HomeMy WebLinkAbout04/04/1978City Council Minutes
April 4, 1978
Page 2
B. Request from J. Arsenio, Chairman of the Ad Hoc Committee studying
occupancy limits in the.various zones, that the City Council not take.any
action on Item 9, which was an amendment to the zoning ordinance dealing
with.dwelling unit occupancy limits, until the ad hoc committee had an
opportunity to submit their report to the City Council.
On motion of Councilman Jorgensen, seconded by Councilman Settle, the matter
was continued to a Special.Meeting to be on-Thursday, May 4, 1978; at 7:00
p.m. Motion carried, all ayes. Councilman Petterson.abstained due to possible
conflict of interest.
1. At this time the City Council held a public hearing on Resolution No.
3520 (1978 Series), a resolution of intention to grant cable television-fran-
chise.
Allen_Grimes, City Attorney, reviewed the-provisions of the ordinance which
would grant :a franchise for.cable television service.-to Sonic Cable Television
for.a:period of fifteen years... 1
Mayor Schwartz declared the.public hearing open.
Chris Cohan, President - Sonic Cable T.V.., appeared before.the City Council in
support of the franchise and stated he was available to answer any questions
that the City Council might have.:..
Mayor Schwartz declared the public hearing closed.
Section 15 of the ordinance, establishing conditions for the franchise, the
matter was brought up on the liability limits to protect the city; which at
the present time are $100,000 for personal injury or death to one person and
$300,000 for personal injury or death to two or more persons in one occur-
rence and $50,000 for damage to property. It was the council's feeling these
limits should be increased to a million dollars.
Representatives from Sonic T.V. stated that these were the.present limits and
they had no objections to increasing the requirement in the ordinance.
On motion of Councilman Jorgensen, seconded by Councilman:Settle, the following
ordinance was introduced to print: Ordinance No. 749 (1978 Series), an
ordinance of the City of San Luis Obispo granting a franchise for .cable tele-
vision service within the city to Sonic Cable T.V. for a period of fifteen
years.
Introduced and passed to print on the following roll call vote:
AYES: Councilmen Jorgensen, Settle, Petterson, Dunin and Mayor Schwartz
NOES: None
ABSENT: None
The City Attorney was directed, on motion of-Mayor Schwartz, seconded by
Councilman Settle, to prepare an ordinance to amend Section 15 of Ordinance
No. 244 to increase the insurance coverage to one million dollars. Motion
carried.
2. At this time the City Council held a public hearing on the appeal of
Gilbert Mesa dba "The Crest ", 179 N. Santa Rosa Street, from conditions No.
1 $ 2 imposed by the Planning Commission on Use Permit No. 1178 -78, an
addition to the existing building.
Councilman Petterson left the meeting due to a possible conflict of interest.
Dan Smith, Senior Planner, reviewed for the City Council the action of the
Planning Commission and the staff recommendation on the appeal of Gilbert Mesa.
He stated that there were no frontage improvements along the Boysen Avenue
frontage of the applicant's property, but there was a remnant piece of city
right -of -way and a curb radius which were dedicated and improved in contempla-
tion of a frontage road before Highway 1 was improved. The frontage road was
not needed and would never be constructed. The excess right -of -way, it was
thought, could seemingly be used to some advantage by the applicant for parking.
Standard frontage improvements along the functional portion of Boysen Avenue would
City Council Minutes
April 4, 1978
Page 3
bring the property up to standard and provide a driveway approach to the
restaurant while eliminating unneeded curb radius and unused asphalt.
Staff recommended that the applicant remove the curb radius improvements and
provide frontage improvements (curb, gutter and sidewalk) along the functional
part of the Boysen Avenue right -of -way. To complete the Boysen Avenue
improvements to Santa Rosa Street it would be necessary for the applicant to
dedicate a.small triangular portion of the restaurant property at the corner
of Boysen and Santa Rosa for street right -of -way. The.improvement of the
Boysen Avenue frontage would require the applicant to modify the adjacent
driveway of University Square Shopping Center to align with the new curb. It
would also require the applicant to relocate a small utility pole. The
overall improvements would, however, correct an existing deficiency, improve
the appearance of the area and formulize traffic movements to and from the
restaurant parking lot.
The city staff recommended that the City Council deny the appeal and approve
the use permit subject to conditions imposed by the.Planning Commission.
Mayor Schwartz declared the public hearing open.
Mr. Maurice Camargo, representing the owner - Gilbert Mesa, stated that the
appeal was on condition No. 1 which stated "Applicant shall dedicate suffi-
cient property at the corner of Santa Rosa Street and Boysen Avenue to .
accommodate a city standard corner radius to the approval of the city engineer."
Mr. Camargo stated that Gilbert-Mesa who operates the Crest Pizza Restaurant
is leasing the ground, has no proprietary jurisdiction of the land. He was
unable to dedicate the piece of property which would accommodate a.city
standard corner radius at the corner of Santa Rosa and Boysen Avenue.
On condition No. 2 "Applicant shall revise and /or install curb, gutter,
driveway ramps and sidewalk in Boysen Avenue right -of -way across entire
frontage, exact location and extent of required improvements shall be to the
approval of the city engineer. City shall issue an encroachment permit to
allow site development within the public right -of- way."
Mr. Mesa's grounds for the appeal on No. 2 were as follows:
It was Mr. Mesa's intention to mitigate as many deficiencies of the existing
use of the building as his pizza business could afford at this time, which
would include:
a) Bringing the building up to current building code requirements.
b) Provide adequate handicapped facilities on the premises.
c) Eliminate the nonusable drive -in features of the building.
e) To-provide adequate landscaping.
f) To remove all existing nonconforming signs from the site.
g) To add an 800 sq. ft. banquet room for group gatherings.
