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HomeMy WebLinkAbout02/05/1980City Council Minutes February 5, 1980 - 4:OO.p.m. Page 2 1. George -R. Cover, partner in the firm Of Ernst and.Whinney, independent auditors for.the City of San Luis Obispo, - submitted-- the.audit.report.for -the fiscal year July 1, 1978 through -June 30,::1979. They also submitted a management letter on recommended improvements or changes to the administration of the' - finance operation. Mr. Cover continued that in their firm's opinion, the financial statements in the audit report shown_ as 'iaudited .financial.statements'.' - present financia positions.of the various funds:of:the.City of San Luis Obispo at June 30, 197 ...and the results of operations of such.funds for the year then ended,.and conformed with -the generally accepted accounting - principals applied on the basis.consistent with-that of-the preceding year. He. stated that the city had not maintained_a record of general fixed - assets and accordingly, a statement-of general fixed assets - required by.generally accepted accounting principals.was not included in the financial. .statement.. Detailed records are not maintained-in support of the recorded'amount.of'fixed assets and Whale Rock investments.in.the enterprise funds nor of depreciations caused thereon. Because they were.unable to..satisfy'themselves by appropriate audit tests or by other means as .a result of such incomplete records and because the.amount.of.fixed assets and depreciation have a material effect on the financial position and results operation of the enterprise funds,-they were unable to express an- opinion on. the accompanying financial statements of.the enterprise funds. On motion of.. Councilman- Dunin,.seconded.by.Councilwoman Billig, that the City Council receive the.audit report ..and.management.'letter..at. this time with the staff to prepare comments at.the first available council study session for council information. Motion carried. 2. The_Business- .Improvement Area:reported.on progress.on the proposed downtown parking program... .. Jerry Munger, parking committee chairman for the BLA,.presented a progress a report on a.proposed downtown.parking program.: He stated.that.they now have a 40% sign-up-and that.a number.of corporate - property.owners.have promised to..sign but that..their:management has not,.to.date, approved this. When these signatures are received, they will have 40% of the proposed district signed up and committed for funds. He also reviewed a map for the council'of.the'district boundaries showing in various colors those supporting the program, opposing the program and.those that have no opinion. Ken .Porche, member of the BIA;'.felt.that.thd business establishments..have pushed the parking program.. It has..taken_'four.years.to this.date,.and they feel now it is.up to -the city government.and county government.to.take over and.pitch in and start with parking. He felt that if the city was ever going to.get onto parking facilities and structures, that the merchants are ready to pay their share but now he felt it was up to the city. Jim French, in..support..of_ the BIA program, hoped.that the city -would now take hold and start construction. Councilman Dunin stated that.he.would.drop the..mission property from consideration. He also.fel.t..that.the.BIA should.develop some .formula for the program . and to include .a. partial participation by the city. He questioned whether the..county..government would be participating in this development at this time. He also appreciated the hard work done by the .BIA on this project to date. He concluded by stating he supported the .construction.of.two.parking structures.with two lots at surface level if needed at a later date. Councilwoman Billig thanked the BlA for the work done on this petition. .She felt the city should move ahead with'staff.to get-cost.-estimates on work to be done, including assessments for each property. She also felt City Council Minutes February 5, 1980 - 4:00 p.m. Page 3 the city should start with one structure before starting on the second one. She felt the second structure should be on Nipomo Street, not Pacific Street, as this is where the city is growing. She hoped the people realized what is happening to city revenues due to the various state initiatives. Councilman Jorgensen stated he felt that parking was the responsibility of downtown property owners and the business people. He would agree to drop the Pacific Street structure to get the city and county support of the structure on Palm and Morro Street and then he would move ahead with the Palm and Morro Street facility. He also felt that the city should acquire land on Nipomo Street for surface parking if needed. He agreed that the mission property should dropped from the proposal. He felt this proposal should be reviewed to see if the BIA would buy it and support it after the cost estimates are in. If it is approved, then the staff should move ahead with estimates, etc. Councilman Bond thanked the BIA for their work, although he said he did not support parking structures in downtown San Luis Obispo. Mayor Cooper felt the BIA should do no more. He felt the city should now move ahead with cost estimates, assessments, etc., starting with the structure on Palm and Morro Street. On motion of Councilman Jorgensen, seconded by Councilwoman Billig, City Council directed the staff to begin preliminary plans and cost estimates and establish assessment spreads to property owners for a structure at Palm and Morro Street with the surface lot on Nipomo Street, delete the mission property from consideration. The staff was also asked to expand the scale of the structure at Palm and Morro Street to include additional levels with alternative cost estimates. Motion carried 4:1. Councilman Bond voting "NO." 3. City Council received a staff report on Santa Rosa Street Parking, Monterey to Mill Streets. Councilman Jorgensen left the meeting due to a possible conflict. Wayne Peterson, City Engineer, presented a staff report recommending that parking be removed from Santa Rosa Street in order to move traffic more safely along the street. He said that there were good reasons to eliminate parking on Santa Rosa Street. As a general rule, a total prohibition of parking along a major route such as Snta Rosa is very desirable because it is the most effective way to provide efficient transportation of goods and persons with maximum public safety. This factor alone can account for 90% of all mid -block accidents caused by parking and unparking cars. With no parking permitted, there are no sporadic interruptions of traffic flow in adjacent lanes. Since sight distance is greatly increased, cross street traffic has safe access. The proposed design is