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HomeMy WebLinkAbout12/05/1978City Council Minutes December 5, 1978 Page 2 City Staff PRESENT: J.H. Fitzpatrick, City Clerk; George Thacher, City Attorney; Leland Walton, City Administrative Officer.; Henry Engen, Community Development Director; Terry Sanville, Senior.Planner; Wayne Peterson, City Engineer; Rudy Muravez, Finance Director; Richard Minor, Fire Chief; Jim Stockton, Director of Parks and Recreation; Roger Neuman, Police Chief;.Dave_Romero, Director of Public Services. --------------------------------------------------------------------------- 1. Councilman Jorgensen, on behalf.of the council subcommittee, nominated the following persons to the Human Relations Commission to complete terms of members who have resigned: John M. Carsel for the term that expires 6/30/82 Sylvia E. Castillo for the term that expires 6/30/81 Emlyn C. Jones for the term that expires 6/30/80 Ruby C. Siegel for the term that expires 6/30/79 Councilman Settle seconded the nominations and the appointments were made unanimously by the City.Council on the following roll call vote:. AYES: Councilmen Jorgensen, Settle, Dunin,.,Petterson and Mayor Schwartz NOES: None ABSENT: None 2. At this time the City Council considered the recommendations of the Downtown Business Improvement Area who submitted tabulations of votes for candidates to the B.I.A. Board of Directors..,,. On motion of Councilman Petterson, seconded by Councilman Jorgensen, the following top vote getters were appointed as members of the B.I.A. Board of Directors: James Wilson Gary Holt .. Charles Bove Harry Henderson Sandra Gillespie The City Council concurred, all ayes. 3.. At this time George R. Cover and Donald Kanesaki reviewed for the City Council the results of the financial statement and audit of the 1977/78 fiscal year by their firm of Ernst and Ernst. Mr. Cover reviewed very briefly various financial statements included in the audit, and the method used by their firm in analyzing the financial records of the city. He stated that the examination was made in accordance with the generally accepted.auditing standards including such tests for the accounting records and such other auditing procedures as they considered necessary in the circumstance. He stated that the city has not maintained a record of its fixed assets and accordingly, a statement of general fixed assets required by generally accepted accounting principles is not included in the financial statements; nor were detailed records maintained to support the recorded amount of fixed assets and Whale Rock investments in the enterprise funds nor were depreciation charges thereon. Because they were unable to satisfy themselves by appropriate audit tests or by other means as a result of the incomplete records and because the amount of fixed assets and investments, and depreciation have a material effect on the financial position and results of the operation of the enterprise funds, their firm was unable to express an opinion on the financial statements of the funds. Otherwise, he stated that the financial statements listed in their audited report, other than the financial statements of the enterprise funds, present fairly the financial position of the Cityaofon San-'Luisuftisp6sas-of•June 30, 1978 and the results of the operation of such funds= then ended, were done in conformity with generally accepted accounting principles applied on a basis consistent with that of the preceeding year. City...Council Minutes December 5, 1978 Page 3 Mr. Cover then reviewed for the City Council a management letter presented to the City Council through the Administrative Officer. He stated that in the course of the examination of the financial statements of.the city, they have also reviewed the accounting systems,.procedures and internal controls and also had.-an-opportunity to.observe.some of the practices and to review management.reports.and statistics. Their general observation of the city's internal accounting controlls are that they are defined and functioning in an effective manner. However, they would like to pass several thoughts along which might-be useful to the various city departments to which they are directed. He stated the comments were meant as constructive suggestions, but because of the limited nature of their review, they may not reflect proper evaluation of all factors necessary for a decision. They feel that if the council and staff would look at these suggestions which present opportunities for improve- ment for the city in the form of improving controls, reduction of operating costs, or increase in operating efficiency, they should be considered. The City Council thanked Mr. Cover and Mr. Kanesaki for their presentation and on motion of Councilman Jorgensen, seconded-by Councilman.Settle, the City Council accepted the audit.as presented and referred the management letter to the City Administrative Officer for review and report to the council in the future. Motion carried. 