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HomeMy WebLinkAbout06/20/1978M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JUNE 202 1978 - 12:15 P.M. COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET Roll Call rnrnnri lmon PRESENT: Ron Dunin, Jeff Jorgensen, Steve Petterson, Allen Settle and Mayor Kenneth E. Schwartz ABSENT: None City Staff PRESENT: None 1. City Council adjourned to Executive Session at 12:15 p.m. 2. City Council reconvened to Regular Session at 1:00 p.m. 3. There being no further business to come before the Council, Mayor Schwartz adjourned the meeting at 1:00 p.m. L APPROVED: July 18, 1978 Fitzpatrick, City Clerk M I N U T E S REGULAR MEETING OF THE CITY COUNCIL dITY OF SAN LUIS OBISPO TUESDAY, JUNE 20, 1978 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL Pledge Roll Call. Councilmen PRESENT: Ron Dunin, Jeff Jorgensen, Steve Petterson, Allen Settle and Mayor Kenneth E. Schwartz ABSENT: None City Staff PRESENT: J.H. Fitzpatrick, City Clerk; Allen Grimes, City Attorney; R.D. Miller, Administrative Officer; Henry Engen, Community Development Director; Dan Smith,.Senior Planner; Wayne Peterson, City Engineer; Rudy Muravez, Finance Director; Richard Minor, Fire Chief; Jim Stockton, Director of Parks & Recreation; Roger Neuman, Police Chief ® A. Councilman Settle on behalf of the Council Subcommittee for Citizens' Advisory Committee membership nominated James Tseng, Clyde Hostetter and William Flory for membership to the Citizens' Advisory Committee to complete the unexpired terms of members who have resigned through June 30, 1979. Mayor Schwartz, subcommittee member, seconded the nomination. Nominations approved unanimously by the City Council. 1. At this time the City Council held a public hearing on the Proposed 1978 -1979 City Budget. City Council Minutes June 20, 1978 - 7:00 P.M. Page 2 Mayor Schwartz reviewed for the public, the efforts to date by the City Council in holding study sessions and reviewing the budget on a line -by -line basis, making some adjustments both upwards and downwards in the recommended budget. Richard D. Miller, Administrative Officer, stated that the total budget was $12,913,896.00 and was 7% greater than the 1977 -78 budget of $12,065,482.00. He stated that the budget had been prepared on the assumption that the Jarvis Bill would pass and, therefore, a naturally conservative approach was made to the program. The bulk of increase in the operating budget were suggested for the public safety services (fire and police), for parks and recreation, and for the water utility. The fire budget would be up $148,453.00 or 12 %, partly due to increased expenses in connection with the opening of the Fire Station in Los Osos Valley. The police budget was up 6% due to increased expenses to man the combined fire and police dispatch center but also due to heavier than normal requirements for vehicle replacement next year. He continued that 37 additional positions for city employees were requested and that he, in consultation with the department heads and Council, had decreased this to 12 full -time employees. He further stated that one major effect of the Jarvis Proposition 13 was that the Parks and Recreation funds would have to be supported with a larger amount from the general fund. He then reviewed for the City Council, the adjustments (plus and minus) to the budget that took place during the City Council Study Sessions. A net increase of $45,180.00, less decreases of $24,020.00 for a net of $21,160.00. Mayor Schwartz declared the public hearing open. Bert Townsend, Sanitarian - County Health Department, hoped that the City Council would include at least $1,000.00 in their next year's budget for the City's share of the county -wide Solid Waste Disposal Program. Mayor Schwartz declared the public hearing closed. After additional discussion, it was common consent of the Council that $5,000 be added to the budget for the maintenance and repairs to the Jack House. On motion of Councilman Settle, seconded by Councilman Petterson, that the City Budget be approved subject to arithmetic corrections and final adjustments for employees salary and finge benefits still under negotiation at this time. Motion carried, all ayes. 2. At this time the City Council held a public hearing on proposed expenditures on the 1978 -79 City Budget of federal revenue sharing funds. R. Muravez, Finance Director, reviewed the revenue sharing portion of the budget for the City Council, including carry -over funds that were rebudgeted for the 1978 -1979 fiscal year. Mayor Schwartz declared the public hearing open. Mrs. Rose Barger hoped the City Council would put some money into flood control efforts in order to protect her property and that of her neighbors from flood damage as has been happening in the past. She was informed by the Mayor of the large sums of money placed in the capital budget and other operating budgets to work on flood control. Mayor Schwartz declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Jorgensen, the City Council approved the federal revenue sharing expenditures in the 1978 -79 budget. Motion carried, all ayes. 3. At this time the City Council held a public hearing to consider the recommendation of the Planning Commission to prezone property known as the "Ferrini Addition" from County A -1 -5 zone to City R -1 PD and A /C -40 (agricultural conservation zone). 