the safest and most effective. Although present design does not apparently reduce capacity, it is not as safe because of the lane alignment changes at some intersections. Resulting lane movement by vehicles creates more opportunities for collisions. The new design improves lane alignment and the bike lanes provide an additional safety feature. With the installation of the "Two Way Left Turn Lane," no left turn prohibition would be required. ' He then submitted statistics relating to the study for this recommendation. He reviewed maps showing the new alignment for traffic along Santa Rosa Street. Councilman Dunin stated he was opposed to the staff recommendation due to the lack of parking at the present time and he would like to see the matter continued until the new addition of the courthouse has been built and the city has had an opportunity to review parking at that time. City Council Minutes February 5, 1980 - 4:00 p.m. Page 4 Don Smith. agreed_. with.Councilman_Dunin's:comment to wait-until-the addition has been completed for.the.courthouse. Councilman Bond .stated he.too.agreed.with.Councilman Dunin's comments that the parking be left along until after the. courthouse.has been completed. Police Chief.Neuman stated that.he would-support .the staff recommendation and.remove.pirking.on Santa.Rosa.Street which.he.said the present parking and alignment. - is.extremely hazardous: On motion of Councilman Dunin, seconded by Councilman Bond, that the City Council .reject -the recommendation at.this time and that it be-brought back for.council.consideration.at the time the courthouse addition has been - completed. Motion carried. Councilman Jorgensen absent. Councilman "Jorgensen returned-to the council meeting-and took his place at the council desk. 4. On motion of. Councilman. Dunin ,.seconded:.by.:Councilwoman Billig,., the following-resolution was..introduced:.- Resolution No. 4079 (1980 Series) a resolution of the council of the City of San Luis Obispo raising meter rates. in lot l2, located at the.corner of Marsh and Chorro Street from 5C per hour .to.10fi per hour. Passed and.adopted on-the following roll call voter AYES: Councilmembers- Dunin, Billig, Bond,. Jorgensen and.Mayor Cooper NOES: None ABSENT: None 5. City-Council again considered the request of.Yellow:Cab- Company for a rate increase. Rudy Muravez, Director of Finance, reviewed for the City Council his analyses of the-in:formation submitted by the San.Luis Transportation .Company in support of the-rate increase. He stated that the Yellow Cab Company is operated by. San .Luis Transportation, along with several other.transit.operations. The organization of accounting-records for the separation of income expenses was found to be excellent for a company of its size. The numerous activities defined as separate profit centers from the parent.company ".and direct costs and income are allocated accordingly. Although -an order was not performed, the accounting: records and organization of. the data tend. to. support.its'validity. He continued that a former projection of expenses and income was submitted by.San:Luis Transportation.' Two projections were included. The first used a three -year amortization of'vehicles. and a corporate overhead expense allocation of 40 percent. The second used a three - year:.;amortization and a:30..percent. overhead rate. He.-felt the expense pro - jections.were compared to'current actual expenses and found to be reasonable. If anything, they.tended to.be conservative with one exception. .Corporate overhead was reviewed against :other.comparative.ratios found in his opinion to be somewhat high. :There. were several. methods of allocating overhead. One method is the pro- ration of.employees supervised. Another is to. pro- ration of revenue generated by each.activity. When these ratios were examined, it appeared.that a more reasonable_allocation.of overhead expense.would.be.around 25 percent. In the-projections submitted,'it was .assumed.that.the 50...percent fare increase would generate approximately the same percentage of .revenue. may or may not occur depending upon the elasticity of demand for the services of the cabs at the new rates. Additionally,. the question arised as to how much of the increase'is really needed to fund their operation with a reasonable rate of•return.of.investment: -To answer these questions, we .must proceed with a procedure known.as a break -even analysis. Rudy. Muravez stated that after reviewing the data, he concluded that a 50 percent increase in.fare was-not unwarranted given today's rate of inflation affecting .the.cost.of doing business. If the services are to provide to the private sector than the cost.would have to be borne by those using the service. City Council Minutes February 5, 1980 - 4:00 p.m. Page 5 Lee Walton, Administrative Officer, stated that he did not really know exactly what the rates should be. He felt that some increase was due the cab company but it should be based on more than the actual profit and loss statement of the company. He also felt that regardless of what the Council did, they should very seriously consider amending the ordinance to deregulate the rate establish- ment so that the City Council would not have to be the one to establish the rates but should be done in the market place. ' Mayor Cooper stated he did not agree that the city should control rates for cabs. He felt they should be deregulated as recommended by the Administrative Officer with the city to control only the conditions of the vehicle and the quality of the drivers. He felt the city should set maximum rates and allow competition from other cab services. Councilman Dunin stated he agreed in principal, except he felt a monopoly was difficult to control. He support taxi competition and felt the rates should be controlled based on complaints. Councilwoman Billig agreed that the fares should be increased but she did not feel it should be decontrolled with the sky the limit. But, she felt the rates should be raised to encourage competition. The council must try to be fair to both the citizens and to the operator of the operation. Mayor Cooper moved that the City Council allow an increase as requested: $1.50 for the flag drop, including the first 1 /10th of a mile and lOC per each 1 /10th of a mile following the first 1 /10th, and that the City Council should look into the deregulation of cab rates. Motion loss for lack of a second. On motion of Mayor Cooper, seconded by Councilman Dunin, that the City Council approve a rate increase of $1.50 for the flag drop, including the first 1 /10th of a mile, plus 10c, for each additional 1 /10th of a mile. ' Motion carried on a 5:0 vote. The staff was directed to look into deregulation of rates for future amendment to the city taxi cab ordinance. 