With the cost of the above - mentioned improvements, the off -site city
improvements recommended by the city staff were economically unfeasible for
the restaurant operator.
He felt that the off -site improvements imposed by this condition demonstrate
considerable cost and hardship which included:
a) The removal of existing city improvements abutting University Square
Shopping Center.
b) In the Boysen Avenue right -of -way across entire frontage, installing curb,
gutter, sidewalk and driveway ramps for the leased property as well as for
the adjacent shopping center parking lot.
c) Relocate PG&E pole and transformer.
d) Relocate city light standard.
e) Relocate water meter underground box.
f) Removal of a large beautiful palm tree.
1
1
City Council Minutes
April 4, 1978
Page 4
Mayor Schwartz declared the public hearing closed.
The City Council then discussed the various conditions of the appeal of Mr.
Mesa.
Councilman Jorgensen recognized that the conditions established were an
economic hardship on the leasee, but he felt the conditions of the planning
staff were a compromise and felt that the leasee would get some return on
1 the expenditures and expansion of the restaurant.
Councilman Settle agreed with the comments of Councilman Jorgensen and felt
that the city needed the remodeling and felt the planning staff's conditions
were a compromise of what could have been required.
Councilman Dunin felt the city requirements were too many to be imposed by the
city oh .a small business operator for developing a small addition to a restaurant.
He was opposed to all the conditions.
Mayor Schwartz felt the conditions of the planning staff were a compromise. He
felt the city should get some improvements for increasing useable space. He
would deny the appeal. He would also support either improving of Boysen Avenue
with the improvements or improving Santa Rosa Street as was originally required.
On motion of Councilman .Jorgensen, seconded by Councilman Settle, that the City
Council deny the appeal and uphold the Planning Commission and request that the
city staff prepare a resolution to be brought back at the next Council Meeting
for the City Council's action. Motion carried with Councilman Dunin voting no
and Councilman Petterson absent.
3. At this time the City Council held a public hearing on the adoption of
the 1978 -79 Capital Improvement Program.
Richard D. Miller, Administrative Officer, again reviewed for the City Council
the 1978 -79 Capital Improvement Program as approved by the City Council in the
past s.everal study sessions.
Councilman Jorgensen asked if the Administrative Officer had come up with
any report on how the 1/3 purchase of the golf course had been worked out.
Richard D. Miller stated that at this time he had no information for the
council on this matter on how to acquire 1/3 of the golf course as Mr. Grimes
had not received a response from the owners.
The Administrative Officer brought to the council's attention the fact that
the Mack Truck.Company had a 75 ft. aerial ladder truck at-their factory that
had not yet been sold. He stated that this truck was available for immediate
delivery. He further stated that this truck would cost approximately $180,000
at this time and could be lease /purchased with a 200 down payment. He stated
that the city had accumulated some money in this account and this could pay for
the down payment. He stated if the council were to consider this at this time,
they would have to develop specifications and call for formal bids in order to
comply with the city charter. However, the representative of the Mack Truck
Corporation of Salt Lake City had promised to hold the truck for the city until
they could go through the bidding procedure and then buy the Mack Truck or go
through a lease /purchase agreement for a five -year period, less any payments
and would include interest at the prime rate calculated as of the time of
delivery. Richard D. Miller felt that this proposal deserved the emergency
attention of the City Council and he recommended that the chief be authorized
to call for bids. He felt there would be a savings if the truck could be
purchased at this time as Mack Truck Company had one available at the old price.
Mayor Schwartz then reviewed for the public, the breakdown of the entire 1978 -79
C.I.P. Priority List in the general expenditures, the recurring expenditures,
street deficiencies, and utility deficiencies.
Mayor Schwartz declared the public hearing open.
City Council Minutes
April 4, 1978
Page 5
Russ Johnson stated he was opposed to further expenditures for median islands
or planting strips on Broad Street from Orcutt to .South Streets and he hoped
they were not in the current C.I.P.
Vic Montgomery asked if the city was attempting to improve the signal mast in
the downtown area as he felt that the present ones were very ugly and distract
from downtown beauty.
Mayor Schwartz declared the public hearing closed.
Councilman Petterson stated that lie would support the C.I.P. as presented and
prepared in public study session by the council.
Councilman Jorgensen agreed that he too could support the C.I.P. as he stated
that the council had reviewed these things in detail. He also felt that the
city should move ahead with the purchase of the aerial ladder truck.
Councilman Settle stated he agreed with Councilman Jorgensen.
Councilman Dunin stated he would support the C.I.P. as developed in council
study sessions and he would include the purchase of the ladder truck.
Mayor Schwartz stated that he would support the C.I.P. as submitted and as
prepared by the City Council in study session which included.the bid for the
new fire truck.
On motion of Councilman Jorgensen, seconded by Councilman Settle, that the
staff prepare the necessary resolution for adoption of the C.I.P. at the next
Council Meeting. Staff authorized to call for bids on purchase or lease
purchase of fire truck. Motion carried, all ayes.
4. At this time the City Council held a hearing on the appeal of the County
of San Luis Obispo from conditions imposed by the Planning Commission on a use
permit for use of property at 3390 Southwood Drive in the City of San .Luis
Obispo for continued use by the County's Social Services Office, Permit
No. U 0321 -A.
Dan Smith, Senior Planner, reviewed for the City Council the conditions of the
use permit approved for the County Social Services Office at 33390 Southwood
Drive by the City Planning Commission:
I. Use permit shall expire in five years (January 31, 1983).
2. The applicant shall install a solid fence along the westerly property
line next to the parking lot to the approval of the community development
director. (This condition was imposed by the Planning Commission in 1974
with the intention to screen the parking lot from the adjacent residential
developments to the west).