1 1 1 City Council Minutes June 20, 1978 - 7:00 P.M. Page 3 Dan Smith, Senior Planner, reviewed the recommendation of the City Planning Commission to the City Council referring to the number of items in the adopted approved EIR for the Ferrini Annexation. He then reviewed in detail, the recom- mendation of the Planning Commission to prezone the property consisting of a total of 199 acres, 51 acres of which would be developed into a planned development and the balance to an open space. He stated that the Planning Commission recommended that the Council approve the prezoning subject to 28 major conditions involving water, sewer, drainage, streets, soils and geology, grading, open space easements, park dedication and improvements, fencing and building limitations on specific lots. On question, Allen Grimes, City Attorney, reviewed the conditions of the Municipal Reorganization Act of 1977 dealing with annexations and the steps that must be taken and also reviewed for the City Council, the ramifications of the Proposition G Amendment to the City Charter recently adopted by the voters. He stated that as the process went through the City Government, whichever proced- ure was accomplished first would take effect. He stated that the Proposition G Amendment to the Charter must be certified and forwarded to the Secretary of State and filed at which time the amendment takes effect which would then require an election for all annexations, but that if the City Council approved the annexation prior to this time it would apparently be accomplished before Proposition G were certified. He stated that both items do not rely on one or the other as they were separate items and should be processed in accordance with the law. Mayor Schwartz declared the public hearing open.. Phil Johnson, Patricia and Clover, requested clarification of conditions established for the subject property development, particularly the effect on the traffic. Dan Smith read from the EIR, the traffic implications of the proposed develop- ment. ' Julie Fredericks, neighbor in the residential area, wished to know who put up the money for the proposed annexations, EIR's and zoning matters, whether it was the city or the developer.. Mayor Schwartz explained that the property owner in every proposal must pay for all cost of development. The only city cost would be in checking, review, and holding meetings as the matter progressed through the government levels. Jim Coleman, resident, asked for clarification of the drainage mitigation in the EIR for flood water during storms which occur now from the upstream drainage. Dan.Smith, Senior Planner, read the drainage and hydrology studies from the approved EIR explaining how the water would be mitigated. Robert Neal, 1 -A Highland Drive, supported the prezoning and.annexation as he felt this was a good development, was needed in the city and felt it should be approved. Ila Harmon, Highland Drive, stated she too . was in support of the prezoning and the annexation as it was needed by the community. Vic Montgomery, designer for the property owner, reviewed in detail the proposal now before the City Council explaining that the property owner had begun his discussion with the City of San Luis Obispo for his development in 1976. In order to work with the city during the rewrite of the City's General Plan. He continued thathe has at the direction of the property owner, complied with every condition of the Planning Commission, city staff, etc. He also reviewed with the Council, the acceptance of the conditions established by the Planning Commission for the prezoning ordinance. He stated that 70% of the land area would be open space and only 30% would be to development. He urged the City Council to support the project. Mayor Schwartz declared the public hearing closed. City Council Minutes June 20, 1978 - 7:00 P.M. Page 4 Councilman Settle stated he felt it was a well- designed, well- thought out plan. He felt the developer had tried to adjust every city and neighborhood objection and also recognized the need for housing in the city. Councilman Settle stated he also felt that the grant of open space for perpetual public use was a new innovation. He stated he would support the 28 conditions established by the Planning Commission and would support the prezoning. Councilman Dunin stated he concurred with Councilman Settle's comments and felt the open space contribution was an interesting concept. He felt the plan could be a model for future planned developments in the city. He felt the developer should help the neighborhood and he would support the prezoning. Councilman Petterson stated he agreed with the of Councilmen Settle and Dunin and would support the prezoning. Councilman Jorgensen stated he felt that this was a well - developed plan and felt the property owner had done everything possible to meet all