use Element /Development Code would be of critical importance to the.pattern of growth within and adja- cent to the City of San Luis'Obispo. As part of the material submitted to the City Council.Minutes February 21; 1978 Page 3 Council by LAFCO, it was noted that_the Spheres of Influence which were adopted would delineate the ultimate limits -of local agencies as reflected in the General Plans.of the various cities and the County by.the Urban Reserve Line.. He stated that LAFCO did not define Urban Reserve Line, but the-city's definition was con- sistent with that of the County Planning Department with the City's 1977 General Plan, indicating "The Urban Reserve Limit shall define the maximum envelope or area reserved for existing immediate and /or potential urban developments in the planning area consistent with the General Plan and shall be essentially consid- ered.the Sphere of Influence.of the City of San Luis Obispo." Hence, it became obvious, it would be important to have consistency between the line delineated by LAFCO, the County and the City in order to provide a uniform interpretation of policies with respect to the Urban Reserve Line. The second critical defini- tion which was common to both LAFCO.and the General Plan process.-is LAFCO's definition of Urban Service Line as "A line that.delineates the area presently receiving urban services and /or areas proposed to be provided with urban services within a 10- year.period as indicated in a local agency's adopted capital improve- ment program and reflected in the last Land Use Element of the County's General Plan." The last page of the General Policies and Criteria adopted by LAFCO further discusses Urban Service Lines which were described as being coterminous with spheres of service for LAFCO purposes. Importantly, the LAFCO concept defined areas lying between spheres of service and Spheres of Influence as transition areas. These transition areas were depicted as being lands which would be utilized for urban expansion within approximately 10 to 20 years.. This timetable did not correlate with the specified intention of the City's General Plan.. The City's General Plan indicated that areas designated for interim agriculture, residential expansion and rural 'industrial within.the urban reserve should be encouraged to remain in an agricultural use. The .1977 General Plan also stated firmly that "The City shall not provide urban services outside the City limits nor, where more restrictive, outside of the urban reserve limit." However, in that area line between the city limits and the urban .service lines,.the LAFCO.guidelines would suggest.that.these areas would be in receipt of services within a 10 year period, which might very well not be the case in San Luis Obispo. In this regard, it.should be noted that the city's urban reserve had a population carrying capacity which- exceeded 20 ' year population projections while LAFCO's planning period was keyed to 20 years. Finally, he concluded that in general terms, the purposes of LAFCO and the objectives of the city were very much in accord, especially with.respect to discouraging urban sprawl and encouraging the orderly formation and development of local government agencies. However, as could often be the case, the specifics of obtaining such mutually agreed upon results could be the cause of some conflict. He suggested that the citysshould request LAFCO to make adjustments in..its appli- cation of definitions to accommodate the grmth- management policies of the city. Moreover, policy should be eseablished to refer all land use and servicing proposals lying beyond our urban reserve area, but within our planning area, the upper half of the San Luis Obispo Creek Watershed, to the city for comment. For this end they would request the Council to direct staff to work with LAFCO staff to explain General Plan policies and to advise of points of potential conflict within LAFCO's Sphere of Influence General Policies and Criteria. The City Council then discussed with Mrs. Carlson and with Henry Engen the impact of the County adoption of their General Policies and Criteria for implementing their scope of Spheres of Influence. On motion of Councilman Settle, seconded by Councilman'Dunin, that the staff be requested to work with.LAFCO staff to clarify.definitions in LAFCO's documents and the city's General Plan documents with staff to make reports to the City Council on the progress of these changes. Motion carries, all ayes. 3. At this time the City Council again considered the proposed Charter Amendments to be placed on the June Primary Election for consideration by the voters of San Luis Obispo. Allen Grimes, City Attorney, presented three minor typographical errors that should be corrected and one an interpretive error, so that the documents would be as correct as adopted by the City.Council on February 14, 1978. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed resolution. Mayor Schwartz declared the public hearing closed. 1 City Council Minutes. February221, 1978 Page 4 On motion.of Councilman Settle, seconded by Councilman Jorgensen, the following resblution was introduced: Resolution No. 3504.(.1978 Series), a resolution of the Council.of the City of San Luis Obispo calling a Special Municipal Election to be held in.said city on Tuesday, June 6, 1978, to be consolidated with the State -wide Primary Election to be held on said date for the purpose of voting on City Charter measures.. Passed and adopted on the.following roll call vote: ' AYES: Councilmen Settle, Jorgensen, Dunin, Petterson and Mayor Schwartz NOES: None ABSENT: None On motion of Councilman Settle,.seconded by Councilman Jorgensen, the following resolution was introduced, 'Resolution No.•3505 (1978 Series), a resolution requesting the Board of Supervisors of the County of San Luis Obispo to consoli- date a Special Municipal Election with the State -wide Primary Election to be held on June 6, 1978 for the purpose of voting on the adoption of a new City Charter. Passed and.adopted'on the following roll call vote: AYES: Councilmen Settle, Jorgensen, Petterson and Mayor Schwartz NOES: Councilman Dunin ABSENT.:- None 4. Charter Amendment Petition. The City Clerk submitted a Certificate of Sufficiency to the City Council stating that the initiative petition filed on January 30,_.1978, requesting.that the City Council submit an amendment to the City Charter for.consideration of the.voters at-the next available election by adding Section'727 - Voter Approval of Annexations, was found to be sufficient and that the petition contained the signatures of 15% of the registered voters who voted.'for Governor in the last gubernatorial election pursuant to Section No. 34462 of 'the Government Code. On motion of Councilman Jorgensen, seconded by Mayoi.Schwartz, the City Clerk's Certificate was ordered received and filed. On motion of Councilman Jorgensen, seconded by Mayor Schwartz, the following resolution was introduced: Resolution No. 3506 (1978 Series), a resolution of the Council of the City of San.Luis.Obispo calling a Special Municipal Election to beheld in said city on Tuesday, June 6, 1978, and to be consolidated with the State -wide Primary Election to be held on said date for the purpose of voting on City Charter Amendment by adding Section 727 per Initiative Petition certified on February 8; 1978. Passed and adopted on the following roll call vote: AYES: Councilmen Jorgensen, Settle, Petterson, Dunin'and Mayor Schwartz NOES: None. ABSENT: None On motion of Councilman Jorgensen, seconded by Mayor Schwartz, the following ' resolution was introduced: Resolution No. 3507 (1978 Series), a resolution of the Council of the City of San Luis Obispo requesting the.Board of Supervisors of the County of San Luis Obispo to consolidate a Special Municipal Election with the State -wide Primary Election to be held on June 6, 1978, for the purpose of voting on the adoption of an amendment to the City Charter by adding Section 727. Passed and adopted.on.the following roll call.vote: AYES: Councilmen Jorgensen, Settle, Petterson, Dunin and Mayor Schwartz .NOES: None . ABSENT: None City Council Minutes February 21, 1978 Page 5 5. The City Council considered the appeal of Mel Hahn, dba Ed's Take Out, for an exception to the provision of Section 1709, Table 5A, of the Uniform Building Code to allow a building with openings on the property line. John Kellerman, Chief Building Inspector, explained the problem at Ed's Take Out remodeling as follows: He stated that at the original discussion of the plan check for the addition and. remodeling of. Ed's Take. Out, the. .plans presented did not show the property line separating the property on which the take out was located and the parking lot property needed for the operation. Subsequent to I the initial review, the architect for the applicant notified the Department of the existence of the property line separating the two properties. The architect was then informed that Section 505, Table 5A of the Building Code required a fire - resistive wall at the property line and openings in the wall were not per- mitted when the wall was less than five feet from a property line. In addition, Section 1709 of the Code required a thirty inch parapet, above the roof, on the wall parallel to the property line. These requirements were undesirable to the applicant