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HomeMy WebLinkAbout03/21/1978M I N U T E S REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MARCH 21, 1978 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL Pledge Roll Call ' Councilmen PRESENT: Ron Dunin, Jeff Jorgensen, Steve Petterson, Allen Settle and Mayor Kenneth Schwartz ABSENT: None City Staff PRESENT: J.H. Fitzpatrick, City Clerk; Allen Grimes, City Attorney; R.D. Miller, Administrative Officer; Henry Engen, Director of Community Development; Dan Smith, Senior Planner; Terry Sanville, Associate Planner; R.C. Muravez, Director of Finance; Richard Minor, Fire Chief; Jim Stockton, Director of Parks & Recreation; Roger Neuman, Police Chief; D.F. Romero, Director of Public Services 1. The City Council held a public hearing to consider the recommendation of the Planning Commission to amend the Municipal Code, Article IX, Chapter 2, Zoning Regulations by deleting Section 9200.1 - Definitions "Family" and adding Paragraph I to Section 9200.16 I - Dwelling Unit Occupancy Limit, "A dwelling unit in any zone shall not be occupied by more than one family and two persons unrelated to the family or by more than three unrelated persons. These limits do not apply to full time, live in servants. A family is defined here as persons related by blood, marriage or adoption. The owner of the dwelling unit shall be responsible for ensuring that this occu- pancy limit is not exceeded." Dan Smith, Senior Planner, reviewed the recommendation of the Planning Commission for amending the Municipal Code dealing with "three or more unrelated persons in a dwelling unit ". He continued that the zoning amendment was considered by the Planning Commission at a public hearing held on February 22, 1978. After taking considerable testimony, the Planning Commission took action to recommend the amendment with the provisions that the "three plus" occupancy limit apply to all zones. The reasons for the Planning Commission's action were: (1) They felt that eliminating the multiple family zones from the occupancy limit would tend to shift overcrowding to these zones and worsen the problems there; (2) The residences of the multiple family zone (some reside in single family houses and low- density multiple family development) deserved the same protection against overcrowding and attendant noise and parking problems; and (3) The occupancy limit was the only control the city had to address severe overcrowding problems which might be of concern to the Fire Department from a life safety standpoint. 1 Several of the Planning Commission members felt that the R -4 high- density residential zone should not be subject to the occupancy limit to provide some place in the city where occupancy in a dwelling could exceed three unrelated persons. Staff recommended against this because they felt that people in pre - existing low- density developments in the R -4 zone might desire as much protection from overcrowding as the higher density R -3 housing. He, therefore, recommended that the City Council adopt the recommendation of the Planning Commission. Mayor Schwartz declared the public hearing open. City Council Minutes March 21, 1978 Page 2 Tom Robak, contractor, 220 Branch Street, stated he was opposed to consider- ing this amendment to the zoning ordinance when the students at Cal Poly were on quarter break. He felt that this action was unfair to those who were most directly affected. He stated as a contractor he also objected to the city's rules and regulations which he felt were an attempt to control growth. He was opposed to the present ordinance conditions and also opposed to the new conditions being considered by the Council. Dan Smith announced that there was no deliberate intention to bring this to council when the students were on break, it just came through as a normal procedure from the Planning Commission. Walt Chesbro, 1645 Chorro Street, objected to not holding the hearing when the Cal Poly students were here. He felt this was unfair to those who were most affected. He suggested that the ruling be changed to allow four people, other than a family, in other than R -1 zones. Russ Johnson felt that not only should the landlords be held responsible, but also the tenants. Henry Alberts, 1248 Madonna Road, disagreed. He felt the City Council should not cater to the students. He felt the City Council should consider all the citizens of the community. He felt that many,citizens of the city were disappointed in the city officials not enforcing city.laws. He felt the city had the right and duty.to limit occupancy of residents in the city. He urged the council to eliminate any reference to live -in servants and also delineate what was the owner's responsibility in the Planning Commission definition and then read what he believed was a proper enforcement proposal for the community. (See C -9, March 21, 1978 item). Lawrence Cook felt it was common practice in San Luis Obispo for many, many years to allow four students to live in two bedroom apartments or homes. Gail Moyes, Fixlini Street, stated she was opposed to allowing students to take over residential properties in the city. Richard Jacobs stated he was in support of the proposed amendment and hoped the city would adopt it in all zones and districts. Harry Busselen, Skylane Drive, agreed with the proposed zoning amendment and felt it should apply to all zones. He suggested, that to better control the abuse of residences, the city tentatively prohibit parking on residential streets between 2:00 a.m. and 6:00 a.m. with the police to ticket any cars parked on the street at that time. Charles Andrews, Member of the Planning Commission, presented the background and reasonings of the Planning Commission's recommendation with regard to occupancy control in all zones. M.G. Turney, 1750 Prefumo Canyon