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HomeMy WebLinkAbout02/06/1979City Council Minutes February 6, 1979 Page 2 A. Vice -Mayor Petterson presented a resolution of the City Council of appreciation and recognition of the services and accomplishments of Captain Don E. Englert of the San Luis Obispo Police Department for just completing a rigorous 11+ hek training session at the F.B.I. Academy at Fort Quantico, Virginia, achieving an overall score of 94 %. Councilman Dunin left the meeting due to a possible conflict of interest. 1. The City Council held a public hearing on the provisions of Resolution No. 3746 (1979 Series), a resolution of intention to vacate a water line easement. Vice -Mayor Petterson opened the public hearing. No one appeared for or against the abandonment. Vice -Mayor Petterson closed the public hearing. On motion of Councilman Settle, seconded by Councilman Jorgensen, the following resolution was introduced: Resolution No. 3764 (1979 Series), a resolution of the City of San Luis Obispo City Council finding that a water line ease- ment is unnecessary for present or prospective public use. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Jorgensen, and Petterson NOES: None ABSNET: Councilman Dunin and Mayor Schwartz Councilman Dunin returned to the meeting and took his place at the council desk. 2. At this time the City Council held a public hearing on the appeal of a Planning Commission decision denying Use Permit No. U -0722 requesting office use on the first floor of 705 Higuera Street, C -4 zone, Richard L. Nelson, applicant, and Michael P. Whitfield, agent. Henry Engen, Community Development Director, reported that on January 10, 1979, the Planning Commission unanimously denied the request, notwithstanding the applicant's attempt to seek shared use by the Central Coast Craft Coalition to provide a year round pedestrian - oriented use at the ground floor level. The Commission recommends on a 6 -ayes, 0 -noes, 1- absent basis that the City Council deny the request for an income tax preparation office on the first floor of an existing downtown retail building. The City Clerk reported to the City Council that he had received a message, second hand, that the applicant had asked to either have the matter dropped from the agenda or continued for further discussion. Councilman Jorgensen stated that he had been contacted by telephone from a representative of the Central Coast Craft Coalition stating that they were no longer interested in becoming involved in this particular rental. Vice -Mayor Petterson opened the public hearing. No one appeared before the council for or against this appeal. Vice -Mayor Petterson closed the public hearing. Councilman Dunin moved that the matter be dropped from the agenda. Motion lost for lack of a second. On Motion of Councilman Jorgensen, seconded by Councilman Settle, that the City Council deny the appeal of an action of the Planning Commission. Motion carried on the following roll call vote: City Council Minutes February 6, 1979 Page 3 AYES: Councilmen Jorgensen, Settle, Dunin, and Petterson NOES: None ABSENT: Mayor Schwartz 3. At this time the City Council held a public hearing to consider an appeal of a Planning Commission decision denying a request to amend the South ' Street Specific Plan, Robert Strong, applicant for Gann Investments, developer. Rob Strong, Planning Consultant for the developer, stated that he was appealing the fact that neither he or the principles had not been notified when the City Planning Commission were going to hold their public hearing on their request to amend the Specific Plan. Had they received information, they would have attended and possibly, by discussion, they could have brought out their points for amending the Specific Plan. Rob Strong suggested that rather than overturn the Planning Commission's action, that the mattet be returned to the Planning Commission for full exposure at a public hearing. Terry Sanville, Senior Planner, Community Development Department, stated that contrary to the comments made by Robert Strong, the notice was sent to both Robert Strong, consultant and Gann Investments, the developer; and it was not their fault that the mail was not delivered. He also felt that unless new information were presented to the City Council, the council should hold a hearing and accept the recommendation of the Planning Commission to deny the amendment. Terry Sanville continued that the Gann Investment firm had applied for an amendment to the South Street Specific Plan. Such amendments would make several changes to land use designations: 1. Reduction of maximum allowable density on King Street; 2. Change the density from multifamily to recreation; 