4. At this time the City Council held a public hearing on Resolution No. 3709, 1978 Series, a resolution of intention to grant a cable television franchise to the Sonic Cable Television Company. Mayor Schwartz declared the public hearing open. Roger Larson, Monterey Heights, objected to the granting of a franchise to the Sonic Cable Company without some arrangement in the franchise for the handling of grievances by the public. He again referred to a pole which had been placed on his property by the former cable company without his permission, but he admitted that it was on the property when he bought the property to build a home on. He stated that since that time he has no luck in having the cable company remove the pole and place the lines under ground. He feels the council should force Sonic Television to remove the pole from his property. George Thacher, City Attorney, reviewed Mr. Larson's Council stating that he had looked into the matter a some civil relief that Mr. Larson could receive, but could be done by the City Council to the franchise. Mr. Larson to contact a private attorney to see what pole which was there when he purchased the property. Mayor Schwartz declared the public hearing closed. problem with the City ad that there was possibly there was nothing that He stated he advised the legal status of the It was the common feeling of the council that they did not have the authority or even the desire to get involved in Mr. Larson's property problems due to the lack of prior information on the installation of the pole. On motion of Councilman Jorgensen, seconded. by Councilman Dunin, the following ordinance was introduced and passed to print: Ordinance No. 790, 1978 Series, an ordinance of the City of San Luis Obispo granting a franchise for cable television service within the city to Sonic Cable Television for a period of 15 years. Passed to print on the following roll call vote: AYES: Councilmen Jorgensen, Dunin, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None 5. At this time the City Council held a public hearing on Resolution No. 3715, a resolution of intention to abandon a portion of the prolongation of Woodbridge Street. City Council.-Minutes December 5, 1978 Page 4 Mayor Schwartz-:declared the public hearing open. No one appeared before..the City Council for or.against.the proposed abandonment. Mayor Schwartz.declared the public hearing closed. On motion of Councilman Jorgensen, seconded by Councilman.Settle, the following resolution was introduced: Resolution No..3724,.,1978 Series,.a resolution of the Council of the City of San Luis Obispo.finding and-determining that a portion of the prolongation of Woodbridge street is unnecessary for present or prospective street purposes and ordering the abandonment of same. Passed and adopted on the following roll call vote: AYES: Councilmen Jorgensen, Settle, Dunin, Petterson and Mayor Schwartz NOES: None ABSENT: None 6. At this time the City Council held a public hearing to consider four proposed rezonings of the following properties to conform with the General Plan: A. Portion of Nipomo Street between Palm and Monterey Street to rezoned from R -4 and C -R to P0. Terry Sanville, Senior Planner, presented the recommendations of the Planning Commission on this proposed rezoning. He stated that the Planning Commission reviewed the rezoning of the area at three separate meetings and that on November 1, 1978 the commission decided.to retain the existing zoning of the property which was C -R and R -4 and not to rezone it as recommended by the city staff. He continued that it was the feeling of the.city staff, as it has been brought out in various other meetings, that the property should be zoned to PO designation. Mayor Schwartz.declared the public hearing open. Frank Canaan,_owner of the San Luis Welding Supply, stated.he was opposed to the rezoning of his property to PO as he feels that this classification would ultimately.put.him.out of business as he.would not be able to enlarge his operation, nor would he be able.to rebuild if some problem, such as a fire, put him out of business. He felt that PO was wrong and that it should be left as it is at the present time. He had no objections to the property adjacent to him being P0, if that is.what the property owners wanted. They also wish the City Council to'know that this particular operation has been located in San Luis Obispo for 50 years at this spot, and he felt that histor- ically