Road, agreed with the recommendations of the Planning Commission to extend the definition of "family" to all zones in the city. He felt that the city must protect citizens and that the city officials must enforce ordinances once adopted. Mayor Schwartz declared the public hearing closed. Councilman Petterson felt the R -1 district should be protected, but he was opposed to holding the property owner responsible for violations. He felt the tenant should be responsible. He was also opposed to limiting all zones to three unrelated persons. He felt that in multiple zones, tenants should be allowed four per unit or two for each bedroom. Councilman Jorgensen felt he could support the Planning Commission's recommenda- tion. He felt the council should control density. While he agreed with more density for multiple zones, he did not know how to keep it within bounds. He felt the R -1 and R -2 zones should be limited to no..more than three persons but possibly four people should be allowed in the R -3 and R -4 zones. City Council Minutes March 21, 1978 Page 3 Councilman Settle stated he was in support of the Planning Commission recommenda- tion, but he also felt that occupancy in the R -3 and R -4 zones might be logical and he could support this type of amendment. Councilman Dunin stated that he agreed with the Planning Commission recommendation but was worried about occupancy in the R -3 and R -4 or in special zones which would allow four students per unit. He felt the responsibility should be on the owner and also felt that some type of city permit or license should be required for all rentals in the city. He would also support some control of parking in the R -i zones. Finally, he stated he would support the recommendation of the Planning Commission. Mayor Schwartz felt the city should enforce all conditions in their adopted ordinances. He felt that all ordinances should be enforced or taken off the books. He could support either the existing law or the proposed working by the Planning Commission. He felt that whatever was done, it-should be enforced in all zones in the city with no special considerations in the R -3 and R -4 zones. He agreed that the burden on occupancy should be on both the owner and the tenant equally. The City Council then discussed with staff various alternatives and recommenda- tions and condition of holding the property owner liable or holding the tenant and property owner equally liable. Councilman Petterson suggested that the second paragraph of the Planning Commis- sion recommendation be amended by adding the following: "And that occupant be held liable only if a rental agreement or contract has been entered into ack- On motion of Councilman Jorgensen, seconded by Councilman Settle, the following ordinance was passed to print: Ordinance No. 746 (1978 Series), an ordinance of the City of San Luis Obispo amending the Municipal Code, Article IX, Chapter 2, Zoning Regulations establishing a Dwelling Unit Occupancy Limit as amended by Councilman Petterson. Passed to print on the following roll call vote: AYES: Councilmen Jorgensen, Settle and Mayor Schwartz NOES: Councilmen Dunin and Petterson ABSENT: None Councilman Petterson stated that he objected to the motion until the staff could inform the City Council just how many people would be displaced by this action of elminating multiple units to three persons. 2. The City Council held a public hearing to consider the recommendation of the Planning Commission to amend the.official zone map of the city to rezone properties north and east of Buena Vista Avenue from R -1 to R -1 -S and from R -1 to A /C -5. Mayor Schwartz stated that, due to the fact that he owned property immediately adjacent to the area under discussion, he would leave the meeting due to possible conflict of interest. Vice-Mayor Petterson then presided. ' Terry Sanville, Associate Planner, presented the recommendation of the Planning Commission. He stated that, when the Council considered this area during the city -wide rezoning program, they did not accept the Planning Commission's recommendation and it was sent back to the Planning Commission. In referring the item back, the council had asked the Planning Commission to evaluate additional area for R -1 -S zoning except for the steepest northern part of the property which they felt should be zoned A /C. He stated the 1977 General Plan showed the extreme northwest portion of the area under consideration as interim/ agriculture and the rest as low- density residential. The entire area was left as R -1 zoning pending the Planning Commission report. He.stated that the City Council Minutes March 21, 1978 Page 4 topography showed various slope categories. Some areas of slope exceeded 20% for all the area, 30% for most of the area above elevation 460 feet, and 50% along some of the ravines and along Loomis Street across from Cuesta Park. The maximum water service was 460 feet. This entire Monterey Heights area had insufficient fire flow (one of the lowest rates in the.city) and water pressure was below standards for domestic use. This area was beyond the four minute Fire Department response time. Under zoning recommended by the Planning Commission, four dwellings could 1 be built in the area zoned A/C (two on Stim son's ten acres within this zone, one on the small nonconforming lot at the end of Buena Vista, and one on Miossi's five -acre parcel north of the veterinary hospital). The R -1 -S areas could accommodate about 14 dwelling units based on slopes and existing lots. He stated that to maintain a consistent policy towards steeply sloping hillsides with water service problems, zoning hearings should provide for very limited development. He stated that the planning staff continued to favor zoning which reflected the characteristics of the land and the city's regulations so that present and future