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HomeMy WebLinkAbout06/02/1981City Council Minutes June 2, 1981 - 7:00 p.m. Page Two C -4. Consideration of a resolution designating authority to make settlement payments on claims against the city. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4502 (1981 Series), a resolution of the City of San Luis Obispo designating authority to make settlement-pay- ments on claims against the city. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Bond, Dovey, and Mayor Billig NOES: None ABSENT: None C -5. Consideration of a resolution approving an agreement between the City and Earth Metrics, Inc. for the preparation of environmental impact report for the City's Downtown Parking Program. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4503 (1981 Series), a resolution of the City of San Luis Obispo approving an agreement between the City and Earth Metrics, Inc. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Bond, Dovey, and Mayor Billig NOES: None ABSENT: None C -6. Consideration of a resolution supporting SB 215 "Transportation Financing" (FORAN) increasing gas tax by 20 per gallon to be used for improving streets and roads. On motion of Councilman Settle, seconded by Councilman Dunin, the following reso- lution was introduced: Resolution No. 4504 (1981 Series), a resolution of the City of San Luis Obispo supporting S.B. 215 (FORAN) to provide for increased transportation financing. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Bond, Dovey, and Mayor Billig NOES: None ABSENT: None C -7. Consideration of plans and specifications for "STREET RESURFAC AND HIGUERA STREET WIDENING." City Plan No's. E -07 and E =49; engineer's estimate $43,998.25 without contingencies. On motion of Councilman Settle, seconded by Councilman Dunin, that the plans and specs for "Street Resurfacing and Higuera Street Widening" be approved and staff be authorized to call for bids. Motion carried, all ayes. C -8. C JOYCE TO SAN CARLOS tingencies. of plans and specificatio No. E -22, bid estimate $8 'HELENA SEWERLINE, without con- On motion of Councilman Settle, seconded by Councilman Dunin, that the plans and specs for "Helena Sewerline, Joyce to San Carlos" be approved and staff be auth- orized to'call for bids. Motion carried, all ayes. C -9. Consideration of plans and specifications for "WASTEWATER TREAT- MENT PLANT, Biofilter No. 1, Digesters No, 1 and 3," City Plan No's. D -45, D -50 and D -51; engineer's estimate $80,000.00 without contingencies. City Council Minutes June 2, 1981 - 7:00 p.m. Page Three On motion of Councilman Settle, seconded by Councilman.Dunin, that plans and specs for "Wastewater Treatment Plant, Biofilter No. 1, Digesters No. 1 and 3" be approved and staff be authorized to call for bids. - Motion carried, all ayes. C -10. Consideration of plans and specifications for "WASTEWATER TREATMENT PLANT DIGESTER NO. 3, EMPTY AND CLEAN," City Plan No. D -51; engineer's estimate $15,000.00 without contingencies. On motion of Councilman Settle, seconded by Councilman Dunin, that the plans and specifications for "Wastewater Treatment Plant, Digester No. 3, Empty and Clean" be approved and that staff be authorized to call for bids. Motion carried, all ayes. C -11. Consideration of a resolution setting a public hearing for determining public necessity, health or safety by removing overhead utility wires in Underground Utilitv Districts 9 & 10. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4505 (1981 Series), a resolution of the City of San Luis Obispo- setting a public. hearing -for determining public necessity, health or safety by removing overhead utility wires. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Bond and Mayor Billig NOES: None ABSENT: None C -12. Consideration by the Federal Administration po plementation of those efforts in home rule (continued from 5/19/8 entities and urging a c that will enhance. not further further On motion of Councilman Settle, seconded by Councilma resolution was introduced: Resolution No. 4506 (1981 of the City.of San Luis Obispo expressing its support Administration to return powers to local entities and mentation of those efforts in ways that will enhance, rule. Passed and adopted on the following.roll call vote: z Dunin, the following Series), a resolution of efforts by the Federal urging a careful imple- not further impede, home AYES: Councilmembers Settle; Dunin, Bond, Dovey; and Mayor Billig NOES: None ABSENT: None C -13. Consideration of a resolution authorizing agreement between the City and Cuesta Valley Properties, Inc.; for the installation of Bishop Street waterline under quarterly program. On motion of Councilman Settle, seconded. by Councilman Dunin, the following resolution was introduced: Resolution No. 4507 (1981 Series), a