he should be allowed to continue. Catherine.Helling, 976 Nipomo adjacent to the welding shop, stated she would like the PO zone in order to develop her property for office uses. Gene Reis, owner.of Reis Mortuary, - stated he was opposed to the.PO zone as he would like the zone to stay C -R which..protects his investments on the property. He stated he has a number of letters on.file over the last four or five meetings supporting his contention. He said he does have some garage apartments for apprentices and that if the zoning is changed, he would not be able to continue with his operation. Terry.Sanville, Senior Planner, stated that Mr. Reis has no problem because his operation, including the garage apartments, could be handled through the PO zone with a use permit. Also, if the mortuary were to be destroyed by fire.or other calamity, it could be reconstructed. Mr. Bruce Selkirk, property owner at the corner of Dana and Nipomo Street, stated he hoped that the City Council in reviewing this would extend the C -4 zoning across Dana Street along Nipomo to Higuera Street as he plans, with his neighbor, to develop some commercial stores. Mayor Schwartz declared the public hearing closed. City Council Minutes December 5, 1978 Page 5 Terry Sanville again reviewed the limitations of the proposed zoning to PO and its effect.on existing nonconforming-buildings in the area. He supported the zoning'to PO. He noted that it is a basic characteristic of nonconforming use regulations ultimately eliminate nonconforming uses. Councilman Settle stated he felt the zoning should represent the long range use of the property,..not current uses and he would support the PO for both ' the mortuary and the welding shop. Councilman Dunin stated he too would support the PO for the mortuary, but he had a reservation for rezoning the welding shop to PO uses. He felt the shop has been here.for a long time and some council consideration should be given to the property owner. Councilman Petterson stated he supported PO for both properties, and felt the other uses were incompatible with downtown development and growth. Councilman.Jorgensen stated he supported the PO.zone for both parcels. Mayor Schwartz stated he too would support the zoning to PO for all properties as the council must.not consider individual.property.owners but look to the zoning to the good of the city. On.motion of Councilman Settle,,seconded by Councilman Patterson, the following ordinance was introduced: Ordinance NO. 791, an ordinance of the City of San Luis Obispo amending the official zone map of the city to rezone property at 960, 972, 991 Nipomo Street. Introduced and passed on the following roll call vote: AYES: .Councilmen Settle, Petterson, Jorgensen and Mayor Schwartz NOES: Councilman Dunin ABSENT: None 6B. South end of Brizzolara Street rezoned from R -3 -S to R -1 -S. Terry Sanville, Senior Planner, presented the recommendation of the Planning Commission.which-says that the R -3 -S zoning of the property be retained. He stated that the commission.could not support R -1 zoning for this area. Their position was consistent with their.previous.recommendation of the property. The commissioners also recommended that the General Plan be amended to show this portion of the Brizzolara Street property as.medium -high density resi- dential area. He..continued that the city planning staff .still recommended.that.the property be zoned to low density residential or R -1 -S zoning. Mayor Schwartz declared the public hearing open. Joe Hample, Brizzolara Street, opposed to the City Council's efforts to zone this property to R -1. He felt.that this was unfair to the property owners who have paid taxes on the higher density allowed for years and he felt the proposed development for apartment uses was good for the city. . Ralph Cheda,.449.Brizzolara Street,.stated he has lived on the land for 60 years. The land had been planned for R -3 and that taxes had been paid for R -3 land and now that it looks like they may be able to develop the property, the. council wants to make it R -1 which reduces its value immeasurably. Ace Pearce, resident of Brizzolara Street, urged.the council to leave the land zone to R -3 uses and not destroy the property by rezoning it.to R -1. Roger Marshall, developer of the Cheda property, urged the council-to leave the zone at R -3 as they have .plans ready to go ahead with this development. He stated that the plans have been ready for two years but they have been waiting for the city staff and council to properly zone the property for development. He said the staff has consistently opposed.