owners of such property were not caught between their expectations of development indicated on a zoning map and the obstacles they would face in actually using the property. Therefore, the Planning Commission recommendation was a compromise between theirs and staff's original recommendation and the property owner's desire to keep the entire area zoned for urban residential use. Vice -Mayor Petterson declared the public hearing open. Mr. Snetsinger, 510 Serrano Drive, urged the City Council to deny the recommend- ation of the Planning Commission and rezone the entire property R -1 -S.. He also asked that his property not be included in this rezoning as it had been zoned R -1 and was not affected by the various problems.of the Stimson property. Terry Sanville admitted to the City Council that they weren't sure where these property lines were when they advertised the map and therefore Mr. Snetsinger's property should not be included in the zoning consideration. Don Stimson, property owner, stated that he was upset in the perseverance of the planning staff in cutting up his land by zoning. He urged that the City Council leave the zoning as R -1 and not split it up into R -1 -S and A /C -5. He was there to fight for as much of his land to remain as R -1 as possible and not lose it to the A/C zoning. He stated he had been watching the city planning operation for 15 years and he feared, once the A/C was placed on land, he would effectively lose the use of it forever. He urged that the City Council allow him to bring forward development plans that would protect the areas and the features that they were most worried about. He stated he was a developer who was very sensitive to land and would do nothing to damage it. Starr Jenkins stated he was opposed to rezoning the land to R -1 -S and A /C -5. He felt it should be limited only to R -1 development and he felt that Don Stimson would do a good job as a developer as he had proven on other proper- ties within the City of San Luis Obispo. Terry Sanville, upon question, stated that the property owner could also submit a planned development for his property which might allow more density if it could be shown how he would protect the hillsides, etc. Don Stimson again stated that the adopted General Plan showed his property as R -1 and urged the Council to leave it as it was and leave him with the R -1 entitlement. He urged the Council adopt zoning for all his property to R -1 -S and drop all considerations to A /C -5. He felt that a greater area of his property lay below the 460 foot utility service line restriction that had been shown by the staff. He also stated that, working with the Public Services Department, he had offered any necessary road and easements to connect the water lines to the tank and he suggested this road could be used as a property dividing line between the R -1 and A /C -5. He also felt there was a responsible way to place a few creative homes on the.property.. He felt that his planning goals were in line with the staff and intended to be very creative City Council Minutes March 21, 1978 Page 5 and responsible. He stated that San Luis Obispo was his home, that this property was his dream and he did not want to be denied, sometime in the future, to present his ideas for development of the property because of zoning. He stated that tentative plans for development included trails and gardens on this parcel of land. He stated that, to deny any use of the property except for one house and ten acres was unfair. He felt there were logical places to put homes on the property. He said-that his background was land use and architecture and he urged the City Council leave all the area as R -1 -S and that he would.bring in plans that would show how he could handle the property. Robert Wendt objected to having his property zoned A /C -5 which was now zoned R -1 and on which he was now planning to develop a home. He wished to know whose liability it would be if the house were destroyed and that his land was not conforming. He urged the City Council to leave the entire area R -1. He would not argue to adopt any "S" for some type of city control. Joe Arsenio, 2053 Hays Street, representing 21 neighbors,.stated that he and his neighbors supported the recommendation of the Planning Commission and the planning staff to rezone this area into R -1 -S and A /C -5, and further, his neighbors feared that any development or grading on the Stimson property would endanger their homes in time of rain, floods, etc. Ray Morton was opposed to the Planning Commission's recommendation. He would support R -1 -S but not any land to A /C -5. Clarence Toham was in support of the Stimson property development and felt that it should remain as R -1 as he purchased it as R -1 and not put any land in the A /C -5 or non -use category. Robert Alberti, 335 San Miguel Avenue, was opposed to the Planning Commission and staff recommendation, saw no need for the change, was in support of the ' Stimson request for R -1 zoning. June Tait, 177 Paso Robles Drive, appeared before the City Council, opposed to leaving the property as R -1 and wished it to remain or be placed in an agri- cultural zoning as she felt this was very steep property with many hazards. She stated there were access problems on Paso Robles Drive and there were currently two homes which used this access route which was very small. Addi- tional development in this area would create additional problems on the route. She stated there was a water system problem, drainage problem with about 1" water running off the side of the hill and there were landslides after heavy rains. Therefore, she felt the least acceptable zoning to her would be one acre minimum sites in the lower portion of the land. 10 -acres minimum in the upper portion of the land with strict controls. Ms. Stimson, 326 San Miguel, stated