3. In exchange for lowering the maximum allowable density in one part of the specific plan, the applicant maintains there is justification for adding to the total residential area, in part by converting about one - third of an acre from "greenbelt" to multifamily; and - 4. The rest of the compensation for lowered maximum density occurs where half an acre of natural open space, at the foot of the hill and strad- dling an intermittent creek, was proposed to be changed to medium- density residential. Terry Sanville felt that the change was contrary to the whole planned development approach of transferring development potential from areas of great environmental sensitivity to areas of less sensitivity. He stated that on February 17, 1979, the Planning Commission, on a 6 to 0 vote, denied the proposed amendment and now the applicant has appealed that denial to the council. R. Strong stated he felt that the Planning Commission should be allowed to hear the full presentation by the developer and his representative and not just make decisions based on planning staff opinion of the proposal. Charles Andrews, Chairman of the Planning Commission, stated he felt the Planning Commission had reviewed the developer's proposal as presented. He felt the Planning Commission has had this development under consideration for the past four years, and they were aware of all the tract's problems. Councilman Settle stated it would be his feeling to refer the matter to the Planning Commission for a review with the developer. Councilman Dunin agreed that this would be a fair approach. Councilman Jorgensen felt the council should hear the appeal this evening on its own merits and not refer it back to the Planning Commission. City Council Minutes February 6, 1979 Page 4 Councilman Petterson stated he felt the Planning Commission should have input from the developer on this tract as it is not just a one shot deal but it is a long term improvement and development of an area. On motion of Councilman Dunin, seconded by Councilman Settle, the matter was referred back to the Planning Commission for their review. ' Motion carried on the following roll call vote: AYES: Councilmen Dunin, Settle, and Petterson NOES: Councilman Jorgensen ABSENT: Mayor Schwartz 4. At this time the City Council held a public hearing on the recommenda- tion of the Planning Commission to consider a Level I, Ordinance 604 -A water and sewer deficiency in conjunction with a request to rezone approximately six acres at 100 Madonna Road from A /C -20 (agricultural /conservation, 20 acre minimum lot size) to C -T (tourist - commercial), Alex Madonna applicant. Henry Engen, Community Development Director, stated on this 604 -A determination for sewer and water that there were no public sewer or water facilities presently serving the six -acre area; and that the ordinance requires determination that the city's resources are not.or will not be overloaded by development of the subject site. The Planning Commission, after hearing, found that the development of the site, based on the proposed zoning, could be adequately accommodated without overloading the city's Level I resources which would exist prior to the development. D.F. Romero, Public Services Director, stated that he believed the staff of the Planning Department were being over zealous in applying this ordinance ' to this rezoning. He stated that as he read the ordinance, it was intended to apply only to the overburdening of city facilities. The question in this matter is whether facilities on the private property would be adequate after the rezoning.. He continued that if the City Council found that the ordinance should be applied in this particular case, he would agree with the staff and commission recommendation that the sewer and water facilities serving the site were adequate or could be made adequate prior to development. Vice -Mayor Petterson opened the public hearing. No one appeared before the City Council for or against the 604 -A deficiency. Vice -Mayor Petterson declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Dunin, that the City Council accept the recommendation of the Planning Commission and find that this development can be adequately accommodated without overloading the city's resources. Motion carried on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, and Petterson NOES: None ABSENT: Mayor Schwartz 5. Councilman Jorgensen left the meeting due to a possible conflict of interest. At this time the City Council held a public hearing to review the new Parking and - Driveway Standards recommended by the Planning Commission to replace the current Parking Regulations, Section 9200.16.1 of the City's Zoning Regulations. City Council Minutes