-not only his devel- opment, buttwahts the property rezoned to R -1, and now the council has City.Council Minutes December 5, 1978 Page 6 concurred and wishes.the property zoned -to R -1. He then attempted to explain what his.proposed development does.to the-land and-how he has corrected and mitigated.all. staff objections:. Finally,.he_ felt that.the council's proposal to zone this one lot R -1, was really spot zoning. Mayor Schwartz declared..the.public.hearing closed. Councilman_Petterson stated he would support .the._recommended..R- 1 -S.due to the difficulty in developing.the property. He-felt access,.flooding, noise, etc. ' make this development-untenable. Councilman Jorgensen also supported the R -1 -S designation_ due to the problems inherent in the site. He felt the R -3 density was.too high with all the problems on the site. Councilman Settle supported the R -1 -S to.conform the land to.the General Plan. He felt this particular parcel had too many problems and agreed that the R -3 density was too high. The. council. suggested_ that the City Council might help the .property owner by zoning the.land to R -2, or allow.the property owner.to come up with a planned development to help develop the property, but not just destroy it by R -1 zoning. .Mayor Schwartz stated he supported the R -1 -S designation in order.to conform the zoning with the General Plan. On motion of Councilman Jorgensen,_.seconded by Councilman Settle, the following ordinance was introduced: Ordinance No. 792,..1978 Series,-an ordinance of the City of San Luis Obispo amending.the.official. zone map of -the city to rezone property at the south end of Brizzolara Stree between Stenner Creek and Highway 1019 to R -1 -S: Passed to print on the following roll call vote: ' AYES: Councilmen Jorgensen, Settle, Dunin, Petterson and Mayor Schwartz NOES: None ABSENT: None At 9:02 p.m., Mayor Schwartz declared a recess. At 9:15 p.m..,. the City Council reconvened with all councilmen present. 6C. 1300' Blocks of Higuera and Pacific Street between Johnson and Pepper from PO to R -2. Terry Sanville, Senior. Planner, presented.the recommendation of the Planning Commission in that they are still in support of their previous position recommending that the subject properties be rezoned from PO to R -2 and they felt the recommendation was consistent with the General Plan. He continued that the city staff agreed with.the Planning Commission that the land should be zoned to.R -2, medium density residential. Mayor Schwartz declared the public hearing open. Charles French,; representing .:.the..property.owner on.Higuera Street,-asked that. if the council is determined.to change the zoning from-PO,-he-urged that the zoning be changed to R 73. He stated that the area consists.of many old homes, that many of the property owners did not live on the street, and that future development.would be to office or R -3 uses. Mayor Schwartz declared the public hearing closed. The City Clerk reported that three property owners, Wilson, Hall and Kay, had called the city hall as of this date, urging the council to zone the property to R -2. .City...Council Minutes December 5, 1978 Page 7 The City Council unanimously - commented they would support.the R -2 designation. On motion.of:. Councilman- .Jorgensen,_seconded by Mayor._Schwartz.,_the following ordinance was introduced ...,.Ordinance..No.:793,_,1978, an ordinance of the City of San Luis Obispo amending the official.zone.map of the city to rezone property on Higuera and Pacific Street between Johnson Avenue-and Pepper Street to R -2. Introduced and passed.-to print.on the.following roll _call vote: AYES: Councilman Jorgensen, Mayor Schwartz, Councilmen Dunin, Petterson .and Settle NOES: None ABSENT: None 6D. Johnson, Mill, Peach and Pepper.Streets from R -3 to R -2. Terry Sanville, Senior.Planner, stated that the Planning Commission's vote on the proposed zoning was three to three, which technically means that the commission recommends that the proposed zoning be denied and that.the R -3 be retained.- He continued'that if the City Council favored the R- 3.zoning, they could initiate a General Plan amendment to medium -high density. He stated that the city staff continued to recommend R =2, minimum- density residential for this area. Mayor Schwartz,.declared the public hearing open Bill Sporleder,..1247 Mill Street, stated that.he.supported.th R -2 designation the best use of land in the area. He felt this was .a nice residential area and that there was no need for high density development in the neighborhood. . Ruth-Jensen, . 