she was in support of the R -1 designation for the entire parcel and she felt that that was how the land was purchased for development by her father and she felt he would do a good job and she did not feel the people of San Luis Obispo had to get permission on how to use their property as long as it didn't endanger anyone. Robert Tait, 177 Paso Robles Drive, felt the hazards involved with his own property should show the council how sensitive this area was. He urged the council to beware of allowing any development on the steep slopes due to land- slides, drainage problems, etc. He felt the entire parcel should be zoned A/C at this time and then as development proposals were made, have them looked at very carefully to see that all the problems such as drainage, landslides, slope, etc. had been mitigated. Tom Maple felt that the city had plenty of development controls on slopes of 30% or more and he did not feel that anything could be built in San Luis Obispo on land over 30% slope. Vern Cockerell was in support of the Stimson plans to develop his property. He felt it was unfair to have this property purchased as R -1 and now have to zone A/C which meant that no development could really be made to the property. City Council Minutes March 21, 1978 Page 6 Shannon Horn, 87 Buena Vista Street, opposed further development due to the shortage of water in the area, sewer facilities and the terrible traffic congestion. He felt the entire area was substandard and that the city had some responsibility to try and update this area. He agreed with the Planning Commission's recommendation to zone the area A /C -5 but would rather have it A /C -10. Harry Phillips, Church Street, stated he was in support of Stimson's proposal, felt that Stimson was a very sensitive developer, very conscious of the environ- ment and felt the council should leave the area as R -1 or R -1 -S but give the property owner an opportunity to submit his plans for development. Vice -Mayor Petterson closed the public hearing. Vice -Mayor Petterson declared a recess at 9:35 p.m. The City Council reconvened at 9:50 p.m., Mayor Schwartz absent. Councilman Settle stated he agreed that the City Council should drop the Snetzinger property from consideration. He stated he also agreed with the fact that the subject property was very sensitive. He felt the entire Monterey Heights area was a problem due to lack of an adequate water system, poor fire flows, narrow streets and subject to landslides and poor drainage. He felt that he could support the recommendation of the Planning Commission to zone the area R -1 -S and A /C -5. Councilman Dunin stated he agreed to eliminate the Snetzinger property and the small parcel at the end of Buena Vista from A /C -5 to R -1 -S. He would move the boundary of the R -1 -S and A /C -5 to the extension of Paso Robles Drive. He would recognize no development over 30% slope due to landslide drainage.and the unstable soil conditions. He would support the entire area to be zoned R -1 -S. Councilman Jorgensen stated he would support the Planning Commission recommend- ation with deletion of the Snetzinger property. He felt that zoning should be applied to land use only and not individual owners or developers. He agreed that theirs was a very sensitive property and should be carefully considered prior to development. He was opposed to the extension of Paso Robles Drive as .a dividing line between the R -1 -S and the A/C zone. Councilman Petterson stated he could not support the Planning Commission's recommendation on this matter. He felt the city should drop the Snetzinger parcel. He felt the only way one could develop this problem-area was through the "S" designation which would require a full study of any development including the A.R.C., E.R.C., Planning Commission, etc., and even the possibility of an EIR might be required to litigate the problems of creating drainage, landslides, etc. On motion of Councilman Jorgensen, seconded by Councilman Settle, that the City Council accept the Planning Commission's recommendation for the R -1 -S and A /C -5 designation dropping the Snetzinger parcel from consideration. Motion lost on the following roll call vote: AYES: Councilmen Jorgensen and Settle NOES: Councilmen Dunin and Petterson ABSENT: Mayor Schwartz On motion of Councilman Dunin, seconded by Councilman Petterson, that the entire area be referred back to the Planning Commission for study with the recommendation that the entire parcel be zoned to R -1 -S including the Stimson and Wendt properties and eliminate the Snetzinger parcel. Motion carried on the following roll call vote: AYES: Councilmen Dunin, Settle and Petterson NOES: Councilman Jorgensen ABSENT: Mayor Schwartz City Council Minutes March 21, 1978 Page 7 Mayor Schwartz returned to the council table and took his place as presiding officer. 3. The City Council considered the revised recommendation of the Planning Commission for zoning of property at the northeast end of San Luis Drive (continued from the 3/7/78 council meeting). Terry Sanville, Associate Planner, reviewed the matter for the City Council, stating that at the last meeting, the council could not totally support the Planning Commission's recommendation and that the council had asked the planning staff to restudy the zoning of Mr. Madonna's property and to propose alternative zone boundaries. He felt there were four.major factors which would effect residential development on this property: (1) The city's gravity flow water system would serve up to, but not above the 320 ft. elevation. (2) Slopes on the eastern portion of the site were greater than 30% and in most cases exceeded 50 %. (3) The 100 -year flood plane included part of the site along San Luis Creek. (4) Freeway noise which exceeded city standards for housing effected most of the property (the 65 dba contour