3. The applicant shall repair existing parking lot paving, redesign the layout,
provide two handicapped spaces, restripe and install wheel stops all to the
approval of the community development director. (This condition was required
because the parking lot was in disrepair and would benefit by filling
existing holes and a seal coat. The lot needs restriping to clearly define
parking spaces on the pavement. Handicapped spaces are a requirement of the
building code and should be provided and wheel stops for parking spaces
adjacent to fencing are part of a city standard for parking lots).
4. The applicant shall submit a drainage plan to correct on -site drainage
problems to the city engineer's approval.
5. The applicant shall repair the building roof to satisfaction of the
chief building official.
6. All conditions shall be complied with within six months. Failure to
meet conditions within specified time would institute a review of the
use permit.
Councilman Jorgensen asked was it not a fact that the County of San Luis
Obispo did not have to comply with any city rules or regulations unless they
wished to.
City Council Minutes
April 4, 1978
Page 6
Allen Grimes, City Attorney, stated that was correct. No superior government
had to comply with regulations of a lower level of government.
Councilman Dunin stated that he did not feel that it was a good idea for the
City of San Luis Obispo to require a large expenditure of tax money to make
temporary improvements on a county rented property.
Mayor Schwartz declared the public hearing open.
George Rosenberger, Director of Facility Services for the County of San Luis
Obispo, appeared before the City Council on behalf of the County of San Luis
Obispo's appeal and stated that the conditions existing on the site at 3390
Southwood Drive were the same conditions that existed when the City Council
originally approved the use of this building for county offices. On behalf
of the County Board of Supervisors that the City Council be requested to require
less stringent conditions and a more reasonable time frame for which to comply.
He offered the following in response to the conditions established by the
city staff and Planning Commission:
1. The county concurs with the five -year use period. The statement "use by .
Social Services Offices only" appears restrictive as the county feels that
other county office uses would not differ from that of Social Services.
The county would request removal of this condition.
2. The installation of a solid fence along the parking lot (260 lineal feet)
would be a costly condition ranging from $3,000- $6,000). It is understood
that this condition is required due to vehicle headlights shining in
adjacent residential area. The county is unaware of any complaints over
the past 6 1/2 years and furthermore does not utilize the parking lot in
the evening hours. The county would request removal of this condition.
3: The county anticipates repair of the existing parking lot contingent upon
the 1978 -79 budget funding and would concur with this condition.
4. The owner of the facility, Mr. Chung Cho, has consented to submitting a
drainage plan to correct on -site drainage problems, therefore, the county
would concur with that condition.
5. A new roof and additional roof drains have been installed at the facility.
The condition is therefore unnecessary and should be removed.
6. A six - month compliance period is unreasonable due to the county's budget
process. A formal bid process and documents would be required for the
parking lot repairs. The county would request at least a one -year period
for compliance.
George Rosenberger concluded by saying that the County of San Luis Obispo
felt it had been a good neighbor in the Southwood area and would ask that the
City Council favor the consideration of the requested amendments.
Mayor Schwartz declared the public hearing closed.
C=cilman Settle stated that he felt the Planning Commission and planning
staff's conditions were too restrictive and agreed with George Rosenberger's
presentation which seemed to be more realistic and more reasonable and he would
so support.
Councilman Dunin agreed and had nothing to add.
Councilman Petterson agreed with Councilman Settle and hoped that the county
would take care of any problem such as lights, etc., and hoped that an
agreement with the property owner on drainage easements etc., could be worked
out and should not be a condition of the permit.
City_Council Minutes
April 4, 1978
Page 7
Councilman Jorgensen disagreed with the other councilmen on their feelings for
the conditions of the county's use permit. He felt that everyone should
comply with the city rules; city, county, state, schools, etc. If they do not
comply that's fine, but at least the requirements are on record. He also felt
that the solid fence was a requirement in 1971 and 1974 use permits and was
still valid in 1978.
Mayor Schwartz felt that the conditions of the use permit were reasonable and
are conditions that would be required by this city on private property owners.
But he also felt that the compromise submitted by the county was welcomed and
that it could be worked out with the City Council. He suggested that the
conditions of the use permit be amended as follows:
1. Use for county offices purposes only; daytime use.
2. No solid fence required if daytime use only.
3. Agree with county proposal.
4. Agree with county proposal.
5. Strike this requirement.
6. Agree with the county's request.
On motion of Mayor Schwartz, seconded by Councilman Dunin, have the staff
prepare a resolution showing the changes in the planning conditions as suggested
by Mayor Schwartz. Motion carried, 5 -0 with the staff to bring back a proper
resolution for council consideration.
9:00 p.m., Mayor Schwartz declared a recess.
9:15 p.m., the meeting reconvened with all councilmen present.
5. At this time the City Council held a public hearing on the report and
recommendations of the Planning Commission on the following items:
AREA 1 - The property bordered by Highway 101, Chorro Street, Broad Street and
Stenner Street; property owner - Baring Farmer, to remain PO (Prof-
essional Office). The Planning Commission recommended that the
zoning be retained and that the general plan be amended to show office
use and the property owner be encouraged to submit a planned develop-
ment application.
Terry Sanville, on behalf of the planning staff, stated that they disagreed
with the recommendation of the Planning Commission and recommended that the
property be rezoned to R -1 -S, consistent with the general plan.
Mayor Schwartz declared the public hearing open.
R. Strong, Planning Consultant representing Dr. Baring Farmer - property owner,
supported the Planning Commission's recommendation to leave the property zoned
PO and not accept the planning staff's recommendation to rezone the property to
R -1.
Mayor Schwartz declared the public hearing closed.
Councilman Settle stated he supported the Planning Commission's recommendation 1
to leave the property zoned P0.
Councilman Dunin stated he too supported the Planning Commission's recommendation
to leave the property zoned P0.