resolution of the City of San Luis Obispo approv ng-an agreement between the City and Cues•ta Valley Properties Bishop Street Water Line, Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Bond, Dovey, and Mayor Billig NOES: None ABSENT: None is 1 City'Council Minutes June 2, 1981 - 7:00 p.m. Page Four C -14. Consideration of an agreement between the Ci Broadbent, Inc. to convey to the City a drainage easement alon boundary of a parcel located at 1380 Broad Street. and Arnett & the no On motion of Councilman Settle, seconded by Councilman Dunin, the following reso- lution was introduced: Resolution No. 4508 (1981 Series), a resolution of the City of San Luis Obispo approving an agreement between the city and Arnett & Broadbent, Inc. to convey to city a drainage easement along the northeasterly boundary of a parcel located at 1380 Broad Street. Passed and adopted on the following roll call vote: AYES: NOES: ABSENT: C -15. drainage an 5/14/81). Councilmembers Settle, Dunin, Bond, Dovey, and Mayor Billig None None onsideration of .a ri at South lic Services Director on and Elks Lane (continued from On motion of Councilman Settle, seconded by Councilman Dunin, that_the report be received and filed. Motion carried; all ayes. C -16. Consideration of a request by Jack McCurdy on proposed install- ation of curb, gutter and sidewalks on Phillips Lane (continued from 5/14/81). On motion of Councilman Settle, seconded by Councilwoman Dovey, that consideration of County request for City contribution to emergency medical program be deferred to pending budget review. Motion carried, all ayes. 1. Public hearing to consider a resolution confirming costs of swimming pool abatement pursuant to the Municipal Code. Jack Kellerman,.Building Inspector, stated that since March of 1978, he has been trying to get the owners of the property'at 539 Cerro Romauldo to fill the abandoned swimming pool in accordance with Section 8710.16 (a & b) of the Muni- cipal Code. He said that due to a divorce of the owners and a subsequent mental breakdown of the wife, who got the property out of the divorce settlement, he had no success.in gaining compliance with the ordinance. He continued that in December of 1980, the conservator for the owner agreed to have the pool filled, but ran into financial problems due to the unexpected high costs. In January of 1981, he received correspondence from the conservator asking him to have the city solve the problem in the most economical way possible. He was able to get a firm bid from a local contractor to do the work for $1,500.00. He said that in the correspondence from the conservator, they asked that the cost of filling the pool be placed.against the.property as a lien to be collected as taxes. He is requesting approval of the costs as a lien against the property.for swimming pool abatement at 539 Cerro Romauldo. Mayor Billig declared the public hearing open. No one appeared before the council for or against the resolution. Mayor Billig declared the public hearing closed. On motion of Councilman Bond, seconded by Councilman Settle, the following reso- lution was introduced: Resolution No. 4509 (1981 Series), a resolution of the City of San Luis Obispo confirming costs of swimming pool abatement pursuant to the Municipal Code. On motion of Councilman Settle, seconded by Councilwoman Dovey, that staff be directed to bring back resolution removing sidewalk requirement on west side of Phillips Lane. Motion carried, all ayes. C -17. Consideration of County request for City contribution to regional emergency medical program (continued from 4/28/81). On motion of Councilman Settle, seconded by Councilwoman Dovey, that consideration of County request for City contribution to emergency medical program be deferred to pending budget review. Motion carried, all ayes. 1. Public hearing to consider a resolution confirming costs of swimming pool abatement pursuant to the Municipal Code. Jack Kellerman,.Building Inspector, stated that since March of 1978, he has been trying to get the owners of the property'at 539 Cerro Romauldo to fill the abandoned swimming pool in accordance with Section 8710.16 (a & b) of the Muni- cipal Code. He said that due to a divorce of the owners and a subsequent mental breakdown of the wife, who got the property out of the divorce settlement, he had no success.in gaining compliance with the ordinance. He continued that in December of 1980, the conservator for the owner agreed to have the pool filled, but ran into financial problems due to the unexpected high costs. In January of 1981, he received correspondence from the conservator asking him to have the city solve the problem in the most economical way possible. He was able to get a firm bid from a local contractor to do the work for $1,500.00. He said that in the