because.of the design and function of the new operation. In reviewing this matter with the applicant, Mr.. Kellerman stated that he could ask for an exception to the Uniform Building Code of the City Council and if the City Council wished to grant the exception, proper covenants should be prepared to be approved by the City Attorney and recorded by the property owner stating that at any time the properties were separated, the openings in the wall would be closed with fire - resistive material and a parapet would be installed. Ken McIntyre, Architect for Ed's Take -Out, explained the which were caused primarily by being required to move the further to the west due to a dity plan line on California a grant of space to the city for future street widening. foundation on this line would be.under the building so as adjacent property. )roblems to the Council remodeled building Boulevard which required He stated that the not to intrude on the Mel Hahn appeared before the City Council on behalf of his appeal for exception reviewingffor the City Council the conditions of the-leases for.Ed's Take -Out 1 and for_the - adjacent motel and parking lot. On motion of Councilman Jorgensen, seconded by Councilman Settle, that the . property owner prepare the necessary documents for a covenant to guarantee the closure of the building openings and installation of a parapet if and when the properties were ever divided. Council also stated that this was not to be construed as a precedent due-to the conditions existing in the leases.. Motion carried, all ayes. 9:05 p.m. Mayor Schwartz declared a recess. 9:15 p.m. the City.Council reconvened with a11'Councilmen present. 6. The City Council considered a request from Cal Coast Construction Co., for time extension for submission of the Final Tract Map No. 592, now called "The Meadows" (formerly known as Los Verdes Park Phase III). Dan Smith, Senior Planner, reviewed the request for time extension with the City Council stating that the Planning Commission approved the 12 month time extension subject to the same 29 conditions for the tentative map approval. He continued that at the Planning Commission hearing, the Public Service Director asked that an additional condition be added to the tentative map approval which would provide "The subdivider shall construct a 12' wide, all- weather dust -free maintenance access road along the top of the creek bank across the entire subdivision and with the connection to Los Arboles Circle, all to the approval of the.Public Services Director." He further stated that the Commission did not recommend this condition be added because they felt the road addition might _have toe removed, and they felt that - sufficient access.to the creek-was prov_ided._by Lot 95, which was to be dedicated to the city. D.F. Romero, Director of Public Services, stated that the city's continual frustration in attempting to obtain access to drainage facilities was very apparent during the recent storms when city crews found it necessary-to knock down fences, damage landscaping and threaten to use the police power to require access from property owners. He felt that the city should tighten up theirf City Council Minutes February 21, 1978 Page 6 requirements to force developers to allow.access to the creek in order to.make bank repairs, remove fallen trees; etc., and this particular.development had a long frontage along San Luis Creek. He'stated that he had made the same requests of a.nearby developer at Higuera Street across from the Sewer Plant. He felt that his review of the plans would not require the removal of.trees; he felt that the access road could go in between the trees; just so. that there was some access for equipment without going through private property, fences, etc. Paul Landell, representing Cal Coast, the developer, stated they were opposed to the condition as requested by David Romero as he felt that the city had full access to the.creek on the west side which was owned by the city and access could be made for the removal of debris. He hoped that the:Council would support the recommendation of the Planning Commission and not force a-reduction in size or I location of the lot. On motion of Councilman.Petterson, seconded by Councilman Settle, that 'the City Council accept the recommendation of the.Planning Commission; grant a one (1) year extension for filing of the final map, but not to add condition 930 dealing with the access road. Motion lost on'the following roll call vote: AYES: Councilmen Petterson.and Settle - NOES: Councilmen Dunin, Jorgensen and Mayor Schwartz ABSENT: None On motion of Councilman Jorgensen, seconded by Councilman Dunin, that the.City Council