February 6, 1979 Page 5 Terry Sanville, Senior Planner, stated that after the January 16, 1979, meeting where the City Council recommended several changes to the draft Parking and Driveway Regulations, the matter was again reviewed by the Planning Commission. On January 24, 1979, the Planning Commission reviewed the regulations and focused on the changes made by the council. After this study, the Planning Commission recommends that Parking and Driveway Standards be adopted as amended by the City Council with the exception of.one item. The Planning Commission continues to recommend that both new office development and office conversions be served I by a driveway at least 10 feet wide. Vice -Mayor Petterson opened the public hearing. Vic Montgomery, architect, appeared before the City Council stating he hopes in the future that some consideration would be made to the term "tandom parking in parking lots." Although he did not wish to hold up this much needed revision to the ordinance. Vice -Mayor Petterson closed the public hearing. On motion of Councilman Settle, seconded by Councilman Dunin, the following ordinance was introduced: Ordinance No. 797 (1979 Series), an ordinance of the City of San Luis Obispo amending Article IX, Chapter 2, of the Municipal Code, Section 9200.16.1, Parking and Driveway Regulations. Introduced and passed to print on the following roll call vote: AYES: Councilmen Settle, Dunin and Petterson NOES: None ABSENT: Councilman Jorgensen and Mayor Schwartz Councilman Jeff Jorgensen returned to the meeting and took his place at the I council desk. 6. On motion of Councilman Jorgensen, seconded by Councilman Settle, the following ordinance was introduced for final passage: Ordinance No. 796 (1979 Series), an•-6rdinance of the City of San Luis Obispo amending the official zone map of the city (to rezone property at 2895 South Higuera Street city initiated rezoning) Villa Fontana. Finally passed on the following roll call vote: AYES: Councilmen Jorgensen, Settle, Dunin, and Petterson NOES: None ABSENT: Mayor Schwartz 7. The City Council considered Minor Subdivision No. 78 -86 - Hacienda Hospital. (Continued from November 8, 1979) Henry Engen, Community Development Director, stated that the owners of the Hacienda Hospital wish to divide their property to create two additional lots which would be sold for residential development. The City Council con- sidered a proposed division in the fall of 1978 and did not like the variance implications of the proposal and there were also concerns about building homes on this portion of the property. On November 8, the council referred the minor subdivision to the Planning Commission for re- design. He continued that the Planning Commission voted four to one to deny the re- design of the minor subdivision which moved the rear lot line 20 feet to obtain the technically required depth. However, a maintenance easement granted to the convalescent home parcel for this area would have the affect of the originally rejected proposal. Therefore, the Planning Commission again request that the City Council not approve the requested minor subdivision. City Council Minutes February 6, 1979 Page 6 The City Council also considered a letter from Irving W. Petersen, attorney for Flagg Industries, owners of the Hacienda Hospital and subdividers of the proposed development, which briefly stated that he felt the property owners had met all the requirements of the various codes and ordinances of the city and that the City Council should approve the minor subdivision. Councilman Jorgensen felt that the original development of the hospital in 1972 received a use permit for a hospital which included the entire parcel, which is now proposed for development into A, B, and C. He felt that any change in that parcel would amend the action taken in 1972. In addition, he felt the hospital was sited on the parcel in order to give the patients an opportunity for open space and for viewing outside the windows. Also, it was Councilman Jorgensen's feeling that a variance of this type or an approved subdivision was in violation of the Subdivision Map Act of the State of California and finally would include too much density adjacent to the hospital. George Thacher, City Attorney, stated that when a proposed subdivision complies with zoning, area, size, improvement and other applicable rules and regula- tions of the city regulating the subdivision and development of land, a tentative or final map shall still be denied upon a finding of certain conditions as set out in Section 66474 of the Government Code. Mr. Thacher reviewed those conditions with the council. He also reviewed the fact that Hacienda Hospital was operating under a use permit