correspondence from the conservator, they asked that the cost of filling the pool be placed.against the.property as a lien to be collected as taxes. He is requesting approval of the costs as a lien against the property.for swimming pool abatement at 539 Cerro Romauldo. Mayor Billig declared the public hearing open. No one appeared before the council for or against the resolution. Mayor Billig declared the public hearing closed. On motion of Councilman Bond, seconded by Councilman Settle, the following reso- lution was introduced: Resolution No. 4509 (1981 Series), a resolution of the City of San Luis Obispo confirming costs of swimming pool abatement pursuant to the Municipal Code. City Council Minutes June 2, 1981 - 7:00 p.m. Page Five Passed and adopted on the following roll call vote: AYES: Councilmembers Bond, Settle, Dovey, Dunin, and Mayor Billig NOES: None ABSENT: None 2. Public hearing to consider a Planning Commission reco to approve the tentative map for Tract 952 to create a 26 unit commerci space condominium in 5 buildings for automobile related uses located at and 1485 Auto Park Way; C -H -PD zone; Mel Smith, subdivider. tion 1 Henry Engen, Community Development Director, stated that.the Planning Commission, on a 3 -0 vote, recommended the Council adopt the draft resolution granting approval of the tentative map for Tract 952, with a negative declaration on environmental impact and subject to findings and conditions listed in the resolution. Mayor Billig declared the public hearing open. No one appeared before the council for or against the recommendation. Mayor Billig declared the public hearing closed. On motion of Councilman Dunin, seconded by Councilman Settle, the following reso- lution was introduced: Resolution No. 4510.(1981 Series), a resolution of the City of San Luis Obispo granting approval of tentative map for Tract No. 952 located at 1449 and 1485 Auto Park Way. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Bond, and Mayor Billig. NOES: None ABSENT: None 3. Public hearing to.consider a recommendation of the Plannin Commission to approve the tentative map for a 4 -unit office air -space condo- minium conversion located at 555 Chorro Street,. PO Zone; John E. King, sub- divider. Henry Engen, Community development Director., stated that the Planning Commission, on a 3 -0 vote, recommended the council adopt the attached draft resolution granting approval of the tentative map for Tract No. 978 (Mission Grove Offices) subject to-findings and conditions listed in the resolution. Mayor Billig declared the public hearing open. Keith Gurnee, representing.John King, stated he had no problems with the con- ditions. Mayor Billig declared the public hearing closed. On motion of Councilman Dunin,:seconded , by Councilman-Settle, the following resolution was introduced: .Resolution No. 4511 (1981 Series), a resolution of the City of San Luis Obispo granting approval of tentative tract No, 978 located ' at 555 Chorro Street. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Settle, Bond, Dovey, and Mayor Billig NOES: None ABSENT: None City Council Minutes June 2, 1981 - 7:00 p.m. Page Six 4. Public hearing to consider a Planning Commission recommend- ation to approve the tentative map for Tract 979 (Victoriana) to create a 10 -unit residential air -space condominium in 3 buildings located at 533 Pismo Street, R -3 zone: John E. King, subdivider. ' Henry Engen, Community Development Director, stated that the Planning Commission, on a 3 -0 vote, recommended the council adopt the draft resolution granting approval of the tentative map for Tract No. 979 (Victoriana), with a mitigated negative declaration on environmental impact and subject to findings and conditions listed in the resolution. Mayor Billig declared the public hearing open. Keith Gurnee, representing John King, stated that this proposal has been the subject of a very carefully conceived development program and architectural design which attempted to maintain the Victorian character to an ornate area of Victorian detail. He said that this project has been the subject of seven publicly advertised meetings of which have received approval at that time. Hans Razmuzzen,..479 Pismo, read an editorial out of the Telegram- Tribune dated June 1, 1981 written-by Steve Quincos,.who lives next door to the property, stating his opposition to the project because of the traffic congestion that already exists on Pismo Street. Mayor Billig declared the public hearing.closed. Councilman Bond thought that the developer has 20 percent below the density allowed and that the project was in keeping with the old town neighborhood. He felt the':applicants had done an outstanding job on the design, the developer had done a good job with the restrictions and in cooperating with the 604A