hold up approval.of the one year extension for Tract No. 592 and that the matter of-the access road be referred to the Public Services Director and the developer to work out some type of access easement to give'city crews access to the waterway but not necessarily 12'. .Motion carried, all ayes. 7. The City Council considered a communication from Florence Hall, 81 Foothill Blvd. requesting that the City.Council take action to alleviate the traffic hazard that existed -in -front -of her -home on .Foothill Blvd,: where- several - automobile accidents had occurred primarily due to the narrow curved road and the high -speed of the cars using the street. _ .... ...... Wayne Peterson, City Engineer, stated that he had reviewed-this request of the Hall's.and there were apparently two problems which motorists.approaching'the curve at too high:a rate of.speed faced:. 1) The pavement had'a lot.of water running across it during storms; and 2) Pavement was too slick at this point. He suggested that possibly the city could at this point. He also suggested that if planned development was approved by the C Blvd. across the frontage of the property transition from four =lanes on Foothill to extension of Foothill Blvd. chip -seal it to add to the traction and when the Foothill Annexation and nincil, that full improvements of Foothill could be made which.would change the the narrow -two -lanes on the county road R.D. Miller, Administrative Officer, stated that the problem seemed to be the motorists entering the city limits at high speeds partly because -of recklessness and partly because of the fact that no speed limits were posted. He suggested the City Engineer be directed to contact the county and see whether they would install a lower ^speed -limit sign at.some.point outside the city. if legally'possi- ble or if not.at least.install 55 -MPH signs or -some type of warning that urban - type development lies ahead, including the Baptist Church School. He also agreed with the suggestions that the city consider chip sealing Foothill Blvd. near the city limits to improve traction and•to require full drainage.improvements if and when the Foothill_ Annexation - planned development.became a- rea•li.ty. Dave Romero, Public Services Director, reviewed the problem of Foothill:Blvd . estension going out into the county stating that it was properly signed, that the streets were posted, that westbound traffic leaving- themcity was notified by signs that the road narrowed:one block prior to the curve and the.lane striping for City Council Minutes February 21, 1978 Page 7 westbound traffic reduced to one lane approximately one block before the curve. He-did not feel that the curves were dangerous even during rainy periods for vehicles dtiving within the speed limit. He felt'the problems were- caused by flagrant violation of traffic laws, primarily speeding. He stated that .these problems would be mitigated with the annexation and development of property along these three curves,.thus permitting the city, in cooperation with the developers to improve this portion of Foothill Blvd. to an adequate standard. He stated that a chip seal would worsen the traction for several months until the chips were-firmly set. Elton-Hall, appeared before the City Council reviewing some of the problems that he had seen exist in the years that he has lived at what he considered a very dangerous street.- On motion of Councilman Jorgensen, seconded by Councilman Settle, that the Council direct the staff to review the area and take the_ action -they feel appropriate including the possibility of adding -signs to- improve the situation both in.and oiit.of the City of San Luis Obispo and continue the evaluation of conditions regarding traffic, drainage, etc. The City Council considered a communication from the city engineer recommending ordinance revisions relative to the loading zone limits in the traffic ordinance: He stated that at the present time, the. loading zone curb markings required no stopping, standing and parking at anytime between 7:00 a.m. and 6:00 p.m. any day except Saturdays, Sundays, and holidays, for any purpose other than loading or unloading of passenger materials and it was the recommendation of the traffic engineer, the B.I.A., and other members of the staff, that this limit be changed to 3:00 p.m., at which time anyone could park in that zone with only the two —hour parking time limits. Wayne Peterson stated-that all the truckers -that this matter had -been discussed with were amenable to this amendment except for Smith Transportation out of Santa Maria which felt that the 3:00 p.m. closing was a little tight for them, but they could still park