issued in 1962 and that, arguably, the use permit was issued with the implicit condition that the whole of the property shall be utilized for hospital purposes; and, that a split of the property for a separate use would violate the implicit condition and the spirit of the issuance of the use permit. Orloff Miller, Human Relations Commission employee, stated that he was opposed to the minor subdivision.due to the encroachment.of housing onto the inhabitants of the convalescent hospital. He felt that human needs in this case should be considered, not only profit for additional development. ' Councilman Settle stated he felt this was a poor use of land and a poor develop- ment. He felt there was insufficient room for the proposed development and density, that the density adjacent to the hospital would be too high, and that there were too many problems with the property to allow this development. Councilman Dunin agreed that this was a poor use of land and that he would support the Planning.Commission's recommendation. He felt the proposed use was incompatible with the adjacent hospital uses. Councilman Jorgensen stated he agreed with both Councilmen Settle and Dunin. He felt . this was a poor use of land next to the hospital, that it was a negative effect on the inhabitants of the hospital, and would be detrimental to hospital use. He felt housing should be developed based on the subdivision requirements and not on exceptions in variances. Councilman Petterson agreed with the other councilmen's comments, felt the R -2 use would be in conflict with the hospital use, and felt the original use permit for the hospital should endure to allow open space around the hospital for the patients. On motion of Councilman Jorgensen, seconded by Councilman Settle, the City Attorney, George Thacher, was directed to prepare-an appropriate resolution listing the conditions stated by the City Council for denial, with the resolu- ton brought back to the council on February 20, 1979. Motion carried on the following roll call vote: AYES: Councilmen Jorgensen, Settle, Dunin, and Petterson NOES: None ABSENT: Mayor Schwartz City Council Minutes February 6. 1979 Page 7 8. Request.from Cal -Coast Cons.truction..for council approval.of a portion of the improvements to.Tract.No::.592,'namely, the San Luis Creek area; and_that -the one year warranty..period..for landscaping .be..started. with the filing . of -a $55;000 bond to .guarantee replacement of any plants that die during that period. D.F. Romero, Public.Services.Director., stated.that. the contractor for..the creek improvement work'had_ substantially completed the improvements- and-that the city could accept the one year warranty..period. for the landscaping at this time, and.he so..recommended. George Thacher,,City.Attorney, reviewed for the City Council any future city liability for creek grading as.part.of Tract 592 subdivision. . . . On motion of Councilman Jorgensen, seconded by-Councilman Settle, the City Council -begin the one.year warranty period on the -creek landscaping in Tract 592, subject 'to. filing of x.$55,000 bond guaranteeing the improvements. The one year period-would begin.with.filing of the.$55,000.bond. . Motion carried.on the.following roll.-call vote:.. AYES: Councilmen Jorgensen,'Settle, Dunin, and Petterson .NOES: None ABSENT: Mayor.Schwartz 9. A..request to -lease city property by KATY Radio was continued-on motion of Councilman.Jorgensen, seconded.by. Councilman Settle, to February 20, 1979 as requested-by the applicant. .Motion carried. 10. A communication .from- Leland.Kirby..and- Robert Muriset requesting permission to-connect to the City's sewer and water system planned to go through their property which is located outside the City.limits. Mrs. Kirby .appeared before the City Council stating . they were attempting to develop a• recreational complex on 20 acres on Broad Street adjacent to the airport. She - stated the property has been rezoned.and the subdivision has been approved.by the County._Board of Supervisors. Since the property is outside the City limits,'the developers „were.required to construct a sewer plant and provide adequate fire.control for the subdivision. The estimated cost is $130000 not including the two acres.of land that would be..needed for leaching purposes. Part of•the subdivision requirements was that they would be required to abandon the "system when community sewer and water..were available. She continued that this is not a problem until they were made aware recently that community service to the- area.was_evident.in. the near- future to accom- modate the needs of the airport,- country..club,.and Rolling.Hills.Estates, and -that the service when provided would include the whole basin. A capital expense in this amount, and the likelihood-of abandoning the system within one to two years, plus the additional expense of connecting to the community system, gave them great concern.. They were especially.concerned with the additional costs•.and time required for .changing the system over from private sewer system to.connecting to-the public system. She stated that the county is currently seeking an easement through their property to provide water and sewer to.the airport. For.