objections of the neighbors and of the EIR. Although he would not support the development, as the city had not answered the question of water supply for land in the city much less adding more land through annexation. Although he felt that if any annexation were qualified, this one was, but he would not vote for prezoning. Finally, he felt conditions of open space plan must be made permanent. Mayor Schwartz felt that the planned development had met all the conditions established by the Planning Commission and he would-.support the prezoning of the land as recommended. On motion.of Councilman Petterson, seconded by Councilman Dunin, Ordinance No. 759 (1978 Series) was introduced and passed to print: an ordinance of the City of San Luis Obispo amending the official zone map to prezone property known as the Ferrini Annexation. Introduced and passed to print on the following roll call vote: AYES: Councilmen Petterson, Dunin, Settle and Mayor Schwartz NOES: Councilman Jorgensen ABSENT: None 4. At this time the City Council held a public hearing to consider a recommendation of the Planning Commission to prezone property known is the Foothill Annexation from County A -1 -5 zone to City R -1 Residential, P.F. Public Facilities and R -1 Planned Development zones. Dan Smith, Senior Planner, stated that a technical problem had arisen in this development and in the processing of this application and that it did not comply as yet with the general plan and he felt the matter should be returned to the Planning Commission for further action before the City Council held a hearing on this matter. The City Council discussed with Dan Smith, Senior Planner, and Henry Engen, Community Development Director., what the next step would be and it was felt that the best approach would be to refer the entire matter back to the Planning Commission for them to complete their action and then return it to the City Council for their consideration. 5. At this time the City Council held a public hearing on the appeal of Priest, Richmond, Wolfe and Rossi from the decision of the Planning Commission in denying their request to provide required off - street parking on railroad property adjacent to 1402 Marsh Street.(a.residence being converted to office use). Dan Smith, Senior Planner, stated that the Planning Commission on May 17 denied the request of the property owners to provide required off - street parking on adjacent railroad property. He stated the City's Zoning Ordinance which permits required parking space to be provided on a site other than the site they are serving provided approval was granted by the Planning Commission. The applicants asked the Planning Commission if they could provide required parking spaces for a house to be converted to an office on adjacent railroad right -of -way. They City Council Minutes June 20, 1978 - 7:00 P.M. Page 5 intended to lease the railroad property on a month -to -month lease arrangement. They also provided a contingency plan for providing on -site parking to the rear of the house if the lease were terminated. The contingency plan required a common driveway easement from the adjacent house, the owner of which had agreed to provide at some time.in the future. The Planning Commission recommended the denial due to: 1 - Parking in the P -0 zone should be provided on -site whenever possible. The applicant has demonstrated on -site parking was available with the removal of a garage structure which was somewhat useless if the property were to be used for an office. 2 - When off -site parking was provided, it should be secured by long -term lease to ensure its.continued availability. If several years from now the lease was terminated it would be very difficult to compel a future property to raze the structure and provide required parking plus it is a continual enforcement problem for staff. The Planning Commission agreed with staff and indicated that they would approve the railroad property for surplus parking, but would not qualify it as required parking. The City Attorney felt that parking secured by a month -to -month lease was unacceptable under the provisions of the code. Therefore, the Planning Commission and staff recommended that the Council deny the appeal. Robert Rossi, property owner, appeared before the Council on behalf of his appeal to use the railroad right -of -way property in -lieu of required parking on site. He felt the effect of the month -to -month lease with the railroad amounted to a permanent lease as there were thousands of similar leases through- out California with the Southern Pacific Railroad Company. He stated that if ' some time in the future for some reason the railroad ceased to operate, that possibly they could buy the property or by that time the neighbor would be ready to develop his property and parking would be provided. He stated that the develop- ment at 1042 Marsh Street would be for his own office and for Mr. John King. John King, property owner, spoke in support of the appeal and to comply with required off - street parking. He states to be remodeled into offices and that the garage would be materials and things of