1358 Pismo Street, presented a petition signed by.84 residents _and 29 property owners in..the.area,.urging that the City Council keep the 1300 block of Peach Street.as.an R -3 zone. She warned the City Council that she would be quite unhappy if the council again changes the zoning. Earl Messer, 1306 Mill Street, stated -he again appeared before the City Council opposed to the R -2 proposal. He asked that the property stay R -3 as it has been for many, many years. .He.continued that 90% of the property owners in the effected area support the continuation of R -3 zone, not'the staff's recom- mended R -2 proposal. He felt this was a nice area and that the R -3 had not disturbed any of the property. Joyce Chaffin, Mill Street, supported the R -3 zone. She.felt.that prior council action to zone R -3 was satisfactory.and adequate for the area. Now the council is going to.R -2 based on the staff's recommendation. She felt that this property has been zoned to R -3 for over the 20 years which she has owned the property. She feels-that since the adjacent blocks are R -3, the whole area should stay at,that zoning classification. Mike Maino, Mill Street east of Petter Street, supported R -2 zoning for the entire neighborhood. He is opposed to-the-R-3 as the city does not enforce .parking restriction on R- 3.type developments and he felt that this would be a major problem in the area if they allowed higher density. Elizabeth Zevelly asked the council to zone the entire area to R -2 and conform the zoning to'.the General Plan. Margaret Brown, 1330 Mill Street, supported.the zoning to R -3 to protect the. land values and to improve the neighborhood, and to allow fair returns on the property owners investments. Pacey Denzie, 1340 Peach Street,.supported developments in the area to stay R= 3;tfelt -that the city does not understand the.neighborhood's desire to stay R -3. City Council Minutes December 5, 1978 Page 8 Charles Storni, 777 Johnson Avenue, stated-he was in.support of the R -3 zoning. He.felt the.neighborhood wanted the zoning to R -3 and as people make up the neighborhood,.not the city, the.zoning.classification. should be left to R -3. Mayor.Schwartz declared-the public hearing closed. Councilman Petterson.stated he supported the R -2 recommendation and supported the staff's reasoning-for the.proposed zoning. Councilman-Jorgensen stated he.also supported.the..R- 2,recommendation, felt the area should be developed to medium density in order to protect this fine neighborhood. Councilman.Settle stated he would support R -3 zoning as requested by the property owners in the neighborhood. He felt the R 73 has sufficient control on density and would not encourage large, high rise apartments. Councilman Dunin stated he too would support the R -3 zone and the neighborhood's request for this classification as he.felt people are more important to a city than the planning professionals opinions on zoning. Mayor.Schwartz felt.the issue was not one of individual property owners versus the city, but what the city council felt was proper density for -the entire neighborhood. He would support the R -2 zoning for the area and for the city. On motion of Councilman Jorgensen,_ seconded by.Councilman Petterson,.the following ordinance was introduced:..Ordinances No. 794, 1978_series, an ordin- ance of the City of San Luis Obsipo amending the official zone map of the city to rezone property on Peach, Mill and Pepper Streets.and Johnson Avenue, to R -2 designation. Introduced and passed to print on the following roll call vote: AYES: Councilmen Jorgensen, Petterson_and Mayor..Schwartz NOES: Councilmen Dunin and Settle ABSENT: None 7. At this time the City Council.considered the.-final passage of Ordinance No. 789., 1978.Series, an ordinance of the City of San Luis Obispo amending the official map to rezone 2300 Los Osos Valley Road to C -H -PD. Mayor Schwartz declared the public hearing open. No one appeared before the City Council for or against the.final adoption of the ordinance. Mayor.Schwartz,.declared the public hearing closed. On motion..of.Councilmaa Petterson,.seconded by Councilman Jorgensen, Ordinance No. 789 was introduced for final passage. Finally passed on the folloti?ing roll call vote: AYES: Councilmen Petterson, Jorgensen, Dunin, Settle.and Mayor Schwartz NOES: None ' ABSENT: None - 8. At this time the City Council again considered the Tentative Map 78 -154 to combine ten lots into four lots, 2490, 2492, 2494 and 2584 Victoria Avenue, M zone, and the old Pacific Coast.Railroad right- of- way,.applicant is Maino Construction Company, matter continued from the November 8, 1978.Council Meeting. 1 City.Council Minutes December 5, 1978 Page 9 Henry Engen,.. Community.Development.Director, again.reviewed..the proposed development and the.conditions that-were objected..to.by the.property owner which was full.street_improvements.(curb, gutter-..and.