-the above reasons, she and her partners have requested as -a condition of easement that they be allowed to hook into -the new.system.....The County. Board of Supervisors supported the request on Monday, November 27, 1978.and the "City Parks and Recreation Commission supported the proposed project at their meeting on December 6, 1978. Therefore, they are requesting that the City Council grant the owners of Tract 712 the right to hook into a new sewer and water.system and support an amendment to the agreement with the county which would give the county permission to grant Tract 712 sewer and water service from the new system. City Council Minutes February 6, 1979 Page 8 Henry Engen, Community Development Director, stated that Leland Kirby and Robert Muriset had received approval from the county for a commercial recreation project including racquet ball courts, skateboard park and roller skating rink on parcels in Tract.712 on Highway 227 outside the city. They are asking, as a condition of an easement request needed to serve the county airport, that the council grant them city sewer and water service. He stated it was the staff's position that the request was contrary to both the city's General Plan and the City - County Agreement for servicing the ' county airport, and should therefore be denied. . Fred Land stated he was in support of the Kirby /Muriset plan for recreation for the greater San Luis Obispo area. He felt that recreation was needed for youth in the community. He gave the council some input from his years of experience with penal institutions where he felt that if youngsters had been given an opportunity to take part in activities such as these, maybe they would not have ended up in state prison. Upon question, a letter from the Park and Recreation Commission was submitted into the record stating that they supported the development of private recre- ational facilities as proposed by Kirby /Muriset; but that the Park and Recrea- tion Commission recognized the scope of their responsibility and did not wish to get involved in land use and city service connections. Also a letter from the Department of Public Health recommending that the City Council allow this recreational facility to connect to the city's water and sewer system. D.F. Romero, Public Services Director, stated that it was his recommendation that the city indicate its willingness to accept sewage and provide water service to Tract 712, that the staff be directed to prepare a master plan for sewer and water service to this area of the community, and that a committee composed of staff and councilmen study the reasonableness of attempting to annex property in this area in order to control the quality of development. He then submitted for the council's consideration, various documents dealing with the waste water treatment grant presently under development by the city. Charles Andrews, Planning-Commission Chairman, stated he felt any city utilities extended outside the city should have the utility tax added to it in order to help defray the costs of the utility. Russ Johnson, property owner, stated he supported the Kirby /Muriset recre- ational plan for the young people of the community. He felt if the council would give sewer to private parties on the airport, the council should allow this recreational plan to also have sewer and water. He felt there was something funny in granting private parties utilities in one area and not in property adjacent thereto. Mr. Martin, realator, stated he supported the recreational plan of Kirby and he supported utilities for this development. He felt the.city has made no real attempt to provide decent recreation for the young people of the area. Councilman Settle stated that he was in support of recreation for young people, but he did not wish to extend the city utility service outside the boundaries of the city. He felt the voters in the city have voted against any additions of land to the city and on that basis, any-addition of service outside the city, would be at the expense of the city taxpayers which is apparently ' what was not desired. He felt the voters did not wish to make this expendi- ture. He also stated that the vote on water importation was