that nature and that.some time in destroyed and could be combined with adjacent property to parking. to use the lease property i that the main house was used for storage of the future it would be provide the required Charles Andrews, Planning Commission member, stated that the issue here before the Council was for policy direction to the Planning Commission by the Council dealing with normal requirements for conversion of residences to offices in areas with narrow lots that had recently been rezoned to P -0. The Planning Commission felt on -site property should be used first for required parking before going to other areas. Mayor Schwartz declared the public hearing closed. The City Council discussed with the city staff, the philosophy of converting residential buildings to higher density uses and whether:they should meet parking and other city conditions as outlined in the Municipal Code. Councilman Petterson stated he felt that the City Council should support the Planning Commission in this matter as this would be the first of many conver- sions. Councilman Settle stated he too would support the Planning Commission and staff recommendation in this matter. Councilman Dunin also agreed to support the Planning Commission in this particular matter. City Council Minutes June 20, 1978 - 7:00 P.M. Page 6 On motion of Councilman Petterson, seconded by Councilman Settle, that the City Council deny the appeal and support the Planning Commission and require that parking be on -site. Motion carried, all ayes. 6. At this time the City Council held a public hearing on a resolution confirming the assessment of delinquent business license taxes for the calendar year ending June 30, 1978. R. Muravez, Finance Director, submitted a list of 24 separate businesses that had not renewed their business licenses for the period July 1,1977 through June 30, 1978. He stated that these businesses had been notified numerous times and that the hearing was to confirm the assessment, including penalties under the provisions of the Municipal Code. The resolution if adopted after the hearing, would authorize the City Attorney to proceed for citation and collection of the tax. Mayor Schwartz declared the public hearing open. Mr. Ed Chaffey, dba Professional Photography, appeared before the City Council stating that he had not paid his business license as he felt he had not acquired enough money to even pay the license and he asked that the City Council adjust the license to the minimum and also allow him time to raise the necessary fees to pay the license and pay the penalties. Mayor Schwartz declared the public hearing closed. On motion of Councilman Petterson, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3588 (1978 Series), a resolution of the Council of the City of San Luis Obispo confirming the assessment of delinquent business license taxes and reducing Ed Chaffey's license to the minimum for his classification. Passed and adopted on the following roll call vote: AYES: Councilmen Petterson, Settle, Jorgensen, Dunin and Mayor Schwartz NOES: None ABSENT: None 7. At this time the City Council-considered the final passage of Ordinance No. 756 (1978 Series), an ordinance of the City of San Luis Obispo amending the official zone map to rezone property at 2800 Johnson Avenue from R -1 to R -1 PD. Dan Smith, Senior Planner, briefed the conditions and provisions of Ordinance No. 756 for the City Council's information. Mayor Schwartz declared the public hearing open. Glen Chapman, Flora Street, appeared before the City Council stating that he was opposed to the proposed planned development on this property. He felt that the density was too high for the area and felt it would downgrade the neigh- borhood and would be the first step to destroying the single - family residential neighborhood presently existing in this area. He felt that the first break - through would start with renting of these condominiums and other property owners would then wish to enhance their property. Weldon Rohner, Flora Street, was opposed to changing the zoning on the property as it would allow too high a density in this residential area. He and his neighbors feared that this was only the first step to destroying the neighborhood by increasing densities which would include further residences.of this type which could include future renting of the units to students and other non - family type residents. City Council Minutes June 20, 1978 - 7:00 P.M. Page 7 Leon Garrish, 2894 Flora Street, was opposed to allowing an increase of 25% in the density on this property. He also felt the increased traffic on Johnson Avenue from this development would be intolerable due to its location for access to and from the property to Johnson Avenue. Janet Chapman.,opposed to the rezoning as she felt this development had not answered the serious drainage problems on this property from above Flora Street. ' Dorothy Rohner was opposed to the planned development R -1 and felt that this density was too high and that the drainage to the property had not been properly taken care of which she felt was very dangerous. Dorothy Scott, Flora