line included all area within 200 ft. of the center of the freeway). After considering the factors above, the planning staff was recommending that the area be zoned R -1 -S which excluded land where slopes exceeded 30 %, flood plane areas, and part of the site where noise exceeded 65 dba. The total would be 1.7 gross acres of R -1 -S. Part of the area would have to be used to provide access - either the extension of San Luis Drive or the construction of a private driveway. The R -1 area could handle about three homes. One or possibly two homes could be built in the A /C -40 acres (as nonconforming lots). ' The staff recommended that the council support the proposed ordinance, publish it in the newspaper and schedule a final hearing to consider its adoption. They recommended that the City Council initiate an amendment to the general plan to reflect the zoning decision. D.F. Romero, Associate Administrative Officer, stated that he did not agree with the very restrictive area recommended by the planning staff for development. He felt the area recommended was so small it had become unuseable. He felt that a perfectly acceptable six -lot development could be created if the area outlined on the attached sketch were set aside as R -1. Lots one and two would contain acceptable building sites, even though the rear yards included San Luis Creek channel and were subject to flooding. The next lot might or might not contain an adequate building site; could be dedicated to the city for park purposes, Lot three could contain a building site that was approximately 200 ft. from the center line of the freeway. Freeway noise could be mitigated within the building construction. Lots four and five would be standard lots with no unusual building problems. Mayor Schwartz declared the public hearing open. Tom Maple, planner representing the property owner, reviewed the area of the property including access, topography, slope, grade, etc. He felt that the staff recommendation was too limited and some very desirable land for development would be going to waste. He felt that a larger area should be zoned R -1 -S which was all below the 30% grade line. He also felt that the objection of the staff to the freeway noise was wrong and erroneous as had been proven by further study of the noise element of the general plan. He proposed that the City Council rezone all property below the 320 ft. elevation to R -1 -S and everything above that to A /C. He felt that the council and the Planning Commission would be protected with the "S" designation. City Council Minutes March 21, 1978 Page 8 Marge Dawson, San Luis Drive, questioned any development on this property as she felt it was a flood hazard area, also that there were low fire flows and poor utilities serving the area. It was also beyond the Fire Department's minimum response time, but she would not object to four or five homes being in the area at this time. Ila Harmon felt that the property owner would develop fine homes as he had proven over all his years in San Luis Obispo. Daryl Kruse, 2035 San Luis'Drive, stated he had no objection to the development of the subject property with a few nice homes but he would object to the extend- ing of San Luis Drive to 101 Freeway and making San Luis Drive an access way to the freeway. Mr. Schneider, 2038 San Luis Drive, was concerned over the effect development of this property would have on flooding on property downstream which had been a very serious one over the last three years. He would not object to five or six homes but he would object to 15 or more. Tom Maple, representing the property owners, stated that the property owner was not requesting any zoning change, stated he had owned this property for many years and it had been zoned R -1 since the early 50's and that this discussion had been initiated and caused by the planning staff and their rezoning alternatives. Theodore Dina, 2042 San Luis Drive, again spoke of the terrible flood hazard in this area and the high noise level from properties north of the creek and the freeway. He urged the City Council to be very careful in extending San Luis Drive or to any development in this area. Mayor Schwartz declared the public hearing closed. Councilman Settle stated that he was in support of the planning staff's recommend- ation and felt that this was another sensitive area for careful study prior to development. Councilman Dunin stated that he would support a proposal for development to R -1 -S of everything below 320 ft. elevation or the 30% slope. Councilman Petterson agreed with 320 ft. elevation or 30% slope with the "S" designation for city control. Councilman Jorgensen stated that he would support the staff's recommendation and felt that this was a sensitive area due to the flood problem, etc. He would zone the area to R -1 -S and the balance to A /C -40. Mayor Schwartz agreed that, due to the flooding problem and lack of water utilities services, he would accept the staff recommendation for R -1 -S and the A /C -40. On motion of Councilman Jorgensen, seconded by Councilman Settle, the following ordinance was introduced: Ordinance No. 747 (1978 Series), an ordinance of the City of San Luis Obispo amending the official zone map of the city (to rezone property north and east from the end of San Luis Drive, city- initiated rezoning). Introduced and passed to print on the following roll call vote: AYES: Councilmen Jorgensen, Settle and Mayor Schwartz NOES: Councilmen Dunin and Petterson ABSENT: None 4. Council consideration of the final passage of Ordinance No. 744 (19.78 Series), an ordinance of the City of San Luis Obispo amending the official zone map of the city to rezone property at 1801 Prefumo Canyon Road, city- initiated rezoning. Mayor Schwartz declared the public hearing open. City Council Minutes March 21, 1978 Page 9 No one came before the City Council for or against the ordinance. Mayor Schwartz declared the public hearing closed. On motion of Councilman Petterson, seconded by Councilman Jorgensen, the following ordinance was introduced for final passage: Ordinance No. 744 (1978 Series), an ordinance of the City of San Luis Obispo amending the official zone map of the city to'rezone property at 1801 Prefumo Canyon Road, city- initiated rezoning. Finally passed and adopted on the following roll call vote: AYES: Councilmen Petterson, Jorgensen, Dunin, Settle and Mayor Schwartz NOES: None ABSENT: None 5. Council consideration of the final passage of Ordinance No. 745, an ordinance amending the fire zone map. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the ordinance. Mayor Schwartz declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Jorgensen, the following ordinance was introduced for final passage: Ordinance No. 745 (1978 Series), an ordinance of the City of San Luis Obispo amending the fire zone map. Finally passed and adopted on the following roll call vote: IAYES: Councilmen Settle, Jorgensen, Petterson, Dunin and Mayor Schwartz NOES: None ABSENT: None 6. Consideration of a request from Councilmen Dunin and Settle asking that the City Council reconsider the South Street location as an alternate for the E.D.D. Development was continued to Wednesday, March 22, 1978. 7. Council consideration to increase the garbage rates requested by the San Luis Garbage Company. R. Muravez, Director of Finance, briefly reviewed a report of the request by the garbage company for a rate increase dated August 31, 1977. He stated that the garbage company and the city retained Gerald Peasley, CPA, to undertake the analysis, with assistance from the finance staff. R. Muravez continued that the instructions to the consultant were to test the accounts of the garbage company for accuracy and reasonableness and to analyze the requested rate increase against the actual and projected expenses. To reduce the cost of the study, his conclusions were to be summarized in letter form and supported by working papers only. R. Muravez stated that the city was now in receipt of this report and after review of its conclusions and data, he stated that he was in agreement with the proposed action. After adjustment of expenses, the current rates would not produce an adequate rate of return to the garbage company on the required invest- ment. However, under the study, the rates proposed by the garbage company resulted in excess projected earnings. As an alternate, Mr. Peasley suggested that service rates be increased by 20% across the board for all services. Mr. Muravez sub- mitted for council.consideration, legislative draft resolution which detailed the increase for each service under this recommendation. In regard to curb -side service, no attempt was made to assess its economic or aesthetic impact. The only conclusion that could be made in advance of a lengthy study was, yes it would have an impact. The cost savings at this time were indeterminate and the aesthetics were totally subjective. City Council Minutes March 21, 1978 Page 10 He then reviewed documents submitted by Gerald Peasley whose recommendation was that a straight across the board 20% for all services, which would increase the one -can residential rate from $3.00 to $3.60. Mayor Schwartz declared the public hearing open. Russ Johnson, San Luis Obispo, questioned the revenues from garbage franchises over the past three years. He felt the city was not getting its monies worth from its franchise. Ila Harmon, San Luis Obispo, stated that she was opposed to a garbage rate increase. She felt it was unfair to most citizens in the city. She felt it was too soon for rate increase after renewal of the last contract. LaVerne Schneider, San Luis Obispo, questioned the amount of money being received by the garbage company through its contract with the city. She felt that the garbage company had made too much profit on the city compulsory garbage contract. She felt that the company did not need the increased rates as they had been receiving tremendous amounts of money through cooperation with SORT and ECOSLO. Charles Cattaneo, President - San Luis Garbage Company, revealed the reasons for the company's need for additional revenue to continue to give good service to the citizens of San Luis Obispo. Russ Johnson again spoke, stating that he had no objection to the company making a profit, but he hoped that the city could work with the garbage company to update and modernize their equipment in order to save costs in the future in personnel etc. On motion of Councilman Jorgensen, seconded by Councilman Petterson, the City Council set a public hearing for April 4, 1978, on the proposed garbage rate collection increase. Motion carried, all ayes. ' 8. The city Council again considered the report of the city clerk on bids received for the SINSHEIMER POOL COMPLEX, SINSHEIMER PARK, SAN LUIS OBISPO. Bids were opened on Wednesday, February 23, 1978, at 2:00 p.m. Estimates: Base Bid - $822,530.00 and Alternate - $680,818.00. J.W. Bailey Construction Company $993,921.00 Base Bid P.O. Box 506 91,280.00 Alternate No. 1 Santa Barbara, CA. 93102 Bunnell Construction $1,015,000.00 Base Bid 101 Suburban Road 63,000.00 Alternate No. 1 San Luis Obispo, CA. 93401 Don Greene Contractor $1,054,000.00 Base Bid P.O. Box 4277 73,000.00 Alternate No. 1 Santa Barbara, CA. 93103 R. Burke Corportation $1,290,000.00 Base Bid P.O. Box 957 103,000.00 Alternate No. 1 San Luis Obispo, CA. 93401 Richard Miller, Administrative Officer, stated that when the bids for the swimming pool were first opened in February, it seemed that the city would be $328,000.00 over budget. It now appeared that the city was able to present the council with a modified project totaling $891,077.00 which would only be $181,000.00 over