so close, he felt no one apparently wishes additional water. He felt faced by the voters actions on annexations and water importation, he could not support this request, although he felt this was a good proposal. Councilman Dunin stated he would support recreation for the area. While he realizes that th-e city faces a possible water shortage, he also felt that for 14 years this city and its council has done nothing to help the young people by providing decent and wholesome recreation. He felt the proposed use was one that would be a good use for the city utilities. He would support extending it in this case and grant the utilities. City Council Minutes February 6, 1979 Page 9 Councilman Jorgensen felt that the city's General Plan restricted all exten- sions of utilities outside the city limits, except that the council, by agreement, contracted with the county to supply water and sewer to the air- port tenants. He felt the county was wrong in encouraging this'developer to come to the city for exceptions to construct utilities in the area. Finally, he felt it was illegal and in violation of the General Plan to extend service outside the city. He felt that both the City Council and County Board of Supervisors should look at future developments and he would deny the request even for such a good proposal. Councilman Petterson agreed with Councilmen Settle and Jorgensen. He stated this was not the first time the council has denied a request for utility service in the general area. He would continue to support the city policy by denying service outside the city. On motion of Councilman Settle, seconded by Councilman Jorgensen, that the application of Kirby and Muriset be denied due to the city policy and its inconsistency with the city's adopted General Plan. Motion carried on the following roll call vote: AYES: Councilmen Settle, Jorgensen and Petterson NOES: Councilman Dunin ABSENT: Mayor Schwartz 11. Henry Engen, Community Development Director, reported to the City Council on the action of the Planning Commission regarding a sign ordinance amendment regulating price on signs. He stated that at the January 24, 1979 Planning Commission, on a 6:0:1 vote, the Commission recommended no change to the sign ordinance, and if the City Council concurs with the Commission's recommendation- 4.I1ich reflects the spirit of the Design Review Board's recommendation- -the council would simply let the existing moratorium expire. Charles Long, Motel /Hotel Owners Association, spoke in support of allowing prices on signs in the city. He felt that with times getting tougher, that competition would require signs to contain price so that people could shop around for the best deal. He also spoke out and objected to the time it takes to process a sign permit through the various city bureaucracies. He listed an experience he had personally where it took a great number of trips to City Hall to get a very simple sign permit. On motion of Councilman Jorgensen, seconded by Councilman Settle, that the City Council accept the recommendation of the Planning Commission and let the existing sign moratorium expire on March 8, 1979. Motion carried on the following roll call vote: AYES: Councilmen Jorgensen, Settle, Dunin and Petterson NOES: None ABSENT: Mayor Schwartz 12. On motion of Councilman Jorgensen, seconded by Councilman Settle, the following ordinance was introduced to print: Ordinance No. 798 (1979 Series) an ordinance of the City of San Luis Obispo amending the Municipal Code Article VIII, Chapter 7, Swimming Pool and Dock Regulations. Introduced and passed to print on the following roll call vote: AYES: Councilmen Jorgensen, Settle, Dunin and Petterson NOES: None ABSENT: Mayor Schwartz 1 1 1 City Council Minutes February 6, 1979 Page 10 13. Communication from Allan R. Ochs, 1401 Chorro Street, with suggestions for improvements to the - proposed Swazey Street paving plans, was referred to the city staff for inclusion in those plans. On motion of-Councilman Settle, seconded by Councilman Dunin, the matter was referred to staff for review and inclusion into the plans. Motion carried on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen and Petterson NOES: None ABSENT: Mayor Schwartz 14. On motion of Councilman Jorgensen, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3765, (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the city and Grass Roots II to support its program through June 30, 1979. ($21,913.00) Passed and adopted on the following roll call vote: AYES: Councilmen Jorgensen, Settle, Dunin, and Petterson NOES: None ABSENT: Mayor Schwartz 15. A proposed presentation by W..Andrew Baldwin, Legal Director for Friends of the Earth, regarding new data concerning Diablo