Street, also a school bus driver stated she was opposed to the rezoning due to such a high density of residences which she felt would add high traffic loads to Johnson Avenue at an extremely dangerous access to the street. Gary Sims, 1625 Sydney Street, was opposed to the planned development due to the potential increase in traffic on Johnson Avenue. He felt the zoning should be left to R -1 with no planned development as he felt that the planned develop -. meet was the first step to full rezoning to higher densities of the entire area. Mrs. Sims, Sydney Street, was opposed to such high density development. She felt the neighborhood should stay R -1. She also felt Johnson Avenue was too high a speed at this time and felt the single- family residential pattern should not be broken. Clarence Boerboom, 2605 Flora Street, was opposed to the development to high density as he felt it opened the door to further high density on other vacant property in the area. Leonard Blaser, former property owner, supported the rezoning. He.felt that the proposed PD R -1 would make for good use of a very difficult piece of property. He felt that there was a need for this type of lifestyle (condominiums in the area) and felt that the developer had done an excellent job.on the property. He also reminded the Council and public that when he owned the property, he had planned to place 24- condominium units on the property which were accepted. He felt that Lindenthaler had reduced to 18 units which was lowering the density that he had planned. He felt the Council should approve this planned development. Mayor Schwartz declared the public hearing closed. City Council then discussed with the staff, various questions of density and drainage brought up by the public testimony at this evening's meeting. On motion of Councilman Jorgensen, seconded by Councilman Petterson, that the City Council deny the final passage of Ordinance No. 756. Passed and adopted on the following roll call,vote: AYES: Councilmen Jorgensen, Petters on, Dunin, Settle and Mayor Schwartz NOES: None ABSENT: None 8. At this time the City Council considered.the final passage of Ordinance No. 757, an ordinance of the City of San Luis Obispo amending the official ' zone map of the city to rezone property lying between Broad Street, Perkins Lane and Lawrence Drive (city - initiated rezoning). Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the proposed zoning. Mayor Schwartz declared the public hearing closed. City Council Minutes June 20, 1978 - 7:00 P.M. Page 8 On motion of Councilman Jorgensen, seconded by Councilman Dunin, Ordinance No. 757 was introduced for final passage. Passed and finally adopted on the following roll call vote: AYES: Councilmen Jorgensen, Dunin, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None ' 9. Ms. Beth Law, Chairperson - Business Improvement Area, appeared before the City Council submitting some proposed time chaiges in the downtown parking meters. The B.I.A. felt that in order to improve the parking downtown, that the meters on Pacific Street should be changed from 2 -hours to 5 -hours between Broad and Osos Streets and that all meters in the parking lots should be changed from 2 -hrs. to 3- hours. She stated that a survey of the customers shopping in downtown San Luis Obispo taken on March 29, 30, 31 and April 1, 2 and 3 showed the following results: 1,491 people wanted the meters in the parking lots to be 3 -hours 18 people wanted the meters in parking lots to be 2 -hours She concluded her presentation by stating that 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 their business within the 2 -hour period. She stated the parking duration desired was reflected in the Wilbur Smith Downtown Parking Study made by the city which stated "Shopping and dining trips both park an average of 2.2 hours." The City Council received letters from Cindy Rzezzewski, Dick Johnston, Korb's I Trading Post, Betty's Fabrics, Rascos Stores, Leon's Bookstore and Nomadic Furnishings supporting the position of the B.I.A. to increase parking to 3 -hours in the parking lots. Wayne Peterson, City Engineer, reviewed a letter from David F. Romero, Public Services Director, dated May 30, 1978, stating that if it was necessary to change the various parking meters as recommended, that it would cost approxi- mately $7,500 for parts and require 7 weeks of city labor. It was his opinion that these changes would result in reduced availability of parking for shoppers since employees would more easily be able to feed meters with 3 -hour time limits. Dave Romero objected to the change of 2 -hours in the city parking lots. The City Council discussed with Ms. Beth Law, the proposal and the cost involved in constantly changing parking meter equipment within the city. Ms. Law stated upon questioning, that the B.I.A. would pay up to an unknown amount as the staff had recommended to help pay the changing costs for the meters to convert them to the new time limits, but that the B.I.A. had been unable to get a definite cost of material for this change order as the city staff kept giving them different figures, but she was