Councilman Petterson stated that he supported the Planning Commission to leave
the property zoned P0.
City Council Minutes
April 4, 1978
Page 8
Councilman Jorgensen stated that this was a difficult property but that he
could support the PO zoning as recommended by the Planning Commission. He felt
that Stenner Creek was a logical boundary between PO use and the R -1 uses. He
recommended the zone be made to PO -S.
Mayor Schwartz disagreed with the Planning Commission's recommendation as he
felt that the general plan policy was proper and correct and it should be zoned
to R -1 uses. He felt traffic circulation was the main disagreement with the
1 Planning Commission's recommendation. He felt that Chorro Street traffic was
detrii�ental and felt that PO would be detrimental to the use of this property.
Councilman Jorgensen moved that the City Council initiate a general plan
amendment that this property be zoned to PO -S. Motion lost for lack of a
second.
On motion of Councilman Settle, seconded by Councilman Dunin, that the City
Council accept the Planning Commission's recommendation and initiate a general
plan amendment to P0. Motion carried 4 -1 with Mayor Schwartz voting no.
AREA 2 - Property located generally south of Hill Street west of Highway
101 and north of Marsh /Higuera interchange to rezone from R -1 to
R -1 -S.
Terry Sanville, Planning Associate, stated that the Planning Commission in
considering the French property near Hill Street agreed that the 320 ft.
elevation would be the boundary line between the R -1 -S uses and the A /C -20
uses. Therefore, the Planning Commission recommended that the zoning of the
area above a 320 ft. elevation be A /C -20 and the area below that R -1 -S for
the French property.
Mayor Schwartz declared the public hearing open.
Tom Maple, representing the property owner, stated that they agreed with the
recommendation to the R -1 -S as proposed by the Planning Commission.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Settle, seconded by Councilman Jorgensen, the
following ordinance was introduced to print: Ordinance No. 750 (1978 Series),
an ordinance of the City of San Luis Obispo amending the official zone map
of the city (to rezone property southwest of Hill Street).
Introduced and passed to print on the following roll call vote:
AYES: Councilmen Settle, Jorgensen, Petterson, Dunin and Mayor Schwartz
NOES: None
ABSENT: None
AREA 3 _ Property located west of Highway 101 to the westerly city limits,
north of the Marsh Street /Higuera Street interchange and south of
the French property rezoned R -1 -S.
Terry Sanville stated that the Planning Commission recommended that no change
be considered by the City Council at this time as they felt they needed addition-
al in depth studies and consideration by the Planning Commission.
' Mayor Schwartzdeclared the public hearing open.
Mike Maino, representing the property owners, objected to the recommendations
of the Planning Commission and planning staff as the effect of their recommend-
ation its reduced the value of the land to the property owners. He felt
that the Planning Commission's request to continue their study was unfair as they
had a long time to handle this property since the general plan studies had been
underway a long period of time. He reminded the City Council that this property
was presently under consideration by the county for purchase and the fact that
the City Council had not or would not make a decision was affecting the possible
purchase price. He urged the council to make a decision to some zone so that
they could proceed.
City Council Minutes
April 4, 1978
Page 9
Mayor Schwartz declared the public hearing closed.
Councilman P.etterson felt that there should be no more delays or further
studies or consideration. He felt this property had been studied in depth
but that the property should be zoned as shown in the adopted general plan.
Councilman Jorgensen agreed that the council should zone the property as shown
on the general plan to A /C -20 and that the effect of the possible purchase
by the county government should not affect any zoning action of the city.
Councilman Settle also felt that the City Council should zone the property to
the.designation shown on the general plan.
Councilman Dunin agreed with Councilman Petterson that the property should be
zoned to the designation shown on the general plan which was A /C.
Mayor Schwartz agreed with the other councilmen stating that it should be
zoned to A/C as shown on the adopted general plan.
Councilman Jorgensen moved that the staff be requested to prepare an ordinance
to A /C -20 as shown on the adopted general.plan.
Allen Grimes, City Attorney, asked the council to be very careful of taking
precipitous action that would increase or decrease the land value of the land
under consideration as the city might face a suit for inverse condemnation
depending upon what effect the zoning, finally determined, was made.
Mayor Schwartz felt the city had been working on a general plan for over four
years and he felt that in this period of time, careful study and consideration
had been given to all properties and he felt that no court would show that this
action had been taken to reduce values for another government agency.
Councilman Jorgensen withdrew his motion.
Councilman Jorgensen, seconded by Councilman Settle moved that the matter be
tabled until the attorney has had an opportunity to research the implications
of the council's action. Motion carried, all ayes.
6. At this time the City Council held a public hearing-on the recommendation
of the.Administrative Officer to increase all the garbage collection rates
by 20% effective May 1, 1978.
R. Muravez, Director of Finance, briefed the lengthy reports and analysis of
the San Luis Garbage Company's operation prepared by the consultant, M.R. Peasley,
which supported the recommended 20% rate increase by the Administrative Officer.
Mayor Schwartz declared the public hearing open.
LaVerne Schneider submitted a lengthy report supporting her contention that
the city should not increase garbage refuse collection rates to the people of
San Luis Obispo by 20% which she felt was exorbitant and unnecessary. She
also felt that the profit to the two owners of the company were way out of line
in relation to their total operation. She concluded by saying that the City
Council should leave the refuse garbage collection rates at the present time
until more information was received on how much the state's solid waste will .
grant to the County of San Luis Obispo to continue SORT or how much of SB 650
would be granted to the litter control in the City and County of San Luis Obispo.
She stated at this time possibly a loo increase to keep up with inflation would
be more than satisfactory.
Russ Johnson again questioned the amount of 1 1/2% paid to the city for billing
of the garbage refuse rates for the company. He felt that the garbage company
should modernize their methods of collecting and if this were done, they could
reduce the rates within a more reasonable area of increase.
