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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