Canyon Nuclear Power Plant was continued to later in the meeting if he were to arrive. ' 16. On motion of Councilman Dunin, seconded by- Councilman Settle, plans and specifications for DRAINAGE CHANNEL LINING (OLD GARDEN CREEK), CITY PLAN NO. C -20, Felton Way to north of Highland Drive, total cost including contingencies and engineering fees $139,343.00, ($110,000 budgeted in the 1978/79 budget), were approved and the staff was authorized to call for bids. Motion carried an the following roll call vote: AYES: Councilmen Dunin, Settle, and Petterson NOES: Councilman Jorgensen ABSENT: Mayor Schwartz 17. On motion of Councilman Jorgensen, seconded by Councilman Dunin, plans and specifications for SANTA ROSA PARK AND SANTA ROSA STREET SEWER, CITY PLAN NO. C -16, bid estimate $45,595 including contingencies; City's cost $30,595; Developer's cost $15,000, were approved and the staff was authorized to call for bids. Motion carried on the following roll call vote: AYES: Councilmen Jorgensen, Dunin, Settle, and Petterson ' NOES: None ABSENT: Mayor Schwartz 18. At this time the City Council.considered the following recommendations of the City's Mass Transportation Committee. City Council Minutes February 6, 1979 Page 11 1. That the City Council pass a motion recommending that the North Coastal Transit System Board recognize all passengers having an origin or destination outside the limits of any City be considered a regional responsibility, rather than the responsibility for that of the City. (This action would consider Cal Poly as being part of the City of San Luis Obispo. On motion -of Councilman Petterson, seconded by Councilman Settle, the ' following resolution was introduced: Resolution No. 3766, (1979 Series) a resolution of the Council of the City of San Luis Obispo stating its position regarding the designation of certain passengers on the North Coastal Transit System. Passed and adopted on the following roll call vote: AYES: Councilmen Petterson, Settle, Dunin, and Jorgensen NOES: None ABSENT: Mayor Schwartz 2. Mass Transportation Committee requests that the Council ask the North Coastal Transit System Board to restructure the route between Morro Bay and San Luis Obispo so as to provide service in both directions via Cal Poly Campus. On motion of Councilman Settle, seconded by Councilman Jorgensen, the City Council requests the North Coastal Transit Authority to restructure their routes between the coast and San Luis Obispo in order to provide service in both directions via the Cal Poly Campus. Motion carried on the following roll call vote: AYES: Councilmen Settle, Jorgensen, Dunin, and Petterson ' NOES: None ABSENT: Mayor Schwartz 3. On motion of Councilman Jorgensen, seconded by Councilman Dunin, Jeff Wright, student from Cal Poly, was appointed as a member of the Mass Transit Committee to fill the vacancy of Scott Wilson who resigned. Motion carried on the following roll call vote: AYES: Councilmen Jorgensen, Dunin, Petterson, and Settle NOES: None ABSENT: Mayor Schwartz CONSENT ITEMS C -1. On motion of Councilman Settle, seconded by Councilman Dunin, claims Councilman Dunin, the against the city for the month of February, 1979 were approved and ordered Motion carried. paid. Motion carried. J.W. Bailey Construction Co. C -2. On motion of Councilman Settle, seconded by Councilman Dunin, minutes ' of the meetings of January 9, 15, 16, and 23, 1979 were approved as presented. Motion carried. C -3. 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. 112 $ 4,345.16 FIRE STATION #4 Est. #13 FINAL 24,065.58 (3/12/79) City Council Minutes February 6, 1979 Page 12 J.W. Bailey Construction Co. Est. #9 20,602.30 SINSHEIMER SWIMMING POOL R. Baker Construction Co. Est. #1 24,855.52 WATERLINE IMPROVEMENT PROJECT City Plan No. #C -03 W.A. Gus Howie Est. #2 2,129.40 ' JOHNSON AVENUE WIDENING - EASTERLY SIDE- HIGUERA TO MARSH City Plan #C -01 Southern Pacific Milling Co. Est. #2 3,617.89 STREET RESURFACING PROJECT City Plan #C -09 C -4. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3767 (1979 Series), a resolution fo the Council of the City of San Luis Obispo approving an agreement between the City and San Luis Coastal Unified School District for Amendment No. 2 to Community Recreation Agreement for Community Recrea- tion Facility at Sinsheimer Park. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, and Petterson NOES: None ABSENT: Mayor Schwartz C -5. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3768 (11379 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Mohle, Perry and Associates for consultant services associated with widening of Higuera Street and the realignment of of South Street to join Madonna Road. Estimated cost - $21,600.00. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, and Petterson NOES: None ABSENT: Mayor Schwartz C -6. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3769 (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Robert Davidson outlining conditions of use of accessory structures (garage and bath at 1051 Buchon Street). Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, and Petterson I NOES: None ABSENT: Mayor Schwartz C -7. A recommendation from the City Engineer to install two -hour meters on the easterly side of Santa Rosa Street between Monterey and Mill Street was continued on the request of the City Administrative Officer to February 20, 1979. C -9. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3770 (1979 Series), a resolution of the Council of the City of San Luis Obispo accepting the off - site improvements in Tract No. 639 (Pereira and Madonna Road; Day and Night Construction, Inc.). City Council Minutes February 6, 1979 Page 13 Passed and adapted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, and Petterson NOES: None ABSENT: Mayor Schwartz C -10. On motion of Councilman Settle, seconded by Councilman Dunin, the ' following resolution was introduced: Resolution No. 3771 (1979 Series), a resolution of the Council of the City of San Luis Obispo granting final approval of Parcel Map SLO -77 -46 located at 2413 and 2415 South Broad Street. Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, and Petterson NOES: None ABSENT: Mayor Schwartz C -11. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 3772 (1979 Series), a resolution of the Council of the City of San Luis Obispo increasing capital improvement fund appropriations for the 1978/79 fiscal year, Sinsheimer -- Vidar parking lot, $25,500.00 Passed and adopted on the following roll call vote: AYES: Councilmen Settle, Dunin, Jorgensen, and Petterson NOES: None ABSENT: Mayor Schwartz ' NOTE: C -11. On motion of Councilman Jorgensen, seconded by Councilman Settle, that the funds for the Vidar parking lot would be the savings from bid no. B -1, Exposition Park Phase I, and the General Fund Reserve. Motion carried on the following roll call vote: AYES: Councilmen Jorgensen, Settle, Dunin, and Petterson NOES: None ABSENT: Mayor Schwartz C -12. On motion of Councilman Settle, seconded by Councilman Dunin, the request of Gann Investments.for time extension to file final map for Tract 687, Woodbridge Park; 12 -month extension for Phase 2 and 18 -month extension for Phase 3 be approved. Motion carried on the following roll call vote: AYES: Councilman Settle, Dunin, Jorgensen, and Petterson NOES: None ABSENT: Mayor Schwartz ' BID ITEMS: B -1. The City Clerk reported on the-following bids received for EXPOSITION PARK, PHASE I-- IRRIGATION SYSTEM AND TURF, CITY PLAN NO. C -21. Karleskint -Crum, Inc. $39,805.00 225 Suburban Road San Luis Obispo, CA 93401 City Council Minutes February .6, 1979 Page 14 Naturescapes Inc. $40,000.00 3900 East Whiteside Street Los Angeles, CA 90063 Heatherwood Landscaping Inc. $45,899.00 _ 1328 West.Betteravia Road Santa Maria, CA 93454 ' On motion of.Councilman. Dunin,.- seconded_by:Councilman Settle,.the.following resolution was .introduced:..Resblution.No.. 3773 (1979 Series), a.resolution ...of the.Council of the City of San Luis.Obispo accepting bid and awarding a contract: Project: C -21, "Exposition Park, Phase I ".to Karlesking -Crum, Inc. Motion carried on the following roll call vote: AYES: Councilmen Dunin, Settle, Jorgensen, and Petterson NOES: None ABSENT: Mayor Schwartz B -2. On motion of Councilman .Settle,. peconded by Councilman Dunin, the ,.City Council accepted the- low..bids received from"the. .various companies supplying chemicals to the City.for the calendar year 1979.. .Motion carried. 15. Vice -Mayor Petterson again-asked if W. Andrew Baldwin.of the Friends of the. Earth was.present. He.was.not, therefore, on motion of Councilman Settle, seconded by Councilman Dunin, the matter was continued.to some future study session when Mr'.:.Baldwin could be .present. Motion carried on the following roll call vote:.- , AYES: Councilmen Settle, Dunin, Jorgensen, and,Petterson NOES: None ABSENT: Mayor Schwartz A. The City Council adjourned to Executive-Session at.9:40 p.m. B. The.City.Council reconvened in.Regular. Session and.Vice -Mayor Petterson adjourned the meeting at 9:50 p.m. to Tuesday, February 13, 1979, at 7:30 p.m. . APPROVED: April 3, 1979 6_�`�� 9: __itzpatrick, City Clerk -- M I U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, FEBRUARY 13, 1979 -- 7.,:30 P.M. COUNCIL.CHAMBERS; CITY -HALL, 990 PALM STREET SAN LUIS OBISPO; CALIFORNIA Roll Call Councilmen PRESENT: Ron Dunin, Jeff Jorgensen, Mayor Kenneth E. Schwartz, and Allen Settle