1
1
1
City Council Minutes
April 4, 1978
Page 10
Charles Cattaneo, President - San Luis Garbage Company, stated that the report
prepared by Peasley was accurate and unbiased by an outside C.P.A. Consultant.
He felt the council should stick to their consultant's recommendation.. He
felt that Mrs. Schneider had a great number of figures which were misleading
as they did not tie into any official documents since she had just picked up
some figures here and there without any real in depth, study. He did not feel
that she was competent to make an analysis of collection rates and business profits.
He felt that the study by Peasley was done and could be justified.
' Mrs. Billig felt that an overall 20% increase in collection might be correct
as far as was concerned, a C.P.A. but she felt the council should be aware that
many people could afford no more increases in their various rates. She also
questioned that the city gave a contract or franchise to the San Luis Obispo
Garbage. Company without allowing anyone who wished to haul garbage to do so in
the city without getting involved in collection rates for garbage collection. She
felt that the competition would keep rates down between companies.
Terry Conners, Project SORT Coordinator for San Luis Obispo County, agreed that
a program of competition was good, but it added more problems with many companies
competing for the same customers. He also felt that Project SORT had been
successful due not only to the state's subventions but to the cooperation of the
citizens and the San Luis Garbage Company.
Sylvia Drucker, Cavalier Way, objected to the proposed 20% increase recommended
by the Administrative Officer for the San Luis Garbage Company. She felt that
before any raise.in rates, the city should look into whether the garbage company
was operating efficiently within the city. If not, then the city should cancel
the franchise or contract and call for bids on the open market from anyone who
wished to do the work.
Mayor Schwartz declared the public hearing closed.
Councilman Settle agreed that the City Council should have called for open
bids when the franchise contract was extended to San Luis Garbage Company.
He did feel that 20% was too much of an increase although he recognized what
the consultant study showed. He could support a loo rate increase at this
time with further increases after additional study.
Councilman Dunin stated that the city was fortunate in getting an independent
audit of the garbage company and he felt that this audit was independent and
felt- that the conclusion was valid. He would not discuss matters of garbage
company efficiency or whether the city should have opened the franchise to
open bid competition as these were things that had been done and there was no
sense continuing to discuss them.
Councilman Petterson stated he was in favor of the rate increase as recommended.
He felt the company should be congratulated in that since 1956 their collection
rates had not even kept up with the inflation rates in the same period. He
felt that the consultant's recommendations were fair.
Councilman Jorgensen stated he would support the increase as recommended. He
felt the consultant's report was well done and upon recommendation of city staff
felt that the 20% increase was reasonable. In comparison with other cities,
he felt that our city's service was equitable. He would support the recommenda-
tion.
Mayor Schwartz stated he felt the decision by the council to continue with the
garbage collection franchise was a good one. He felt that if the city had gone
' into their own collection service, it would cost more due to the normal
bureaucratic misorganization and too much staff. He would support the rate
increase as recognized by the independent audit that had developed from this
independent.study.
On motion of Councilman Petterson, seconded by Councilman Jorgensen, the following
resolution was introduced: Resolution No. 3535 (1978 Series), a resolution of
the Council of the City of San Luis Obispo establishing rates for solid waste
disposal and superceding Resolution No. 3154 and Resolution No. 3320.
City Council Minutes
April 4, 1978
Page 11
Passed and adopted on the following roll call vote:
AYES: Councilmen Petterson, Jorgensen, Dunin and Mayor Schwartz
NOES: Councilman Settle
ABSENT: None
7. At this time the City Council considered the final passage of Ordinance
No. 747, San Luis Drive Rezoning - .Amending the official zone map of the City
of San Luis Obispo.
Mayor Schwartz declared the public hearing open.
No one appeared before the City Council either 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. 747 (1978 Series),
an ordinance of the City of San Luis Obispo amending the official zone map of
the City of San Luis Obispo (to rezone.property north and east from the end of
San Luis Drive, city - initated rezoning).
Finally passed and adopted on the following roll call vote:
AYES: Councilmen Settle, Jorgensen, Dunin, Petterson,and Mayor Schwartz
NOES: None
ABSENT: None
8. At this time the City Council considered. the final passage of Ordinance
No. 748, an ordinance of the City of San Luis Obispo amending the Municipal
Code, Article III.V, Traffic Regulations, Chapter II, Sections 3211.1 - 3211.3.
Mayor .Schwartz declared the public hearing open.
No one appeared before the City Council either for or against the ordinance.
Mayor Schwartz declared the public hearing.closed.
On motion of Councilman Settle, seconded by Councilman Dunin, the following
ordinance was introduced for final passage: Ordinance No. 748 (1978 Series),
an ordinance of the City of San Luis Obispo amending the Municipal Code, Article
III.V, Traffic Regulations, Chapter II, Sections 3211.1 - 3211.3.
Finally passed and adopted on the following roll call vote:
AYES: Councilmen Settle, Dunin, Petterson, Jorgensen and Mayor Schwartz
NOES: None
ABSENT: None
9. Clarification of wording for Ordinance No. 746 (1978 Series), the zoning
regulations amendment establishing dwelling unit occupancy limits were continued
to a Special Meeting on Thursday, May 4, 1978, at the request of the Ad Hoc
Housing Committee..
10. Request from the Bishop of Monterey to rescind Resolution No. 1241, a
resolution of intention to abandon a portion of Krebs Street was continued at
the request of the petitioner due to the late hour..
11. At this time the City Council considered the recommendation from the
B.I.A. (Business Improvement Area) on changes to parking meter time limits and
lease parking in some areas of downtown parking district.
City Council Minutes
April 4, 1978
Page 12
The matter was continued from March 21, 1978, Council Meeting.