6. City Council received a report from the City Engineer asking that the city's traffic regulation ordinance be amended as from time -to -time parking regulations must be suspended temporarily and that current ordinances did not allow this. He felt the ordinance should be modified to allow the City Traffic Engineer or his designated alternate at his discretion to suspend or relocate parking controls and regulations on a temporary basis when it is found to be in the public interest or required for traffic safety. Further, he should notify the Police Department of any such change and have the change posted and /or signed to be effective. Councilwoman Billig agreed with this proposal but felt it should be handled with much care and that the City Traffic Engineer should coordinate very closely with the Police Department prior to making any temporary suspensions of parking regulations. 7. City Council consdiered a recommendation of the Planning Commission that the grant a 90 -day time extension for filing of the final map for minor subdivision NO. 78 -154, located at 2490, 2492, 2494 and 2584 Victoria Avenue. On motion of Councilman Jorgensen, seconded by Councilman Bond, the following ordinance was introduced: Ordinance No. 838 (1980 Series), and ordinance of the City of San Luis Obispo amending parking regulations to allow the City Engineer to suspend regulations on a temporary basis. Passed and adopted on the following roll call vote: AYES: Councilmembers Jorgensen, Bond, Billig, Bond and Mayor Lynn Cooper NOES: None ABSENT: None 7. City Council consdiered a recommendation of the Planning Commission that the grant a 90 -day time extension for filing of the final map for minor subdivision NO. 78 -154, located at 2490, 2492, 2494 and 2584 Victoria Avenue. City Council Minutes February 5, 1980 - 4:00 p.m. Page 6 Due to the time that had ellapsed from the recommendation of the Planning Commission until it arrived at the council's consideration, the following resolution was introduced: On motion of Councilman Dunin, seconded by Councilman Bond, Resolution No. 4080 (1980 Series), a resolution of the council of the City of San Luis Obispo granting additional time to file final map for minor subdivision 78 -154; applicant: Maino Construction Co. Six Month Time Extension. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Bond, Billig, Jorgensen and Mayor Lynn Co r NOES: None ABSENT: None 8. On motion of Councilwoman Billig, seconded by Councilman Dunin, the plans and specifications for Monterey Heights Waterline, City Plan No. D -07, Bid Estimate: $74,319.00, including contingencies and engineering fees were approved and the staff was authorized to call for bids. Motion carried. 9. On motion of Councilman Dunin,.seconded by Councilwoman Billig, plans and specifications for Lizzie Street /Wilding Lane Waterline, City Plan No. D -44, Bid Estimate: $20,323.00, including contingencies and engineering fees were approved and the staff was authorized call for bids. Motion carried. C -1 On motion of Councilman Dunin, seconded by Councilwoman Billig, claims against the city for the month of February 1980 were approved subject to the approval of the Administrative Officer. Motion carried. C -2 On motion of Councilman Dunin, seconded by Councilwoman Billig, minutes of the Council Meeting of December 4, 1979, 4:00 p.m. were approved as amended. _Motion carried. C -3 On motion of Councilman Dunin, seconded by Councilwoman Billig, the contr� pay estimates and change orders were approved and ordered paid. Motion carri C -4 On motion of Councilman Bond, seconded by Mayor Cooper, the following resolution was introduced: Resolution No. 4081 (1980 Series), a resolution of the council of the City of San Luis Obispo increasing general fund appropriati for the 1979/80 Fiscal Year. (Planning Commission conference expense.) Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Mayor Cooper, Billig, Dunin and Jorgensen NOES: None ABSENT: None C -5 On motion of Councilman Dunin, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 4082 (1980 Series), a resolution of the council of the City of San Luis Obispo requesting PG &E to modify its street lighting activation system to react to a lesser level of light. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Billig, Bond, Jorgensen and Mayor Cooper NOES: None ABSENT: None C -6 On motion of Councilman Dunin, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 4083 (1980 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Geoffrey L. Grote to amend his agreement for personal services to the city. Passed and adopted on the following roll call vote: City Council Minutes February 5, 1980 - 4:00 p.m. Page 7 AYES: Councilmembers Dunin, Billig, Bond, Jorgensen and Mayor Cooper NOES: None ABSENT: None C -7 On motion of Councilman Dunin, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 4084 (1980 Series), a resolution of the Council of the City of San Luis Obispo approving second amendment to agreement between the City of San Luis Obispo and H. Dieter Heinz for chemist services. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Billig, Bond, Jorgensen and Mayor Cooper NOES: None ABSENT: None C -8 On motion of Councilman Dunin, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 4085 (1980 Series), a resolution of the City of San Luis Obispo amending Resolution No. 3903 by increasing Police Sergeant I and II salary ranges. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Billig, Bond, Jorgensen and Mayor Cooper NOES: None ABSENT: None ' C -9 On motion of Councilman Dunin, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 4086 (1980 Series), a resolution of intention to approve an amendment.to the contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of San Luis Obispo to provide one year final compensa- tion for police officers. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Billig, Bond, Jorgensen and Mayor Cooper NOES: None ABSENT: None C -10 On motion of Councilman Bond, seconded by Councilwoman Billig, the recommendation of the Promotional Coordinating Committee to grant $400.00 to the Senior High School to help defray the cost for students going to the Presidential Classroom for Young Americans in Washington, D.C. was approved. Motion carried. Councilwoman Billig asked that in the future a little better explanation be given. ' C -11 On motion of Councilman Dunin, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 4087 (1980 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and the Joint Powers of San Luis Obispo County Area Council of Governments to include the City of Atascadero. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Billig, Bond, Jorgensen and Mayor Cooper NOES: None ABSENT: None City. Council Minutes February 5, 1980 - 4:00 p.m. Page 8 C -12.A On.motion_of_Councilman Dunin; seconded by.Councilwoman Billig, the following resolution was introduced: Resolution No. 4088 (1980.Series), a resolution of -the Council of the City of San Luis Obispo adopting a program supplement which-specifies federal funds available for S.O.S. Street Reconstruction,.City Plan No. C-14. Passed.and..adopted on the following roll call -vote: AYES:...Councilmembers Dunin, Billig, -Bond, Jorgensen and Mayor Cooper NOES: None ABSENT: None C -12.B _On motion_of.Councilman Dunin,.seconded . by - Councilwoman Billig, the following.resolution was.introduced:...Resolution No. 4089.(1980-Series), .a resolution of the Council of-the City of:.San Luis Obispo to enter-into-an agreement with the State of California for state construction,.engineering services on.the S.O.S. Street Reconstruction Pro.ect, City Plan No. C -14.. (Agreement No. 5198 -V). Passed and adopted on.the.following: roll call vote: AYES:..Councilmembers Dunin, Billig, Bond,..Jorgensen and Mayor-Cooper NOES: None ABSENT: None C -13 On motion.of Councilman... Dunin,..seconded by.Councilwoman Billig, claim.against the city by Jason. Johnson in.the amount of $834.08 for alleged damages to the claimant'.s cat was denied. Motion carried. C -14 On motion.of Councilman _.Dunin, seconded-by Councilwoman.Billig, .claim against the.city by Don Lombardo in the amount of'$25,000.00 for injuri allegedly sustained when claimant'twisted left ankle due to alleged dangerous condition at Walnut.and::Santa Rosa Streets was denied Motion carried. C -15 On motion of Councilman Dunin, seconded by Councilwoman Billig,.. claim against the city by- Habeebah Ruth Muhammad.in the amount of $750.00 for injuries sustained when claimant was riding.her bicycle down.Broad Street and.the front wheel struct an uneven portion of the pavement causing her fall was denied. Motion carried. C -16 On motion.of Councilman.Dunin, seconded by Councilwoman Billig, .claim- against the.city by Paul E. Peterson in..the amount of $188.00 for alleged.damages done to his car due to golfball striking the hood was denied. Motion, carried. B -1 The City Clerk xeported.on the following.bid received for "ABANDONED VEHICLE PICKUP ": Bedlo, Inc. $11.00 per unit 3045 Duncan Lane 3.50 per day San Luis Obispo, CA-93401 On_ motion of Mayor Cooper,_ seconded :•by.Councilman.Jorgensen, -the following resolution was introduced.* 'Resolution No. 4093'(1980 Series) , a resolution of the Council of.the City of .Sari Luis Obispo awarding the low bid to Bedlo, Inc. Passed and adopted.on.the following -roll call vote: AYES: Mayor.Cooper, Councilmembers'Jorgensen, Billig, Bond-and Dunin . . NOES: None ABSENT: None City Council Minutes February 5, 1980 - 4:00 p.m. Page 9 There being no further business to come before the City Council, Mayor Cooper adjourned the meeting to 7:30 p.m., Tuesday, February 5, 1980. APPROVED BY COUNCIL ON: 4/1/80 Fitzpatrick, City Clerk ---------------------------------------------------------------- - - - - -- M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, FEBRUARY 5, 1980 - 7:30 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET Pledge Invocation by Reverend John Wingfield, Unity Christ Church Roll Call Councilmembers Present: Melanie Billig, Alan Bond, Ron Dunin, Jeff Jorgensen and Mayor Lynn R. Cooper Absent: None City Staff Present: Lee Walton, Administrative Officer; George Thacher, City Attorney; J.H. Fitzpatrick, City Clerk; Henry Engen, Community Development Director; Terry Sanville, Senior Planner; Wayne Peterson, City Engineer; Richard Minor, Fire Chief; Roger Neuman, Police Chief; D.F. Romero, Public Services Director and Geoff Grote, Legal Assistant 10. The City Council held a public hearing on Resolution No. 4061 (1979 Serie a Resolution of Intention to abandon a portion of Lorraine Terrace. Henry Engen, Community Development Director, explained what portion of Lorraine Terrace that was to be abandoned and the reasons why a small piece had been left out in a prior abandonment. Mayor Cooper declared the public hearing open. No one appeared before the Council for or against the proposed abandonment. Mayor Cooper declared the public hearing closed. AYES: Councilmembers Billig, Dunin, Bond, Jorgensen and Mayor Cooper NOES: None ABSENT: None On motion of Councilwoman Billig, seconded by Councilman Dunin, the following resolution was introduced: Resolution.No. 4090 (1980 Series), a resolution of the Council of the City of San Luis Obispo finding and determining that a oortion,of Lorraine Terrace was unnecessary for present or perspective street purposes and ordering the abandonment of same. Passed and adopted on the following roll call vote: AYES: Councilmembers Billig, Dunin, Bond, Jorgensen and Mayor Cooper NOES: None ABSENT: None City.Council Minutes February 5, 1980:_,.7:30 p.m. Page 2 11. The City Council held -a public hearing on the recommendation of the Planning Commission to consider a Level I, Ordinance.No. 604 -A water deficiency in conjunction -with request to build a new house at 2 Buena Vista Avenue, R -1 -S zone; Robert D. Wendt, applicant. Henry Engen,- Community Development Director., presented the recommendation of the-Planning Commission stating that the project be allowed to proceed with the following conditions:. 1) The proposed water main.extension from Slack Street water.tank to the intersection of Santa Maria and Buena Vista (by the city) be installed and accepted prior to issuance of a building permit. 2) Extension -of the main referred.to in item #1.in Buena Vista to the 460' - elevation,.withid city standard fire hydrant-by: a) $20,000 Quarterly Funding Program, or b) Zone of Benefit (reimbursement via future building permits). 3) On site private fire protection system be provided which includes a storage tank (placed underground), necessary pumps and controls, and-an automatic sprinkler system design by a consultant, to the satisfaction of the Fire Department and Utilities!Engineer Superintendent. 4) Proposed on site swimming pool be designed, sized, and installed as an auxiliary water reservoir. 