-sidewalk) shall be completed on the.Francis Street Frontage of the.subdivision and..that street paving could be.provided.by existing street paving to the new curb face. Mike Maino, representing.the.developer, objected to-the conditions to improve Francis Street..which...he felt..would not-be used. He stated he was-only .moving along with this proposal to-clear up-some of the old parcels on the Pacific Coast Railroad right -of -way which were adjacent to.these lots. He felt that by adding these small parcels of.the. old railroad right -of -way to the land, it would be a cleaner and better development for:the property owners involved. He felt that by putting in the street improvements as requested by the planning staff, it would make the project more expensive than the lots were worth. He also stated that if these were required, -he would not proceed with the development due to the cost involved. _ D.F. Romero, Public Services.Director, asked that the City Council-add condi- tion 6 to the resolution which had been agreed to by the developer which was a note to be placed on the final map showing-the existing-.city sewer easement within the Pacific Coast Railroad right -of -way. Mike Maino stated they. had. no ..objection.to..this.condition. After discussion by the City Council, the following-resolution was introduced: On. motion of Mayor Schwartz, seconded by Councilman Jorgensen, Resolution No. 3725, 1978.Series, a resolution.of the-Council of the City of San Luis Obispo granting approval of tentative minor subdivision 78 -154 located at 2490, 2492, 2494 and 2584 Victoria Avenue with the conditions amended as follows: 1) Curb and gutter shall be completed.on.the Francis Street Frontage of the .subdivision (proposed parcel Il3). Street paving shall be provided from existing street paving to new curb face. 2) No-change. 3) No change. 4) No change. 5) No change., 6) Added as follows: A note shall _be placed on the final map showing the existing city sewer.easement within the P.C.R.R. right -of -way. Resolution passed ... and..adopted on the following.roll call vote: AYES: Mayor Schwartz, Councilmen Jorgensen, Dunin NOES: Councilmen Petterson and Settle ABSENT: None CONSENT ITEMS C -1 On motion of Councilman Settle,,seconded by Councilman Dunin, claims against the city for the month of December, 1978 were approved subject to the review by the.Administrative Officer. Motion carried. C -2. On motion.of.Councilman Settle, seconded by Councilman Dunin, the following contract pay estimates and change-orders were approved and ordered paid. Motion carried. J.W. Bailey Construction Co. Est. Ill $799788.15 SINSHEIMER SWIMMING POOL Baker Corporation Est. Ill FINAL 1,585.00 (1/8/79) LAGUNA LAKE TREATED Est. Ill 14,265.00 EFFLUENT FORCE MAIN C.P. #B -29 City Council Minutes December 5, 1978 Page 10 Fred Julien & Associates Est. #2 FINAL WATERLINE INSTALLATION -- Est. #1 MISSION LANE C.P. #B -49 Fred Julien & Associates Est. #4 WATERLINE IMPROVEMENT PROJECT C.P. #B -38, B 739, B -40, B -41, B -42, and B -46 United Liquid Waste, Inc. Est. #1 EMPTY AND CLEAN NO. 1 SLUDGE DIGESTER C.P. #C -11 Lee Wilson Electrical Co. Est. #1 REVISIONS TO TRAFFIC SIGNAL - JOHNSON AVENUE AND LIZZIE STREET C.P. #B -37 Lee Wilson Electrical Co. Est. #4 FINAL TRAFFIC SIGNALS - JOHNSON Est. #3 AVENUE AND LAUREL LANE C.P. #B -07 1,343.25 (1/8/79) 12,089.25 17,330.22 8,869.50 7,719.21 4,060.40 (1/8/79) 3,654.36 C -3 Due to a typographical error in the proposed resolution declaring results of the November 7, 1978 election, the matter was continued to the next regular Council Meeting. C -4 Council consideration of a final.map.for.Minor.Subdivision No. 78 -221, located on.Santa.Rosa.Avenue.adjacent to Santa Rosa Park.was deleted from the agenda at the.request of the Engineer.Tom Baumberger. C -5 On motion-of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution.No..3726, 1978 Series, a resolution of intention to abandon a 20 foot public utility easement between Grove Street and U.S. Highway 101. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None C -6 On motion.of.Councilman Settle, seconded ...by.Councilman Dunin, the _following resolution was introduced: Resolution No. 3727, 1978 Series, a resolution of the Council of the City of San Luis Obispo approving an agree- ment with Bocce Ball Associates, 1304 Pacific Street, for the widening of Johnson Avenue. Passed.and.adopted on the following roll.call vote: AYES: Councilmen Settle, Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None C -7 .. On _motion.of..Councilman..Settle, seconded by.Councilman Dunin, the following resolution-was introduced: Resolution..No. 3728,_l 978 Series, a resolution of the Council of the City of San Luis.Obispo designating certain city officials to execute applications and documents under the provisions of the Federal Civil