Mrs. Beth Law, Chairperson - B.I.A., stated that the B.I.A. members had continued
to observe parking useage in the downtown area since the changes of last Fall
and had concluded that three areas were operating so poorly that additional
change was warranted in the immediate future:
A. The 21- spaces in Parking Lot. No. 4 (Pacific and Chorro) designated as
' lease spaces since October 1977, had met with limited useage and have created
a continuing enforcement problem. On the average, only about one -half of the
spaces had been leased and the other 10 to 11 spaces were unused, thus creating
a constant source of friction between motorists and the meter maids.
B. Last Fall, the 68- spaces on Pacific Street between Broad and Osos were
changed from 10 -hours to 2 -hour time limits. This change was initiated by
businessmen along the street rather than the B.I.A. or city staff. Since the
change, use of these spaces had been minimal. A survey taken by the Public
Services Department personnel in March indicated that over six consecutive
weekdays, an average of only 19 of the 68- spaces or 28% were occupied during
the peak hour. This was simply not effective use of downtown parking.
C. The strict enforcement of 2 -hour time limits in the parking lots had resulted
in a great increase in complaints from shoppers who were unable to conduct all of
their business within a 2 -hour period. This parking duration desire was reflec-
ted in the Wilbur Smith Downtown Parking Study Report which states "Shopping
and dining trips both park an average of 2.2 hours."
She recommended that the City Council take the necessary steps to implement
recommendations A, B & C of the Business Improvement Area. Mrs. Beth Law also
submitted to the City Council, a survey.of customers shopping in the downtown
area of San Luis Obispo on March 29, 30, 31 and April 1, 2 & 3, 1978. The
survey stated "We are recommending that meters and parking.lots be increased
from 2 to hour.limits. We feel this gives you an extra hour to shop without
penalty. If you feel this would be helpful to your shopping, please indicate
your support." The results of the survey taken by the B.I.A. show 1,491 indivi-
duals wanted the meters in parking lots to be s" -hours and 18 wanted the meters
in parking lots to be 2- hours.
The City Council after review of the number of documents submitted by the B.I.A.
and the city staff determined that more information was needed except on Item A.
On motion of Councilman Jorgensen, seconded by Councilman Settle, that the
City Council approve the recommendation in the B.I.A. memo of 3/27/78, Item A
with Items B $ C to be referred to the B.I.A. Parking Committee. Motion carried,
all ayes.
12. At this time the City Council considered the request for a 12 -month
extension to file the Final Map of Tract No. 592 (The Meadows), the west side
of Higuera Street north of Los Verdes Unit No. 1. This matter was continued
from February 21, 1978 meeting to work out agreement for access to the creek
by public services employees.
Dan Smith, Senior Planner, stated that since the February 21, 1978 meeting, the
Public Services Director and developers had made a field inspection of the
tract and determined that in-lieu-of an access road they would be satisfied
if the dead, leaning and partially undermined trees along the creek were removed.
These were apparently the reason for the access'road in the first place and
' removal would obviate the necessity of the road. Staff therefore recommended
to the City Council that Tentative Tract Map No. 592 be granted a 12 -month
time extension until February 22, 1979 subject to the original 29- conditions
of approval and by the addition of one condition as follows: "The subdivider
shall remove all dead, undermined trees and those trees which lean over the
waterway to the satisfaction of the public services director, community dev-
elopment director and the city tree committee."
City Council Minutes
April 4, 1978
Page 13
It was moved by Councilman Jorgensen, seconded by Councilman Settle, that the
City Council approve the recommendation of the city staff and that they be
directed to prepare a resolution for council consideration at a subsequent
meeting embodying the recommendation. Motion carried, all ayes.
Item X Councilman Dunin brought to the council's attention a telephone call he
had received this date at City Hall from Emmons Blake, Federal Disaster Coordin-
ator for Southern California, stating that the City of San Luis Obispo was
the only city in California charging disaster victims a $15.00 inspection fee
which was a prerequisite for application of either low interest loans or
grants to repair flood damaged buildings. It was Emmons Blake's feeling that
the City of San Luis Obispo should cooperate with their citizens to a certain
extent as without this inspection form filled out by a competent inspector, no
grant applications or low interest loans could even be processed.
On motion of Mayor Schwartz, seconded by Councilman Settle, that the City Council
direct the waiver of all inspection fees for inspections performed for disaster
Victims for either grants or low interest loans for all residents of the city
who need inspections as long as the inspection fees were not recoverable from
the federal government. Motion carried, all ayes.
The City Clerk was directed to contact the Federal Disaster Office and see if
these fees were in fact refundable to the property owners involved.
CONSENT ITEMS
C -1 On motion of Councilman Dunin, seconded by Councilman Settle, claims
against the city for the month of April, 1978 were approved subject to the
approval of.the Administrative Officer.
C -2 On motion of Councilman Dunin, seconded by Councilman Settle, the
minutes of the meetings of February 21, 27 (12:15 p.m.), 27 (6:330 p.m.) and
28, 1978 were approved as amended.
C -3 On motion of Councilman Dunin, seconded by Councilman Settle, the
following contract pay estimates and change orders were approved.
Bailey Construction Company EST. #7 $19,394.09
FIRE STATION NO. 4
City Plan No. B -03
Baker Corporation EST. #2 $ 5,602.50
PEACH STREET WATER LINE EST. #3 FINAL $ 5,358.13 (5/9/78)
City Plan No. B -17
Camacho & Tennis EST. #1 $ 6,213.70
BROAD STREET MEDIAN PLANTING
City Plan No. 3 -76
Gulf
Seal Corporation
EST. #33
$26,329.68
WATER
RESERVOIR NO. 1
C.C.O. #1 +
$
4,935.00
City
Plan No. 37 -77
Fred
Julian $ Associates
EST. #3
$
6,118.38
FLORA
STREET EXTENSION
C.C.O. #2 +
$
295.00
City
Plan No.'s 3 -77 $ 6 -77
Motion carried.