5) No building permit shall be issued.for..development_.on .this site until items land 2 are completed. Paul Smith, architect for'the property owner, stated that the conditions outlined and approved by the Planning Commission were acceptable to the applicant. Mayor Cooper declared the public hearing closed. Councilman Jorgensen stated he would support the project reluctantly due to allowing independent domestic fire flows to be installed above the 460' elevation Councilman Bond stated he could support the project based on the Planning Commission's recommendations. Councilman Dunin stated he too would support-the development.with -the Planning Commission's recommendations but the tank should be a 10,000'gallon.tank backup. Councilwoman Billig- stated she supported'the "project reluctantly but would supportithe-- Fire -Chief.'s:recommendation , but•did n6t like independent water. systems. -She also did not feel that the.City.water.users. should pay for extensio .of wateilines'and hydrants.along Buena Vista.but should:be.paid for by the develo unless some sort of equitable area of benefit was devised for the entire neighbor hood.' On motion of Councilman Jorgensen,..seconded.by Councilwoman.Billig, that the City.Council approve.the•.project, with the following conditions: 1) the proposed water main extension from the.Slack Street water tank to the intersection of Santa Maria and Buena Vista to be installed by the city prior to the issuance of a building permit; 2).extension,of an 8." main from the intersection of Santa Maria up Buena Vista to the 460' elevation with a fire hydrant at the end of the line; 3) Developer. to participate in -the extensiori" and .hydrant .(condition fli to the . degreee -to be-established-by the City-Council; 4)'.on:site fire.protect system be provided . -which included.a,storage tank placed.underground,.necessar pumps and - controls and an automatic sprinkler system designed by the consultan to the satisfaction of the Fire Department and Utilities Engineer; and 5) no building permit to be issued for development of the site until Items 1 and 2 had been... completed. Motion carried on the following roll call vote: City Council Minutes February 5, 1980 - 7:30 p.m. Page 3 AYES: Councilmembers Jorgensen, Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None Paul Smith, architect for the property owner, appeared before the Council and stated that he felt it was unfair to expect one property owner to pay the full cost of installing an 8" line and hydrant when he felt the improve- ment helped to protect 15 additional dwellings in the area. He hoped the Council would take this into consideration at some future date when costs are allocated. 12. The City Council held a public hearing on a plan to set policies on to guide how, when and where the city should provide sewer service. Mayor Cooper declared the public hearing open. Tom Schttmann stated he was opposed to allowing expansion of sewer services in any areas outside the city. He felt that sewer expansion promoted growth. He felt that if the city allowed sewer lines outside the city, many property owners would reap millions in increased values of land with sewer service. Jim Ross, Airport Property Owners Association, appeared on behalf of his association to have the so- called "rural industrial area" shown in the General Plan included in this sewer service plan and it was his understanding that the Federal Government required that surrounding this city should be con- sidered with or without annexation for sewer service. Joanne Fenton, Attorney representing the Airport Property Owners Association, spoke in support of the State and Federal conditions for the Federal grant to the city which was required to serve on an area -wide basis and not a city proposal. She felt that the service had to be distributed on a fair and equitable basis. She then quoted from Federal law dealing with these grants. She also stated that the Federal law did not require annexation to a city in order to get sewer service. She also stated that the 1977 EIR's shown in all city reports was not available to the public for study. Vic Montgomery, Planning Consultant to the Airport Property Owners' Association, stated he questioned the so- called "Self Serving Sewer Service Report" as the sewer grant discussed area -wide service not a city growth controlled plan. 8:40 p.m. Councilman Dunin left the meeting due to a possible conflict. Terry Sanville, Senior Planner, stated that in December, 1979, the City Council reviewed a draft of the sewer service plan prepared by the planning staff. Certain changes in the plan were discussed by the Council. The staff had rewritten a final draft of the service plan with changes suggested by the City Council and this document was before them that evening. The purpose of the sewer service plan was to demonstrate the city's compliance with require- ments of the State Water Quality Control Board. These requirements were con- ditions of the Clean Water Grant that the city anticipated in accepting later this year. The Sewer Service Plan also demonstrates how the city will provide sewer treatment services in a way that is consistent with adopted growth manage- ment and land use policies contained in the San Luis Obispo adopted General Plan. He continued that the Community Development Director had determined that the final EIR prepared for the City's 1977 Land Use Element adequately addresses the impacts of the proposed sewer service plan and the Director determined that no additional environmental documents needed to be prepared. He then reviewed in detail the sewer service plan for the City of San Luis Obispo. He reviewed ' for the City Council the services that were affected by the plan, the sewer service area population, the sewage treatment service area, the allocation and phasing of services, conditions under which sewer service would be provided, any emergency services that would be provided, sewer service fees, etc. Mayor Cooper declared the public hearing open. Tom Schttmann stated he was opposed to allowing expansion of sewer services in any areas outside the city. He felt that sewer expansion promoted growth. He felt that if the city allowed sewer lines outside the city, many property owners would reap millions in increased values of land with sewer service. Jim Ross, Airport Property Owners Association, appeared on behalf of his association to have the so- called "rural industrial area" shown in the General Plan included in this sewer service plan and it was his understanding that the Federal Government required that surrounding this city should be con- sidered with or without annexation for sewer service. Joanne Fenton, Attorney representing the Airport Property Owners Association, spoke in support of the State and Federal conditions for the Federal grant to the city which was required to serve on an area -wide basis and not a city proposal. She felt that the service had to be distributed on a fair and equitable basis. She then quoted from Federal law dealing with these grants. She also stated that the Federal law did not require annexation to a city in order to get sewer service. She also stated that the 1977 EIR's shown in all city reports was not available to the public for study. Vic Montgomery, Planning Consultant to the Airport Property Owners' Association, stated he questioned the so- called "Self Serving Sewer Service Report" as the sewer