sure that the B.I.A. would be able to contribute something from their meager funds. Councilman Settle stated that he would support providing parking for downtown. He would also support the B.I.A. recommendations and hoped the B.I.A. could help defray some of the cost of conversion. Councilman Dunin stated that he would support the B.I.A. request in order to help provide downtown parking for customers, not for employees and employers. But he felt the B.I.A. must solve this problem. Councilman Petterson stated that he would oppose changing the time limits on Pacific Street without notifying the business people involved. He felt that the downtown businessmen should help eliminate employee and employer parking in the parking spaces. He did not feel that constantly changing meters was going to solve the parking problem. He felt that it was just busy work for the B.I.A. He felt that the B.I.A. must face reality and look at the problems involved in parking and find some other way of disposing of the matter. City Council Minutes June 20, 1978 - 7:00 P.M. Page 9 Councilman Jorgensen stated he would accept the B.I.A. recommendation if the B.I.A. would bear a portion of the cost of conversion: He would not support changing meters on Pacific Street. He felt that the businessmen must face the issue on parking and not keep coming to the Council to solve their problems. Mayor Schwartz agreed with the other Councilmen's comments. On motion of Councilman Jorgensen, seconded by Councilman Settle, that the ' City Council approve the request with the B.I.A. to help pay for the cost of conversion for the material and with the city to provide labor. Motion carried with Councilman Petterson voting no. 10. The City Council considered a request from California Cooperage to be allowed to hook up to the city's water system for private fire protection services on the new complex being constructed on Sacramento Drive and Industrial Way in the County of San Luis Obispo. Henry Engen, Community Development Director, submitted the staff report on the request of California Cooperage. He stated that the company wished to build a new manufacturing complex in the county adjacent to the city. The project has been approved by the county with the condition that adequate fire protection be provided. The owners of the project have asked that the city allow them to tap into water mains on Sacramento Drive to provide on -site fire flow. The water would be used only for fire protection. He stated it was the staff's position that this request was not consistent with the city's general plan, might set an undesirable precedent and should be denied. He concluded by stating that the staff felt there were other methods of providing adequate fire protection to the cooperage without building on -site tanks or extending city services such as: 1) The cooperage should be allowed access to existing fire hydrant on the northeast corner of Sacramento Drive and Industrial Way. This hydrant provides 3,000 GPM which should be adequate for the proposed use. The project offices and warehouse buildings are generally within 300 to 350 feet of this hydrant. This is normally considered adequate protection. 2) The city could allow the applicant to install a fire hydrant on the south side of Sacramento Drive. This would provide slightly more convenient service to the project. However, the proposed mill building would probably remain beyond 350 feet from this new hydrant. 3) The proposed project should be built of fire - resistant materials. 4) The City Fire Department should agree to provide back -up fire service to the Cooperage project. Both City Fire Station #2 and county facilities at the airport are within 4- minute response time of the project. This is considered adequate fire protection by the city. 5) Heat and smoke detectors should be installed on -site. An alarm system with outside alarms should also be installed. The system should terminate at a central answering service. R. Rossi, planner - architect for the project, appeared before the Council 1 in an attempt to make them understand the problem of requiring water on -site to protect the new buildings from fire. He stated that this was a county requirement but that he felt tanks that.-would have to be placed would be unsightly on the little hill adjacent to the property and that the hook up into the city's system would be better aesthetically than the tanks. He also felt that sometime in the future this property, as other properties in the adjacent area, would be annexed to the city and that having tanks would just add cost to the project. City Council Minutes June 20, 1978 - 7:00 P.M. Page 10 John King supported the request of Rob Rossi.for the City to supply water for fire protection to the Cooperage development. He stated what they needed was water for the sprinkler systems, not for domestic use. Richard Minor, Fire Chief, felt that if the building were sprinklered it would be safe and would help firefighters in case of a fire. Councilman Settle stated that he agreed with the staff' recommendation as he felt that the voters had stated they do not wish any new