deficiencies, and would support the project. Councilman Settle supported the project, liked the design, thought that it was under the density and would not be unsightly or out of character to the neighbor- hood. Councilwoman Dovey supported the project and thought that the conditions and the major concerns and been addressed. Councilman.Dunin supported the project, felt that it blends into the neighborhood and that this type of housing was needed in the city. On motion of .Councilman Dunin, seconded by Councilman Settle, the following reso- lution was introduced: Resolution No. 4512 (1981 Series),.a resolution.of the City of San Luis Obispo granting approval of tentative map for Tract No. 979, located at 533 Pismo Street. Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Bond, and Mayor Billig NOES: None ABSENT: None 5, Public hearing to consider an appeal by Richard Warner of a determination by the San Luis Obispo Community Development Director granting a negative declaration of General Plan Amendment GP 0951. Henry Engen, Community Development Director, stated that on April 29, 1981 the Community Development Director granted GP 0951 a negative declaration after reviewing an initial environmental study prepared by the planning staff. He said that this determination has been appealed by attorneys representing Richard Warner. He continued that Mr. Warner owns property on Mill Street and has re- cently asked the city to rezone his property from R -2 to P0. He said that Mr. Warner also asked the courts to-require that the city rezone his property from City Council Minutes June 2, 1981 - 7:00 p.m. Page Seven R -2 to PO and that court consideration of his action is scheduled for May 29, 1981. Henry Engen recommended that the council deny the appeal and uphold.the Director's determination to grant a negative declaration. George Thacher, City Attorney, clarified that the project description includes the establishment of a precise standard. He said that the appeal itself appears to be an appeal from a determination to grant a negative declaration from the first letter of the appeal, page 5 -3, for the project initiated by the city to amend the General Plan. He stated that the land use general plan line itself will strictly define that line from U.S. 101 down through Mill Street. Mayor Billig declared the public hearing open. Shaunna Sullivan, of Miller & George Law Corporation representing Mr. Warner, stated that the appeal of the Community Development Director's determination to grant a negative declaration for the.project initiated by the city to amend the general plan to designate properties located at 1124, 1134, and 1144 Mill Street to R2 use is made pursuant to San Luis Obispo Environmental Impact Pro- cedures & Guidelines, IV B. She said that the ground for the appeal was that the city's Planning Commission and Department of Community Development had failed to comply with California Environmental Quality Act, the San Luis Obispo City Code, and the San Luis Obispo Environmental Impact Procedures and Guide- lines. She stated that the appellant challenges the director's determination that no significant environmental effect will occur as a result of the project and that this project of converting designated professional offices (PO) uses to residential uses may individually, as-well as cumulatively, cause significant effect on the environment. She .continued that the project has the potential to achieve short -term goals to the disadvantage of long -term environmental goals, such a project conflicts with adopted environmental and growth plans and goals as represented by the general plan and may also result in increased water consumption. She stated that the project will also conflict with established professional office uses in the area thereby disrupting and dividing the physical arrangement of the established community. She said that the director has apparently failed to consider these-.and other possible environmental impacts that may result from the project. Shaunna Sullivan stated that an Environmental Impact Report should be filed in accordance with CEQA and suggested that the proposed general -plan amendment be considered in September as originally scheduled in order that all require- ments of CEQA, the city code, and the city environmental guidelines are met as well as to provide sufficient time for public review of the proposed general - plan change initiated in such a hurried fashion by the city. She further stated that: 1) there was no record of any consultation with the lead agency, the Community Development Director, Council,.or Planning Commission; 2) there was insufficient.time for public input; 3) the project description is inaccurate; and 4) the initial study lacks elements required by the guidelines. George Thacher, City