grant discussed area -wide service not a city growth controlled plan. 8:40 p.m. Councilman Dunin left the meeting due to a possible conflict. City Council Minutes February 5, 1980 - 7:30 p.m. Page 4 Ray Gallo, Attorney for Tribunal News Agency - Dwyer, urged the Council reject the entire sewer service area plan as prepared by the city staff. He felt that this document did not comply with the conditions of the State and Federal rules dealing with wastewater treatment grants. He continued that the way the staff had prepared the plan, it was devised so as not to allow any connection to the system as conditions of connection were not reasonable by requiring annexation prior-to service connection. Annexing would first require the vote of the residents of the city. He urged the Council study this proposal very carefully. He agreed with Mrs. Fenton that this was a very dangerous proposal Don Ross, Architect, questioned the condition in staff ratings required that applicants have adequate water service before getting sewer service. He also questioned the requirement of annexation to the city prior to getting sewer service. He felt the report was prepared to deny sewer service and not to help secure it. Mayor Cooper declared the public hearing closed. 9:00 p.m. Mayor Cooper called a recess. 9:15 p.m. Council reconvened with all Councilmen present. Councilman Dunin again left the meeting due to possible conflict of interest. Terry Sanville again reviewed for the City Council some of the questions and objections raised by the public during the public hearing portion of this hearing. Portions dealing with the General Plan of the City versus the County Plan, Service Area Plan and annexation conditions. Councilman Jorgensen stated that when the sewer plant was expanded, it would serve 50,884 people when the city has already committed sewer service to 49,100 people. Also, the city had adopted a General Plan which required that certain areas in the city must be serviced by city utilities prior to serving areas outside the city. Finally, he stated that the sewer service plan was prepared at the direction of the City Council after a series of meet ings with State Water Quality Control Board staff. He then reviewed comments made by public during public portions of the hearing. Councilman Bond stated he doubted that the State would accept the sewer service plan as it was contrary to the regional scheme of the grant. Councilwoman Billig felt the sewer service plan was well done by staff and very comprehensive. He also followed the dictates of the city adopted General Plan. She felt this City Council's first responsibility was to the residents of the city before granting service to people outside the city limits. She questioned the amount of money being expended on this plant as it had not increased the actual capacity of the plant. She would adopt the plan as City Council pol.cy and send it on to the State. for Cooper felt that the proposed sewer service area plan was unfair as it cult' covert) the E:istir.g c t knits T zt r.c aUit.ier.s. On motion of Councilwoman BiLlig,.iaccaded by Councilman Jorgensen, the following resolution was.introauced: R=& nr t% No. 4091 (1980 Series), a resolution of the City Council of the City of San Luis Obispo adopting a sewer service plan, a plan to guide the provisions of sewage treatment service within the adopted service area. Passed and adopted on the following roll call vote: AVES: Councilmembers Billig; Jorgensen, Bond and Mayor Cooper NdES: None ABSEN': Councilman Dunin 9:50 p.m. Councilman Dunin took his place at the Council table. City Council Minutes February.5., 1980 - 7:30 p.m. Page 5 13. The.City Council,held a public hearing to consider a proposed comprehensive revision.to the City's Resource Deficiency Ordinance, commonly known as the 604 -A Ordinance. Henry.Engen, Community Development..Director, stated that on January.15, 1980 the Council considered A. draft. staff...rewrite '.of the .City,s resource deficiency ordinance which would.streamline the.process by combining the hearing on the deficiency with that-of-the project itself.- Separate votes would still be ' required. The attached .draft..incorporated changes made by the Council at that meeting and reflected changes in staff responsibilities based on the recent transfer of the Engineering Division to the Public Services Department. Mayor Cooper.declared the public hearing open.. Frank Exeter, ._Chairman of the 1974 citizens committee that developed. Ordinance 604 -A stated that he supported the rewrite -of the ordinance to streamline the procedures although he did suggest various minor wording changes to further streamline the ordinance. Glenna'Dean Dovey supported comments made by Frank Exeter and that the rewrite looked satisfactory. Mayor Cooper declared -the public hearing closed. Councilman.Dunin stated he supported adoption of. -the ordinance - including revised wording suggested by Mr. Exeter. Councilwoman Billig.stated she too would support adoption of the ordinance and also adopt the word changes as. suggested by Frank Exeter..._.,.. Councilman.Jorgensen. also agreed with the ordinance as amended -.by wording changes by Mr. Exeter. ' On motion- of.Councilman..Jorgensen, seconded by Councilman.Bond,.the following ordinance was introduced: Ordinance No. 839 (1980 Series), an ordinance of the City of San.Luis Obispo amending Article 2, Chapter 8 relative to assuring that development proposals in the city do not erode service systems or resources. Introduced and passed to print on the following roll call vote: AYES: .Councilmembers Jorgensen, Bond, Billig, Dunin and Mayor Cooper NOES: None .. ABSENT: None 14. Traffic Committee report on Speed Study of Patricia Drive. Wayne Peterson ,,.City- Engineer,.stated that.,as. requested by.the City Council, they had conducted additional.speed..surveys..on Patricia.Drive nor.th.of.Foothill -Blvd. in January, 1980. =The su.rvey_was.taken during the.middle -of the afternoon on a clear day in a northerly direction. The critical speed was 32-mph. In a southerly direction..the critical speed was 30 mph. In 1977, similar studies were taken prior to establishing. the , present -30 ..mph limit..and those studies indicated a critical speed.of.30_mph. .He stated that he had also reviewed with the police accident.-history of the..street.and found it to.be low. Nothing peculiar about the street which would mislead the driver to drive faster than safe was.found. They did..consider.the width of the street•but.in accordance to sections of the vehicle-code.