property develop- ed and annexed to the city or extension of city services outside the city so that he could not see adding this service at this time. Councilman Dunin agreed with the comments of Councilman Settle. Councilman Petterson stated he would support the property owners request if he would ask for annexation inspite of Proposition G's impact. He felt the city was going to be surrounded by development approved by the county and the city must recognize this whether they wished to or not, but he would not support furnishing water outside of the city contrary to existing city policy. Councilman Jorgensen stated he would support the city staff to not extend utilities outside the city. He felt that this development was inconsistent with the city's adopted general plan but that had not been approved by the county. Mayor Schwartz stated that he would support the city staff. On motion of Councilman Settle, seconded by Councilman Jorgensen, the request from California Cooperage was denied for the basis presented by the city staff. Motion carried. 12. On motion of Councilman Jorgensen, seconded by Councilman Petterson, plans and specifications for Municipal Parking Lots Nos. 1 & 8 (Improvement Project, City Plan No. B -34) bid estimate including 13% for contingencies was $37,800. Plans and specifications were approved and the contract was authorized to go to bid except that each lot would be bid separately. Motion carried. 13. On motion of Councilman Petterson, seconded by Councilman Jorgensen, plans and specifications for San Luis Obispo Police Department Security Fencing System, City Plan No. B -36; bid estimate $13,300 including.contin- gencies was approved and the staff was authorized to go to bid. Motion carried. 14. On motion of Councilman Petterson, seconded by Councilman Settle, the plans and specifications for Parallel Sewer Lines for Centre Street, Jeffrey Drive and Cerro Romauldo, City Plan No. B -44; bid estimate $25,065 including contingencies were approved and the staff was authorized to go to bid. Motion carried. 15. On motion of Councilman Settle, seconded by Councilman Dunin, the plans and specifications for Water Line Installation, Mission Lane, City Plan No. B -49; bid estimate $16,310 including 13% contingencies were approved and the staff was authorized to go to bid. Motion carried. CONSENT ITEMS C -1 On motion of Councilman Settle, seconded by Councilman Dunin, claims against the city for the month of June, 1978, were appioved.and ordered paid subject to the approval.of the administrative officer. Motion carried. C -2 On motion of Councilman Dunin, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3589 (1978 Series), a resolution of intention to grant an electric and other energy franchise to Pacific Gas and Electric Company. fl 1 City Council Minutes June 20, 1978 - 7:00 P.M. Page 11 Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Petterson, Settle and Mayor Schwartz NOES: Councilman Jorgensen ABSENT: None C -3 On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3590 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and the State of California Department of Transportation for the Santa Rosa Street Widening Project, City Plan No. 7 -73. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None C -4 On motion of Councilman Settle, seconded by Councilman Dunin, the minutes of the following Council Meetings were approved as presented: May 9, 1978 May 15, 1978 May 12, 1978 May 13, 1978 Motion carried. C -5 On motion of Councilman Settle, seconded by Councilman Dunin, the 1 following ordinance was introduced: Ordinance No. 758 (1978 Series), an ordinance of the City of San Luis Obispo amending Article VIII, Chapter 4 of the San Luis Obispo Municipal Code entitled "Underground Utilities ". Introduced and passed to print on the following roll call vote: AYES: Councilmen Settle, Dunin, Petterson, Jorgensen and Mayor Schwartz NOES: None ABSENT: None C -6 On motion of Councilman Settle, seconded by Councilman Dunin, the staff's recommendation for representatives and alternates for the Transportation Technical Advisory Committee of the Regional Transportation Planning Agency were approved with the representatives being City Engineer Wayne Peterson and Community Development Director Henry Engen. Alternates to be John Holly, Engineering; 1st alternate for Planning - Terry Sanville; 2nd alternate - Dan Smith. Motion carried. C -7 On motion of Councilman Settle, seconded by Councilman Dunin, the grant deed from Stanton M. Forden and Gladyce I. Forden for Serrano Drive dedication was accepted and the City Clerk was authorized to record. Motion carried. C -8A On motion of Councilman Jorgensen, seconded by Councilman Settle, consideration of the resolution approving an agreement between the City and Edison A. and Frances A. French for funding a water line project on Pacific and Toro Streets under the $20,000 Quarterly Funding Program was continued to Monday, June 26, 1978, for staff report on implication with proposed street abandonment. Motion carried. City Council Minutes June 20, 1978 - 7:00 P.M. Page 12 C -8B On motion of Councilman