C -4 On motion of Councilman Dunin, seconded by Councilman Settle, the
following resolution was introduced: Resolution No. 3536 (1978 Series), a
resolution of the Council of the City of San Luis Obispo approving an agreement
between the City and the County of San Luis Obispo for Safer Off- System
Fund Allocation No. 2.
1
1
J
City Council Minutes
April 4, 1978
14
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Settle, Petterson, Jorgensen and Mayor Schwartz
NOES: None
ABSENT: None
C -5 On motion of Councilman Dunin, seconded by Councilman Settle, the follow-
ing resolution was introduced: Resolution No. 3537 (1978 Series), a resolution
of the Council of the City of San Luis Obispo granting approval of a master
development plan and tentative Minor Subdivision No. 77 -357 for property at
975 Foothill Blvd.
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Settle, Petterson, Jorgensen and Mayor Schwartz
NOES: None
ABSENT: None
C -6 At this time the City Council considered a Minor Subdivision No. 78 -31,
628 California Boulevard, a resolution approving a tentative map to divide two
lots into three lots at 628 California Boulevard and 601 Grove Street (Tolosa
Associates).
Dan Smith, Senior Planner, presented the recommendation of the Planning
Commission and staff as follows:
He stated that the Planning Commission
created, not three as requested by the
landlocked parcel. City codes requires
public right -of -way. Proposed Parcel A
(community development director, public
city engineer, and city attorney) were
landlocked parcel not be created due to
site development problems.
recommended that the two lots be
subdivider. The third lot would be a
all lots created have frontage on a
would have no frontage. The city staff
services director, utility engineer,
unanimous in recommending that the
access, utility extension, and other
Therefore, the Planning Commission and staff recommended that the council adopt
a resolution granting approval of the tentative parcel map for Minor Subdivi-
sion No. 78 -31 subject to the findings and conditions. Conditions being that;
1) all.new lot corners be staked by a registered.civil engineer or licensed
surveyor; 2) a final parcel map shall show parcels A $ C combined into one
parcel; 3) the final parcel map shall remove 20 ft. utility easement shown across
parcels A & C; 4) all new utilities shall be installed underground; 5) the
subdivider shall pay .water acreage and frontage fees as determined by the city
engineer; 6) the subdivider shall pay park in -lieu fees in the amount of $150 for
parcel B.
Andrew Merriam, planner representing the property owners, appeared before the
City Council objecting to the conditions established by the Planning-Commission
and planning staff requiring that parcels A $ C be combined into one parcel..
The primary objection was that while it was true that both parcels would be used
for one operation and would stay in the same ownership, that for mortgage purposes
it was necessary that the parcel be free from any encumbrances from adjacent
properties.
Jay Whisenant, planning consultant, also appeared before the City Council making
a long presentation objecting to several of the conditions established by
the planning staff and Planning Commission.
On motion of Councilman Settle, seconded by Councilman Dunin, the following
resolution was introduced: Resolution No. 3538 (1978 Series), a resolution of
the City Council of San Luis Obispo granting approval of tentative Minor
Subdivision No. 78- 31,.located at 628 California Boulevard and 601 Grove Steet
subject to the following conditions:
City Council Minutes
April 4, 1978
Page 15
1. All new lot corners shall be staked by a registered civil engineer or
licensed surveyor.
2. The final parcel map shall remove the 20 ft. utility easement shown
across parcels A & B.
3. Access to Parcel A shall be from California Boulevard across Parcels C
via a perpetual access easement agreement. The alignment width and
construction specification and notes on final map shall be approved
by the city engineer. A common access driveway agreement shall be approved
by the Board of Adjustments and city attorney.
4. Subdivider shall install all utilities to serve Parcel A with a utility
easement across Parcel C. The dimensions and alignment shall be shown
on the final map and shall be approved by the city engineer. Water and
sewer lines shall be private.
5. All utilities shall be installed underground.
6. The subdivider shall pay water acreage and frontage fees as determined by
the city engineer.
7. The subdivider shall pay park in -lieu fees in the amount of $150 for
Parcel B.
Passed and adopted on the following roll call vote:
AYES: Councilmen Settle, Dunin, Petterson and Mayor Schwartz
NOES: Councilman Jorgensen
ABSENT: None
C -7 On motion of Councilman Dunin, seconded by Councilman Settle, the
following resolution was introduced: Resolution No. 33539 (1978 Series), a
resolution of the Council of the City of San Luis Obispo granting approval
of tentative Minor Subdivision No. 78 -37, located at 251 Margarita 4 3285
South Higuera Street.
Passed and adopted on the following roll call vote:
AYES: Councilmen Dunin, Settle, Jorgensen, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
C -8. The City Council considered a resolution from the Mothers for Peace
requesting that the City Council endorse a program for the cutback .of the
military budget spending and increase non - defense spending for human needs.
After discussion by the City Council on..the city!.s impact it was moved by
Mayor Schwartz, seconded by Councilman,Jorgensen, that the staff be requested
to procure a copy of the Mitchell - McGovern Transfer Amendment Acts for the
council's information. Motion carried, all ayes.
The matter of the proposed endorsement was continued to future meeting.
C -9 On motion of Councilman Dunin, seconded
by Councilman
Settle,
the
sewer easement through Irish Hills Hamlet to serve Tract Nos.
408 &
642 were
accepted and the Mayor was authorized to record. Motion carried.
C -10 On motion of Councilman Dunin, seconded
by Councilman
Settle,
the
City Council authorized the staff to notify Mr.