-the legislation did not intend that speeds be lowered because of.these conditions which are clearly apparent to the driver. He stated that the staff had removed some parking on either side of Patricia at Craig Way and was proposing to construct a dash centerline on Patricia Drive. Both of those improvements would make the street even safer than it was today. He continued that in order to establish and enforce a speed limit on a city street, the city must follow the rules set down in the California code. Since Patricia Drive was classified on the Federal Functional Classificati City Council Minutes February 5, 1980 - 7:30 p.m. Page 6 Map as a collector street, the city was not.exempt from doing an engineering speed study if they wished to use radar for speed enforcement. He continued that by law the primary assumption made in speed limits was that the safest speed on the street was chosen by a reasonable and prudent driver having due regard for weather, visibility, traffic, surface, width of highway and safety of persons and property. This was the basic speed law. He then reviewed the methods used for establishing -what reasonable and prudent speed was which was called the radar speed survey. He concluded that staff appreciated the conce, of the neighborhood but could find no justification for changing the present speed limit. On motion of Councilman Bond, seconded by Councilman Jorgensen, that the staff report be accepted but that the staff be asked to come up with a signing plan to protect the children at play on Patricia Drive with the addition of the centerline on Patricia Drive. Motion carried, all ayes. 15. The City Council considered an ordinance amending the Municipal Code regarding special speed zone changing the speed on South Street from South Higuera to Broad Street from 45 mph to 35 mph. Wayne Peterson, City Engineer, reported that the speed limit on South Street from South Higuera to Broad was 45 mph and he felt that this was too fast for the ends of the street. He recommended that the City Council amend the speed limit ordinance to 35 mph to be imposed at either end of South Street between Meadow and Broad and between Beebee Street and South Higuera Street. This would allow a transition to slower speeds beyond the intersection. On motion of Councilman Bond, seconded by Councilman Dunin, the following ordinance was introduced: Ordinance No. 840 (1980 Series), an ordinance of the City of San Luis Obispo amending Special Speed Zones on South Street. Introduced and passed to print on the following roll call vote: AYES: Councilmembers Bond, Dunin, Billig, Jorgensen and Mayor Cooper NOES: None ABSENT: None 16. The City Council considered an ordinance amending the Downtown Housing Conversion Moratorium Ordinance to delete single family homes. Terry Sanville, Senior Planner, stated that in 1979 the City Council adopted a moratorium on the conversion of housing in the downtown commercial core. The term of the moratorium ordinance was one year. Also, the Council had applied for a housing and urban development block grant application for $350,000.00 to help fund a downtown housing program. Since the adoption of the ordinance and waiting for the approvals or disapprovals from HUD, the city staff had come upon two single family homes which were also within the moratorium area and it was the staff's recommendation that the city amend the moratorium ordinance to eliminate the moratorium provisions for single family homes. On motion of Councilman Jorgensen, seconded by Councilman Bond, the following ordinance was introduced and passed to print: Ordinance No. 841 (1980 Series), an ordinance of the City Council of the City of San Luis Obispo amending the Downtown Housing Conversion Moratorium to delete single family homes. , Introduced and passed to print on the following roll call vote: AYES: Councilmembers Jorgensen, Bond, Billig, Dunin and Mayor Cooper NOES: None ABSENT: None City Council Minutes February 5;1980.- 7:.30 p.m. Page 7 Jackie Megow stated that.with:the.recommendations. there was proposals from each..agency..plus a.complete analysis by.the HRC-staff. Proposals reviewed by HRC but.not.awarded funds were: A) Grandmother's.House -- Child.Respi-te Care - Proposal $1:,500: HRC recommended no funding.. It was recognized that Grandmother's House-had . ouse had expanded the hours of - service and.the. number of children being served but HRC had previously urged Grandmother's House to seek...other funding sources.or become self- supporting. Therefore, the -recommendation was.that no.funding be allowed to this request for funds. HRC noted interest to hear more about.the Grandmother's House .parent- education program.. B) EOC - Vista /Community Organizing.Development - Proposal ".$3,419. HRC recommended no funding. HRC presently felt.that there were.a number of organizations addressing the housing issues..in this city, HRC-also based this recommendation on-its need to remain neutral in-this instance as this group appeared_to have a tenants rights emphasis.... C) Alpha /Community.Education..Programs - Direct-service to those experiencing stressful.pregnancy - Proposal_$3,600. HRC recommended no funding. Again, HRC took a stand of- neutrality as this organization appeared to have a "pro - life " .emphasis: . D).-Hospice/Make Today. Count...-.Proposal $3,000. HRC recommended no.funding. HRC would like to see this.program incorporated.-into--the-Hospice Program, currently-funded with.seed money-from San'Luis Obispo City-'-in-fiscal year .1979 -1980. 17. The City. Council-considered.-.the-recommendations of-the Human Relations Commission._for.'grants for funding of.human service agencies for.the balance of the 1979. -1980 fiscal year. Jackie Megow, Human Relations-Associate, preserited..the recommendations of the Human Relations Commission as follows: 1) EOC Child Respite Care; requested $5,505; HRC.recommended..$3,165. This figure::was arrived-at-by calculating on a half year basis-_(26 weeks) under. "services" line item and awarding the entire requested under the "administrator" line item.. 2) People's Self Help Housing /Housing Rehabilitation Program _requested $31,875 HRC recommended $13,281. This.figure represented 5/12 of the requested amount or funding.for.the five month period of February.l, 1980 through June 30, 1980 remaining in this fiscal year... . 3). HUSH (Help Us-Stay-Home), In -Home Supportive -Care, requested $7,500. HRC recommended.$7,500.. This amount.covered salaries.for. the .HUSH coordinator plus office expenses for six months. 4) Grass Roots II: proposal.request $50,991.36.: HRC recommended.$15,000 maximum. This amount to cover.the.remaining five month period in fiscal year 1979 -1980 for_ear- marked.line items from-the Grass Roots II proposal: .1) salaries for three employees: Exective Director (full time), Business Manager (part time), and - Executive Secretary (full time) plus payroll taxes; 2) office space rent and 3) Grass Roots II van.insurance ($940.00) due to the Area Council..of Governments for the policy period.February 9 through August 9, 1980... • .. Resolution No.'s 4094 (EOC - Child Respite - Care), .4095..