Petterson, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3591 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Don W. Henderson and Bernice 0. Henderson for construction of a water line for Lot 12, Block A of the Hathway Addition. Passed and adopted on the following.roll call vote: AYES: Councilmen Petterson, Jorgensen, Dunin, Settle and Mayor Schwartz NOES: None ABSENT: None C -8C On motion of Councilman Petterson, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3592 (1978 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Gann Investments for the construction of a water line for Tract 687. Passed and adopted on the following roll call vote: AYES: Councilmen Petterson, Jorgensen, Dunin, Settle and Mayor Schwartz NOES: None ABSENT: None C -9 On motion of Councilman Settle, seconded by Councilman Dunin, the request from S. Craig Muma, 2041 Beebee Street, for adjustment of his water bill for alleged overcharge was referred to the Finance Department for answer to Mr. Muma with copy to the City Council. Motion carried. C -10 On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3593 (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 reprographic services. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None C -11 On motion of Councilman Settle, seconded by Councilman Dunin, claim against the city by Howard L. Benzinger, 1720 Royal Court, in the amount of $49.13 to cover replacement cost of a window when a golf ball from Laguna Lake Golf Course broke it was denied and referred to the insurance carrier. Motion carried. C -12 On motion of Councilman Settle, seconded by Councilman Dunin, claim against the city by Alex 0. Taylor, 648 Graves Street, in the amount of $707.02 for repairs to his motorcycle caused when he allegedly ran over loose gravel on a city street was denied and referred to the insurance carrier. Motion carried. C -13 On motion of Councilman Settle, seconded by Councilman Dunin, claim against the city by Greg B. Lampman,.483 Branch Street, in the amount of $72.60 for injuries sustained to his eye injured in opening a gate at Meadow Park was denied and referred to the insurance carrier. Motion carried. C -14 On motion of Councilman Settle, seconded by Councilman Dunin, claim against the city by Gene Janssen, 1179 Pismo Street, in the amount of $49.70 for sewer back up in his yard and garage was denied and referred to the insurance carrier. Motion carried. City Council Minutes June 20, 1978 - 7:00 P.M. Page 13 BID ITEMS B -1 The City Clerk reported on bids received for WATER LINE IMPROVEMENT PROJECT, City Plan No. B -38, B -39, B -40, B -41 and B -46; bids opened Friday, June 9, 1978 - bid estimate; Alternate A - $108,943; Alternate B - $88,742.77. On motion of Councilman Jorgensen, seconded by Councilman Settle, that the City Council accept the low bid of Fred Julien & Associates for Alternate A at $103,843.04. Motion carried. B -lA On motion of Councilman Jorgensen, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3594 (1978 Series), a resolution of the Council of the City of San Luis Obispo increasing capital improvement funds for the 1977/78 fiscal year.% Passed and adopted on the following roll call vote: AYES: Councilmen Jorgensen, Settle, Dunin, Petterson and Mayor Schwartz NOES: None ABSENT: None B -2 1. Fred Julien & Associates Alternate A - $103,843.04 910 Orcutt Road San Luis Obispo, CA Alternate B - 90,204.40 - 2. Madonna Construction Company Alternate A - $185,484.00 2. P.O. Box 910 Alternate B - 158,101.00 San Luis Obispo, CA San Luis Obispo, CA 3. On motion of Councilman Jorgensen, seconded by Councilman Settle, that the City Council accept the low bid of Fred Julien & Associates for Alternate A at $103,843.04. Motion carried. B -lA On motion of Councilman Jorgensen, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3594 (1978 Series), a resolution of the Council of the City of San Luis Obispo increasing capital improvement funds for the 1977/78 fiscal year.% Passed and adopted on the following roll call vote: AYES: Councilmen Jorgensen, Settle, Dunin, Petterson and Mayor Schwartz NOES: None ABSENT: None B -2 The City Clerk reported on bids received for the JOHNSON AVENUE PLAY- GROUND PHASE I, City Plan No. B -31; bids opened Friday, June 9, 1978; estimated ' cost - $11,369.00. 1. Tara Construction Company $22,777.00 298 Pismo Street San Luis Obispo, CA 2. Boyd Construction Company $25,344.00 163 Ramona San Luis Obispo, CA 3. Melcher Construction Company $33,720.00 1415 Smith Court San Luis Obispo, CA 4. Conco Engineering, Inc. $35,935.00 P.O. Box 511 San Luis Obispo; CA Richard D. Miller, Administrative Officer, stated.that due to the almost double bid over the bid estimate for this project, the city staff requested permission to continue the matter to the next Council Meeting for staff analysis and either rejection or some other action by the City Council. The recommendation was accepted by the City Council. There being no further business to come before the City Council, Mayor Schwartz adjourned the meeting at 12:00 Midnight to 8:00 A.M., June 23, 1978. APPROVED: July 18, 1978 :H. Yitipatrick, City Clerk