Stephen Cool
that the existing
contract to perform prosecutorial services for
the city will
not be
renewed on
July 1, 1978. Motion carried.
City Council Minutes
April 4, 1978
Page 16
RTD TTEMS
B -1 The City Clerk reported on the following bids received for "CLEAN AND
REPAIR CLARIFIER NO. 1," City Plan No. 34 -76; bid estimate $22,000.
On motion of Mayor Schwartz, seconded by Councilman.Settle, that the low
bid of Spiess Construction Company for $17,750.00 be accepted. Motion carried.
B -2 The City Clerk reported on the following bids received for the " LAGUNA
LANE TREATED EFFLUENT FORCE MAIN," City Plan No. B =29; bid estimate (including
contingencies and inspections) 17,600.00.
Baker Corporation $15,850.00
P.O. Box 419
Arroyo Grande, CA 93420
Spiess Construction Company
$17,750.00
698 Don Pablo Drive
Santa Maria, CA 93454
'
Boyd Construction Company
$21,677.00
163 Ramona
San Luis Obispo, CA 93401
Burke Oilfield Construction
$26,417.00
P.O. Box 762
San Miguel, CA 93451
On motion of Mayor Schwartz, seconded by Councilman.Settle, that the low
bid of Spiess Construction Company for $17,750.00 be accepted. Motion carried.
B -2 The City Clerk reported on the following bids received for the " LAGUNA
LANE TREATED EFFLUENT FORCE MAIN," City Plan No. B =29; bid estimate (including
contingencies and inspections) 17,600.00.
Baker Corporation $15,850.00
P.O. Box 419
Arroyo Grande, CA 93420
Burke Oilfield Construction $22,055.00
P.O. Box 762
San Miguel, CA 93451
Fred Julien $ Associates $14,837.50
910 Orcutt Road
San Luis Obispo, CA 93401
Fred Julien submitted the following letter to the City Council stating "My'
firm was low bidder on the project for LAGUNA LANE TREATED EFFLUENT FORCE
MAIN, however, due to the fact that Addendum No. 1 was omitted from the bid
(which did not affect the computation of cost), I was told that I was dis-
qualified. If you are going t6'dis4ualify. on the basis of Addendum No. 1
being attached to the bid then 4 /5th's of the contractors should be disqualified,
not merely my firm. To me this is an obvious case of discrimination and I ask
why ? ?? It has been my understanding that the purpose of sealed bids is to
insure that the bid is awarded to the lowest bidder and to refrain from anv
preferential treatment of contractors. I respectfully request a reconsideration
of the above matter. Very truly yours, S/ Fred Julian ".
Wayne Peterson, City Engineer, submitted a report to the City Council stating
that the Addendum No. 1 had been included in all the bid documents prior to
going out for bid. All the contractors were aware of it and without this part
of the contract being completed, he did not feel that Mr. Fred Julien had
complied with the bid specifications and recommended that his bid be rejected.
Charles A. Pratt Construction Company
$19,579.00
P.O. Box 1295
San Luis Obispo, CA 93406
South Coast Contractors, Inc.
$19,950.00
P.O. Box 1199.
Goleta, CA 93017
Conco Engineering, Inc.
$20,076.00
P.O. Box 511
San Luis Obispo, CA 93406
Burke Oilfield Construction $22,055.00
P.O. Box 762
San Miguel, CA 93451
Fred Julien $ Associates $14,837.50
910 Orcutt Road
San Luis Obispo, CA 93401
Fred Julien submitted the following letter to the City Council stating "My'
firm was low bidder on the project for LAGUNA LANE TREATED EFFLUENT FORCE
MAIN, however, due to the fact that Addendum No. 1 was omitted from the bid
(which did not affect the computation of cost), I was told that I was dis-
qualified. If you are going t6'dis4ualify. on the basis of Addendum No. 1
being attached to the bid then 4 /5th's of the contractors should be disqualified,
not merely my firm. To me this is an obvious case of discrimination and I ask
why ? ?? It has been my understanding that the purpose of sealed bids is to
insure that the bid is awarded to the lowest bidder and to refrain from anv
preferential treatment of contractors. I respectfully request a reconsideration
of the above matter. Very truly yours, S/ Fred Julian ".
Wayne Peterson, City Engineer, submitted a report to the City Council stating
that the Addendum No. 1 had been included in all the bid documents prior to
going out for bid. All the contractors were aware of it and without this part
of the contract being completed, he did not feel that Mr. Fred Julien had
complied with the bid specifications and recommended that his bid be rejected.
City Council Minutes
April 4, 1978
Page 17
On motion of Councilman Petterson, seconded by Mayor Schwartz, that the City
Council accept the bid of Baker Corporation for $15,850.00 and that the city
staff inform Fred Julien the reasons for the rejection of his bid. Motion
carried, all ayes.
There being no further business to come before the City Council, Mayor Schwartz
adjourned the meeting at 12:15 p.m. to April 8, 1978, at 8:00 a.m.
APPROVED: May 16, 1978 J
Fitzpatrick, City Clerk
. M I N U T E S
ADJOURNED MEETING OF THE CITY COUNCIL
SATURDAY, APRIL 8, 1978 - 8:00 A.M.
CORCORAN'S RESTAURANT, 848 HIGUERA STREET
SAN LUIS OBISPO, CALIFORNIA
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; Gordon Johnson, Director
of Personnel
1. The City Council met in adjourned session to have the city attorney
review the legal procedures that must be followed during the personnel
hearing on the appeal of Barry L. Gregory from his dismissal from the Police
Department.
2. The meeting adjourned at 8:.50 a.m.., Saturday, April 8, 1978 to City
Hall, 990 Palm Street, San Luis Obispo, California.
APPROVED: May-16, 1978
itzpatrick, City Clerk
1