Defense Act of 1950; as amended. Passed and adopted on the following roll call vote: 1 1 1 City.Council Minutes December 5, 1978 Page 11 AYES: Councilmen.Settle, Dunin, Jorgensen,.Petterson..and Mayor Schwartz NOES: None ABSENT: None C -8 On motion. .of.Councilman_Settle,_seconded by Councilman Dunin, the following resolution . was introduced: .Resolution No. 3729, 1978 Series, a resolution of the Council of the City of San Luis Obispo-adopting a Police Department.Personnel...Manual of Rules and Regulations. Passed.and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, Petterson.and Mayor Schwartz NOES: None ABSENT: None C -9 On-motion of-Councilman Settle,_ seconded by..Councilman.Dunin, the Traffic Committee-minutes of July .7, 1978 and.November 3, 1978 and the Traffic Committee Quarterly Report.were ordered received and filed. Motion carried. BID ITEMS B -1 .The City Clerk reported.on.the following bids received for the JOHNSON MARSH STREET.STORM DRAIN; City Plan No. C =10, bids opened Friday, December 1, 1978. Bid estimate $54,692.00 including $6,292.00 for-contingencies. Fred Julien: &.Associates $36,308.00 910 Orcutt San Luis Obispo R. Burke Corporation $44,418.00 Post Office Box 957 San Luis Obsipo Walter Bros. Construction $46,480.00 Post Office Box 809 San Luis Obispo Conco Engineering, Inc. $49,163.00 Post Office Box 511 San Luis Obispo W.A. Gus Howie $53,663.00 1813.Marsha San Luis Obispo Boyd Construction Inc. $61,989.00 163 Ramona Drive San Luis Obispo Madonna Construction Company $63,180.00 Post Ofice Box 910 San Luis Obispo Wayne Peterson, City. Engineer,. requested._that.the.awarding_of these bids be continued to the.next meeting,.December 19, 1978,-or sooner if the easements have been procured by.the city. On motion.of_Councilman Jorgensen, seconded'by Councilman Settle,...the matter was continued to a time when the easement.is.procured. Motion carried. X. Leland Walton, Administrative Officer, presented for the council's consideration, a resolution which would.modify the street widening policy of the city. The.policy speeks.to the issue of responsibility when a property City:Council:Minutes December 5, 1978 Page 12 owner installs curb, gutter and sidewalk. .Mr. Walton.continued that historically each developer has installed the entire..street system within his development, but under past policy the city has assisted-in development by widening existing streets to new curbs using the same type of paving-as already existed in the center of-the street._..This.policy is not.only costly to the_"city and completely out.of the city..'s.control, but also perpetuates streets.which were not paved to.city standards. Mr. Walton. continued.-that. -the reason this is-before the. City Council is that recently, a.developer put in curb, gutter and-.sidewalk and.had the city pave out their street just prior to request for development of-the property. Those that wait until they get the use permits, etc. are then required to do the pave out themselves. He felt that the original intention of the street widening policy was to- encourage people..to install their improvements well in advance of their developments, thereby improving the street at an early date. It was not intended as a way for the city.to subsidize development of property. Therefore, he recommends that the City Council consider the amending resolution. The.City.Council.then held .a.lengthy.discussion..with.the administrative officer and-the city- engineer ...dealing. with ..some..of• the conditions in. the proposed amending resolution. After.discussion, the matter was continued.for staff amendments to the Droposed street widenink policy amendment. At this time the City Council adjourned to an Executive Session at 10:40 p.m. They reconvened in Regular Session at 10:50 p.m. There being.no further business to come before the City Council, Mayor Schwartz adjourned the meeting.to Tuesday, December 12, 1978, at 7:30 p.m. APPROVED: January 2, 1979 F a rick, City Clerk M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, DECEMBER 12, 1978 - 7:30 P.M. COUNCIL HEARING ROOM, 990 PALM STREET STUDY SESSION Roll Call Councilmen PRESENT: Ron Dunin, Jeff Jorgensen, Steve Petterson, Allen Settle and Mayor-Kenneth E. Schwartz ABSENT: None City Staff PRESENT: Leland Walton, City Administrative Officer; George Thacher, City Attorney; J.H. Fitzpatrick, City Clerk; Henry Engen, Community Development Director; Terry Sanville, Senior Planner; Glen Matteson, Assistant Planner; Wayne Peterson, City Engineer; Jim Stockton, Director of Parks and Recreation; Joyce Levin, Recreation Supervisor. Jack House Committee Member PRESENT: E.J. Fabbri, Carleton Windlow, Jr., E. Wesley Conner, Ethel Cooley, JoAnn Levin and Katchy Von Stein.