in the zone unless it happened to be filled with private automobiles after 3:00 p.m. standing. Oa motion of Councilman Petterson, seconded by Councilman Jorgensen, to authorize the preparation of an ordinance to'meet the recommendations of -the B .'I.A. and Traffic Engineer. Motion carried, all ayes. 9. At this time Steve Burrell, represeriting " KCB X;Public Radio, appeared before the City Council reviewing the problem of having most of their property destroyed by a fire in the Wickenden Building on February 12, 1978, asking that the City Council consider a grant of $5,000 in order to help get the public radio station back on the air. They were making requests again of all the citi- zens in order to keep this well received public service radio station in service. He reviewed with the City Council some of the accomplishments that had been performed in the short time that KCBX Public Radio had'been operating in San Luis Obispo. At the - present time, they were operating in free office space granted by Warehouse Sound and - Railroad Square property owners, but that the problem was getting their equipment and the fact that they were'underinsured wcu. would not cover the total losses experienced by the station. Councilman Settle stated that he felt that KCBX had been doning an excellent job and that he would support the request, stating that he felt that they-were doing a public service for the people in and around the City of San Luis Obispo. Councilman Jorgensen also agreed that the public service given by KCBX was not being duplicated by any other station or agency in the community, and that he would support their request to help them get back on the air to continue their public service. Ila Harmon appeared before the city could support KCBX with c KCBR was a much better station from the city. Councilman Settle again.stated broadcasting local activities, City Council stating she could not see how the ity tax funds. She felt that the Cal Poly Station and was more needy and deserving of public monies that he felt KCBX performed a public service in current events, meetings, etc. 1 1 City Council Minutes February 21, 1978 Page 8 Councilman Dunin stated that he too would support KCBX's request and felt that they were performing a most valuable service for the community. But, first he wished to be assured that any contribution made by the City would be legal. Councilman Petterson stated that he had mixed emotions. He felt that KCBX did a public service, but first he would want to see just what the insurance covered, even though it was under insured, and how much it really was going to cost to get them back on the air, and what their losses, really were (what was involved). ' Councilman Dunin agreed with Councilman Petterson that this matter should be investigated before any grants were made to the station. Councilman Jorgensen stated that he felt that KCBX performed a very valuable public service but first he felt the city should be looking into what effect this has had on KCBX's operation. He would support a grant subject to a better inven- tory of what was lost and what the insurance adjustment came up with. Mayor Schwartz agreed that KCBX deserve support from the public as it was a very public service oriented agency. It was moved by Councilman Settle, seconded by Councilman Jorgensen, that KCBX get additional information on their losses, source of funds and the legality of the city contributing public funds to their support. The matter was continued to either March 7 or 21, 1978 depending upon when this information was available. Motion carried, all ayes. CONSENT ITEMS C -3 On motion of Councilman Settle, seconded by Councilman Dunin, the follow- ing resolution was introduced: Resolution No. 3508 (1978 Series), a resolution of the Council of the City of San Luis Obispo authorizing the election of an indi- vidual reimbursement account to finance the city's liability for unemployment insurance. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Petterson, Jorgensen and Mayor Schwartz NOES: Nacre ABSENT: None C -4 On motion of Councilman Settle, seconded by Councilman Dunin, the follow- ing resolution was introduced: Resolution No. 3509 (1978 Series), a resolution of the City of San Luis Obispo finding a Level I Ordinance 604 -A water deficiency associated with Use Permit request U 0646 for a commercial building at 999 Monterey Street and requiring the applicant to correct the deficiency by installing a 10" water line in Osos Street from Marsh to Monterey Streets. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None C -5 On motion of Councilman Settle, seconded by Councilman Dunin, the follow- ing resolution was introduced: Resolution No. 9510 (1978 Series), a resolution of the Council of the City of San Luis Obispo denying an appeal of the Planning Commission decision not to require an EIR for the proposed annexation and prezoning of land at 50 Foothill Blvd. C -1 On motion of Councilman Settle, seconded by Councilman Dunin, to approve claims against the city for the month of February, 1978 and ordered paid subject to the approval of the Administrative Officer. Motion carried. C -2 On motion of Councilman Settle, seconded by Councilman Dunin, to approve the minutes of December 19 and December 20, 1977 as presented. Motion carried. C -3 On motion of Councilman Settle, seconded by Councilman Dunin, the follow- ing resolution was introduced: Resolution No. 3508 (1978 Series), a resolution of the Council of the City of San Luis Obispo authorizing the election of an indi- vidual reimbursement account to finance the city's liability for unemployment insurance. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Petterson, Jorgensen and Mayor Schwartz NOES: Nacre ABSENT: None C -4 On motion of Councilman Settle, seconded by Councilman Dunin, the follow- ing resolution was introduced: Resolution No. 3509 (1978 Series), a resolution of the City of San Luis Obispo finding a Level I Ordinance 604 -A water deficiency associated with Use Permit request U 0646 for a commercial building at 999 Monterey Street and requiring the applicant to correct the deficiency by installing a 10" water line in Osos Street from Marsh to Monterey Streets. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None C -5 On motion of Councilman Settle, seconded by Councilman Dunin, the follow- ing resolution was introduced: Resolution No. 9510 (1978 Series), a resolution of the Council of the City of San Luis Obispo denying an appeal of the Planning Commission decision not to require an EIR for the proposed annexation and prezoning of land at 50 Foothill Blvd. City Council Minutes February 21, 1978 Page 9 Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Petterson and Mayor Schwartz NOES: Councilman Jorgensen ABSENT: None C -6 On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3511 (1978 Series), a resolution of the Council of the City of San Luis Obispo adopting a policy statement for the multiple small dams in the Salinas River Watershed. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Petterson, Jorgensen and Mayor Schwartz NOES: None ABSENT: None C -7 On motion of Councilman Settle, seconded by Councilman Dunin, the communication from Richard Schmidt, 112 Broad Street, requesting Council authorize the reconstruction of the Bressi - Boriack Culvert in the 100 block of Broad Street for the prevention of future flooding in this area was ordered received and filed and the City Clerk was directed to notify Richard Schmidt of proposed city action. Motion carried, all ayes. C -8 On motion of Councilman Settle, seconded by Councilman Dunin, the communication from Raymond T. Hesse, 561 Couper Drive, requesting Council take steps to alleviate the flood hazard which exists on Couper Drive was ordered received and filed and the City Clerk was directed to notify the property owner of the city's plan of action on this matter. Motion carried. C -9 On motion of Councilman Settle, seconded by Councilman Dunin, the communication from Peter Andre requesting the city take some action to provide for weep holes in retaining walls near his property to allow for natural drain- age of water in an effort to protect his property from erosion and gullies was ordered received and filed and the City Clerk was directed to notify the property owner of the report by the Public Services Director. Motion carried. C -10 On motion of Councilman Settle, seconded by Councilman Dunin, the follow- ing resolution was introduced: Resolution No. 3512 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving extension of two agreements with Bobby Kober as Golf Professional and Concessionaire at Laguna Lake Golf Course until February 28, 1979. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz I�[ilalc��CT.Ta ABSENT: None C -11 At this time the City Council considered a resolution granting final approval of Parcel Map No. SLO 76 -366 located at 590 Felton Way (Alf Starkie, applicant). , Councilman Steve Petterson asked that he be excused from participation as he owned property adjacent to the subject parcel and might have a conflict of interest. On motion of Councilman Settle, seconded by Councilman Dunin, the following . resolution was introduced: Resolution No. 3513 (1978 Series), a resolution of the Council of the City of San Luis Obispo granting final approval of Parcel Map No. SLO 76 -366 (Alf Starkie, applicant), 590 Felton Way. City Council Minutes February 21, 1978 Page 10 Passed and adopted on the following roll call vote :! -.. AYES.: Councilmen Settle, Dunin, Jorgensen and Mayor Schwartz NOES None ABSENT: Councilman Petterson d and took his place at the Councilman Petterson returned Council desk. r C -12 On motion of Councilman.Settle, seconded'by Councilman. - Dunin, the following resolution was 'introduced: Resolution No: 3514 (1978 Series), a resolution of the Council of the City of San Luis Obispo granting approval of tentative Minor Subdivision No. 77 -27, located at 2650 Augusta Street, Bildon Enterprises. Passed and adopted on the following roll call voter AYES: Councilmen Dunin, Jorgensen, Petterson,'Settle and Mayor Schwartz NOES: None ABSENT: None C -13 Traffic Hazard: Block Screen Wall on Los Osos Road. The City Council discussed the various status reports dealing with the visibility problem at the corner of Oceanaire Drive and Los Osos Valley Road, placed as part of the .&evelopment of Tract 569. Staff recommended that this matter be set for public hearing on March 7, 1978. On motion of Councilman-Settle, seconded by Mayor Schwartz, that the City Council set a public hearing on the matter of the traffic hazard for March-7, 1978, with the staff to review their recommendation with one recommendation to the City Council that was firm and clear. Motion carried. Councilman Jorgensen moved that the City Administrative Officer prepare a clear c,oncise memo on all items dealing with this block wall that was part of Tract 569 with a clear analysis for the Council's consideration. Motion lost for lack of a second. C -14 On motion of Councilman Settle, seconded by Councilman Dunin, that the request of George E. Hoffman, Hidden Hills Mobilodge, requesting Council approval to hookup to-the city's sewer system be referred to the city staff for report at the next Council meeting. C -16 On motion of Councilman Settle, seconded by Councilman Dunin, the follow- ing resolution was introduced: Resolution No. 3515 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving the agreement between the city and Emily M. Kluchin foi Santa Rosa Street widening right -of -way. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3516 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the city, and Stanley Nelson, William'-A•. Nelson and Flora _Nelson::for Santa Rosa Street widening right -of -way. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None City Council Minutes February 21, 1978 Page 11 C -17 On motion of Councilman Settle, seconded by Councilman Dunin, that the claim against the city by Roy S. Buss, 1035 Peach Street, for alleged damages done to his car when the pavement in front of his house gave way was c_ denied and referred to the insurance carrier with the insurance carrier to be notified that this construction work was being done by a private contractor. Motion carried. BIDS , B -1 The City Clerk reported on the following bids received for the "SOUTH BROAD STREET, ROUTE 227, MEDIAN ISLAND PLANTING AND IRRIGATION AND STREET TREE PLANTING," City Plan No. 3 -76, bid estimates, excluding contingencies and engineering fees $36,000. 1) Camcho & Tennis Landscapes $32,989.00 1195 Oceanaire Drive San Luis Obispo, CA 93401 2) Dennis Landscape Co. 34,668.00 1921 B Santa Barbara Street San Luis Obispo, CA 93401 3) Karleskint -Crum, Inc. 35,220.00 225 Suburban Road San Luis Obispo, CA 93401 4) Valley Crest Landscape, Inc. 37,700.00 7043 Commerce Circle Pleasanton, CA On motion of Councilman Jorgensen, seconded by Mayor Schwartz, that the City Council accept the low bid of Camacho & Tennis in the amount of $32,989.00. Motion carried. ' There being no further business to come before the meeting, the Mayor adjourned the meeting to Monday, February 27, 1978, at 12:10 p.m. APPROVED: April 4, 1978 Fitzpatrick, City Clerk M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, FEBRUARY 27, 1978 - 12:15 P.M. COUNCIL HEARING ROOM, CITY HALL Roll Call Councilmen PRESENT: Ron Dunin, Jeff Jorgensen, Steve Petterson, Allen Settle and Mayor Schwartz ABSENT: None ' City Staff PRESENT: J.H. Fitzpatrick, City Clerk; Allen Grimes, City Attorney; R.D. Miller, Administrative Officer; Don Englert, Police Captain; Gordon Johnson, Personnel Director; Roger Neuman, Police Chief; and Special Counsel James Duenow -------------------------------------------------------------------------------- 1. The City Council adjourned to Executive Session for purposes of holding a personnel hearing on the appeal of Sgt. Barry Gregory from disciplinary action imposed by Chief of Police Roger Neuman (See transcript Merit Reporting Services).