(People's Self -Help Housing), 4096 (HUSH), and-4097 (Grass Roots II) adopted on motion of Councilman Jorgensen,.seconded -by Councilwoman Billig, and on.the following roll call vote: ' AYES: Councilmembers Jorgensen, Billig and Bond NOES: Councilman Dunin and Mayor Cooper ABSENT: None Jackie Megow stated that.with:the.recommendations. there was proposals from each..agency..plus a.complete analysis by.the HRC-staff. Proposals reviewed by HRC but.not.awarded funds were: A) Grandmother's.House -- Child.Respi-te Care - Proposal $1:,500: HRC recommended no funding.. It was recognized that Grandmother's House-had . ouse had expanded the hours of - service and.the. number of children being served but HRC had previously urged Grandmother's House to seek...other funding sources.or become self- supporting. Therefore, the -recommendation was.that no.funding be allowed to this request for funds. HRC noted interest to hear more about.the Grandmother's House .parent- education program.. B) EOC - Vista /Community Organizing.Development - Proposal ".$3,419. HRC recommended no funding. HRC presently felt.that there were.a number of organizations addressing the housing issues..in this city, HRC-also based this recommendation on-its need to remain neutral in-this instance as this group appeared_to have a tenants rights emphasis.... C) Alpha /Community.Education..Programs - Direct-service to those experiencing stressful.pregnancy - Proposal_$3,600. HRC recommended no funding. Again, HRC took a stand of- neutrality as this organization appeared to have a "pro - life " .emphasis: . D).-Hospice/Make Today. Count...-.Proposal $3,000. HRC recommended no.funding. HRC would like to see this.program incorporated.-into--the-Hospice Program, currently-funded with.seed money-from San'Luis Obispo City-'-in-fiscal year .1979 -1980. City Council Minutes February 5, 1980 - 7:30 p.m. Page 8 Total amount of funds requested from all eight agencies was $107,390.36. Total amount of available funds to be allocated was approximately $42,000.00. Total amount HRC recommended be allocated to these human services proposals was $38,946 for the remainder of the fiscal year 1979 -1980. She stated that she would be available at this time to review individual proposals with the City Council. Mayor Cooper declared the public hearing open. EOC - Child Respite Care Greg Neshiame, Director, appeared before the City Council on behalf of the fund request. On motion of Councilman Jorgensen, seconded by Mayor Cooper, that the City Council adopt Resolution No. 4094 (1980 Series), a resolution approving an agreement between the City and EOC - Child Respite Care in the amount of $3,165.00 as recommended. Passed and adopted on the following roll call vote: AYES: Councilman Jorgensen, Mayor Cooper, Councilmembers Billig, Bond and Dunin NOES: None ABSENT: None On motion of Councilman Jorgensen, seconded by Councilwoman Billig, the following resolution was introduced: Resolution No. 4095 (1980 Series), a resolution approving an agreement between the City and People's Self -Help Housing in the amount of $13,281.00. Passed and adopted on the following roll call vote: AYES: Councilmembers Jorgensen, Billig, Bond, Dunin and Mayor Cooper NOES: None ABSENT: None Patricia M. Sedora, Chairperson of HUSH, spoke in support of their request for the grant and stated that this was only seed money proposal and not expected to be an on -going funding request. On motion of Councilman Dunin, seconded by Councilman Jorgensen, the following _.resolution was introduced: Resolution No. 4096 (1980 Series), a resolution approving an agreement between the City and HUSH in the amount of $7,500.00. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Jorgensen, Billig, Bond and Mayor Cooper NOES: None ABSENT: None Rudy Molina, President of Grass Roots II, felt that the recommendation of HRC should be increased to a six month funding and not five months. Also, ' for six months they needed $21,000 to operate in that period. Maxine Lewis, Executive Director of Grass Roots II, spoke in support of receiving additional funds from the city than that authorized by the HRC to serve the people of San Luis Obispo. Although she stated that she would continue to serve the people of San Luis Obispo both City and County, even if the city decided not to finance Grass Roots at all. She also spoke in support of the administration of Grass Roots and stated that she was proud of the work done by her organization for the poor of the city and county of San Luis Obispo. City Council Minutes February 5, 1980 - 7:30 p.m. Page 9 On motion of Mayor Cooper, seconded by Councilman Bond, the following resolution was introduced: Resolution No. 4097 (1980 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Grass Roots II in the amount of $15,000. as recommended by HRC. Passed and adopted on the following roll call vote: ' AYES: Mayor Cooper, Councilmembers Bond, Billig, Dunin and Jorgensen NOES: None ABSENT: None There being nothing further to come before the City Council, Mayor Cooper adjourned the meeting to Thursday, February 14, 1980 at 7:00 p.m. COUNCIL APPROVED MINUTES ON: 4/1/80 ,::�. Fitzpatrick, City Clerk M I N U T E S SPECIAL CALLED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO WEDNESDAY, FEBRUARY 13, 1980, 12:10 P.M. COUNCIL HEARING ROOM, CITY HALL 990 PALM -S=T SAN LUIS OBISPO, CALIFORNIA Roll Call COUNCILMEMBERS PRESENT: Melanie Billig, Ron Dunin, Jeff Jorgensen, and Mayor Lynn Cooper ABSENT : Alan Bond STAFF PRESENT: Lee Walton, Chief Administrative Officer; George Thacher, City Attorney; Henry Engen, Community Development Director; and Dave Romero, Public Services Director PLANNING COMMISSION: Charles Andrews, Mike Deneve, Sylvia Drucker, and Sid Findley ARC: Donald Kahn, Randy Dettmer, Christina Orr - Cahall, Thomas Priest, Pierre Rademaker, Jerry Reiss. COUNTY REPRESENTATIVES: Don Stillwell, County Administrative Officer; Aus Vitols, Pat Sullivan, George Rosenburger, and Ken Taylor. --------------------------------------------------------------------------- Meeting opened with Don Stillwell, County Administrative Officer, reviewing the preliminary plans for the County Office Expansion. The two major points discussed regarding this expansion were: 1. Parking 2. Retail space in the courthouse complex Aus Vitols, Architect, gave a brief explanation of the model county office expansion presented to the City Council. It was determined that the proposed building would have additional expansion capabilities if needed. Construction of this building is to begin next month and its estimated date of completion is in 16 months.