budget. He stated that the total bid was reduced by $1129779.00 by deletion of certain items. Also, the contingency item was reduced based on the lower contract figure and the inspection percentage was cut in half for a reduction of $15,000.00. Therefore, the total cost of the swimming pool would be $891,077.00 less the budget of $695,000.00 with an overage of $196,077.00. He, therefore, recommended that the City Council proceed and grant.the contract to the Bailey Construction Company in the revised bid amount of $789,862.00. City Council Minutes March 21, 1978 Page 11 Jim Stockton, Director of Parks and Recreation, reviewed with the City Council the items which had been removed from the contract in cooperation with the contractor. The architect also reviewed items taken out of the contract to reduce costs in order to encourage the council to proceed with the construction. Jan Goodrich, representing the San Luis Obispo Swim Club, urged the City Council to accept the adjusted bid and authorize execution of.:the contract with Bailey. She felt the bids would never be cheaper and if the council really wished the swimming pool, now would be the time. David Goodrich, also representing the Swim Club, stated that he was very interested in the scheduling of the swimming at the new facility, but felt that the recreational swimming should have preference in all scheduling. He also hoped that the City Council would accept the recommendation and proceed with the amended contract. Larry Meek, Joint Advisory Committee on use of Sinsheimer Park, supported the construction of the pool. Harry Henderson, Joint Committee for the operation of the park, supported the construction of the pool at Sinsheimer which would be the last item to complete the approved master plan. Jack Gates, Laurel Lane, stated that he was supportive of the pool construction. Walter Cheseburough stated he too was supportive of the pool construction and urged the council to proceed. Rod Levin, architect, stated he was in support of the pool construction and felt it would never be cheaper and that council was working with an excellent contractor. Sylvia Drucker, Cavalier Lane - Laguna Lake, stated she was in support of the ' pool construction and hoped that the city bus would be made available to take people to the pool from other areas of the community. Roger Lyon in support of the pool, urged the council to proceed. Jerry Hague stated he was in support of the swimming pool construction and felt it would never be any cheaper and urged the council to proceed. Joann Fenton was in support of the pool construction and emphasized the need for the pool. She-also felt that the pool would never be cheaper and urged the council.to build now. Councilman Petterson stated that this was no easy decision for him. He felt this was a very expensive item for one type use in the city in light of other major demands on city funds, but he would support letting the contract and proceed. Councilman Jorgensen stated he agreed with Councilman Petterson and would support letting a contract on the pool. Councilman Settle stated that this was a very difficult decision. It was very expensive and wondered whether the city needed such a large pool at this time. But as he understood, if the city did not build the olympic size pool, the city would lose state funds, therefore, he would support the pool on that basis. ' Councilman Dunin stated he too would support the pool construction, but felt it was not a very high priority as he felt there were some other very major items to protect the health, safety and welfare of the citizens, but that under the conditions presented, he would support the construction of the pool. "if he could be assured that the general public would have access to the pool as opposed to full utilization•by.local swim clubs and.competitive swimming groups. Mayor Schwartz stated that the pool was very expensive and felt that it was not a very high priority item in the other needs of the city which included drainage, flood control, etc., but he would support the construction of the pool at this time in order to proceed as was promised. City Council Minutes March 21, 1978 Page 12 On motion of Councilman Jorgensen, seconded by Councilman Dunin, that the City Council accept the low bid of J.W. Bailey Construction Company and authorize the Mayor to sign the contract on behalf of the city. Motion carried, all ayes, no noes, none absent. On motion of Councilman Dunin, seconded by Councilman Jorgensen, the .following resolution was introduced: Resolution No. 3526 (1978 Series), a resolution of the Council of the City of San Luis Obispo increasing the capital improvement fund appropriation for 1977/78 fiscal year, SINSHEIMER POOL COMPLEX, by $181,000.00. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None Due to the lateness of the hour, items 9, 10, 11, 12 & 13 were continued to a noon Adjourned Council Meeting, Wednesday, March 22, 1978. At this time the City Council considered the Consent Items. CONSENT ITEMS C -1 On motion of Councilman Dunin, seconded by Councilman Petterson, claims against the city for the month of March, 1978 were approved subject to the approval of the Administrative Officer. Motion carried. C -2 On motion of Councilman Dunin, seconded by Councilman Petterson, the minutes of the following January 31, Council meetings were approved as presented: 1978 February 14, 1978 - 12:10 p.m. February 6, 1978 February 14, 1978 - 7:30 p.m. February 7, 1978 Motion carried. C -3 On motion of Councilman Dunin, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3527 (1978 Series),a resolution of the Council of the City of San Luis Obispo approving the agreement between the City and A.J..& C.L. Buffa, T.M. & V.L. Copeland, and M.W. & C.C. Deasy for construction of a water line for Tract 609. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Petterson, Jorgensen, Settle and Mayor Schwartz NOES: None ABSENT: None C -4 On motion of Councilman Dunin, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3528 (1978 Series), a resolution of the City Council of San Luis Obispo granting approval of Tentative Map for Tract No. 710, located at 750 Chorro Street. , Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Petterson, Jorgensen, Settle and Mayor Schwartz NOES: None ABSENT: None 1 1 1 City Council Minutes March 21, 1978 Page 13 C -5 On motion of Councilman Dunin, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3529 (1978 Series), a resolution of the Council of the City of San Luis Obispo designating responsibility for small claims actions to collect monies due the city. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Petterson, Jorgensen, Settle and Mayor Schwartz NOES: None ABSENT: None C -6 On motion of Councilman Dunin, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3530 (1978 Series), a resolution of the Council of the City of San Luis Obispo amending the land use element of the general plan. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Petterson, Jorgensen, Settle and Mayor Schwartz NOES: None ABSENT: None C -7 On motion of Councilman Dunin, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3531 (1978 Series), a resolution of the Council of the City of San Luis Obispo increasing the parks and recreation fund appropriations for the 1977/78 fiscal year for athletic league expense. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Petterson, Settle, Jorgensen and Mayor Schwartz NOES: None C -8 On motion of Councilman Dunin, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3532 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving the Final Map of Tract No. 639, and authorizing execution of the Subdivision Agreement, located at 1605 to 1685 Pereira Drive. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Petterson, Jorgensen, Settle and Mayor Schwartz NOES: None ABSENT: None C -9 On motion of Councilman Dunin, seconded by Councilman Petterson, the communication from Henry D. Alberts, 1248 Madonna Road, requesting council to amend the City Charter or the Municipal Code requiring enforcement of the Anti -Noise Ordinance in the city was referred to the city staff for analysis. Motion carried. C -10 On motion of Councilman Dunin, seconded by Councilman Petterson, the recommendation from the B.I.A. Board of Directors recommending changes of parking meter time limits and leased parking in downtown San Luis Obispo was referred to the city staff for report. Motion carried. City Council Minutes March 21, 1978 Page 14 C -11 On motion of Councilman Dunin, seconded by Councilman Petterson, the request from LAFCO for statement of City of San Luis Obispo be included within the Arroyo Grande Resource Conservation District was referred to the city staff for soliciting comments from Zone 9 and to invite a representative of the Conservation District to appear before the council to explain their program. Motion carried. C -12 On motion of Councilman Dunin, seconded by Councilman Petterson, that ' the petition from 23 residents of the Johnson Avenue /Rose Street area requesting that the City Council enlarge the storm drain running under Johnson Avenue and through Tract No. 106 was referred to staff for report back to the council. Motion carried. C -13 On motion of Councilman Dunin, seconded by Councilman Petterson, communica- tion from Irving W. Petersen, on behalf of his client Mann Theatres, to reconsider one of the conditions of Resolution No. 3509, requiring the installation of a 10" water line in.Osos Street from Marsh to Monterey Streets was referred to the City Attorney for analysis and report. Motion carried. C -14 On motion of Councilman Dunin, seconded by Councilman Petterson, the claim against the city by Mr. & Mrs. E.L. Baker, 1254 Joyce Crt., in the amount of $1,439.82 for alleged damage to their property when storm drains across the street became plugged due to heavy flood waters on December 27, 1977, was denied and referred to the insurance carrier. Motion carried. C -15 Claim against the city by J.G. & G.D. Dovey, 3170 Flora Street, for an undetermined amount due to flooding of their property on February 8, 1978, was denied and referred to the insurance carrier on motion of Councilman Dunin seconded by Councilman Petterson. Motion carried, all ayes. C -16 Claim against the city by John C. James, 648 Mitchell Drive, in the amount of $239.40 for damages to his car when he ran into a 1" pipe protruding 25" above the ground level between gutter and street pavement at 1425 Phillips Lane was denied and referred to the insurance carrier on motion of Councilman Dunin, seconded by Councilman Petterson. Motion carried. C -17 Claim against the city by KZOZ Radio, 341 Higuera Street, in the amount of $985.00 for alleged damages to their property on January 15, 1978, caused by heavy rains and flooding was denied and referred to the insurance carrier on motion of Councilman Dunin, seconded by Councilman Petterson. C -18 Claim against the city by James B. McKay, 100 Henderson Street, in the amount of $125.00 to replace two tires damaged when vandals slashed 21 other tires belonging to police vehicles at the Police Department parking lot was denied and referred to the insurance carrier on motion of Councilman Dunin, and seconded by Councilman Petterson. Motion carried, all ayes. C -19 Project schedules for the months of January and February, 1978, were ordered received and filed on motion of Councilman Dunin, seconded by Councilman Petterson. Motion carried, all ayes. . There being no further business to come before the Council, Mayor Schwartz adjourned the meeting at 12:30 a.m., March 22, 1978 to 12:10 p.m., March 22, 1978. 1 APPROVED: May 16, 1978 J. W.'Fitzpatrick, City Clerk