Attorney, stated that in January of 1980 the property owner applied to the city for a General Plan change from medium density to professional office because the boundary between PO and R density designation runs roughly through the middle of the property. He said that in that case it was up to the Planning Commission and the council to determine exactly where the land use boundary falls, that the determination by the Planning Commission was appealed to the City Council and the appeal was withdrawn. He said that now the council.is considering a.determination.of the General Plan that those three parcels fall within the medium density land use designation. Therefore, a request for a zoning change to PO was inappropriate, He continued that on March 17 the council upheld the appeal saying that the property owner was allowed to file for the negative declaration, and that the council in denying found that the land use designation line falls coincidental with the existing PO zone and the R -2 residential zone; leaving a piece of property unaffected.by the proposed General Plan change. On the insufficient.time for public review, he stated that there is no time limit set in either the state or city guide- lines. Councilman Bond stated he would support denying the appeal. Ll LI L r_7 City Council Minutes June 2,'198i - 7:00 p.m. Page Eight Councilwoman Dovey also stated that she would deny the appeal. Councilman Settle would deny the appeal and uphold the Planning Director's determination. On motion of Councilman Settle, seconded by Councilwoman Dovey, that the appeal be denied upholding the Community Development Director's determination and dir- ecting staff to bring back resolution agreeing with Director's findings. Motion carried. AYES: Councilmembers Settle, Dovey, Bond, Dunin, and Mayor Billig NOES: None ABSENT: None 6. Consideration of final passage of Ordinance No. 886 Section 4289 to prohibit the operation of motor vehicles on the unimp tions of private premises without the owner's permission. Lee Walton, Administrative Officer, stated that the ordinance was created to solve a problem with unauthorized motor vehicles and bicycles operating on private property without the consent of the private property owners. On motion of Councilman Settle, seconded by Councilwoman Dovey, that Ordinance No. 886 (1981 Series), an ordinance of the City of San Luis Obispo amending Section 4289 of the San Luis Obispo Municipal Code to prohibit the operation of motor vehicles on the unimproved portions of private premises without the owner's permission be given final passage. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Bond, Dunin, and Mayor Billig NOES: None ABSENT: None 7. City Council to appoint five citizens to study the adopted Campaign Regulations Ordinance to expire December 31, 1981 (continued from 5/5/81 Mayor Billig submitted the following names to be considered for appointment to the Ad Hoc Campaign Regulations Ordinance Committee: Mary Rhodes, LaVerne Schneider, Mike Morris, Ken Schwartz, Peg Pinard, Art Shaw, J. H. Fitzpatrick and David Hughes. Councilman Dunin stated that he was against the ordinance, thought that the state regulations were very confusing, and from his experience had not found one candidate that was happy with the ordinance. He said he would vote for the appointments.from the kindness_ of his heart. On motion of Councilman Settle, seconded by Councilwoman Dovey, that the following members be appointed to the Ad Hoc Campaign Regulations Ordinance Committee: 1) Mary Rhodes; 2) La Verne Schneider; 3) Mike Morris; 4) Ken Schwartz; 5) Peg Pinard; 6) Art Shaw; 7) J. H. Fitzpatrick with David Hughes as alternate. Passed on the following roll call vote: AYES: Councilmembers Settle, Dove}*, Bond, Dunin, and Mayor Billig NOES: None ABSENT: None 8. Council to make to the Mass Transportation nominations'for t of a senior citizen 5/19/81). Mayor Billig asked the council to submit names -of senior citizens they know to serve on the MTC, in order to have a pool of names from which to evaluate. She said that a letter went out to one seniors' group requesting nominations. City Council Minutes June 2, 1981 - 7:00 p:m. Page Nine It was the consensus of the council that all the groups be represented on the MTC and that an advertisement be taken out for a senior citizen to fill the vacancy. On motion of Councilman Settle, seconded by Councilwoman Dovey, that staff be directed to write letters to other senior groups inviting applications, adver- tise in the newspaper for senior vacancy and accept nominations from other Councilmembers. Passed on the following roll call vote: AYES: Councilmembers Settle, Dovey, Bond, Dunin, and Mayor Billig NOES: None ABSENT: None 9. Council to consider revised Committee, Commission Handbook (continued from 4/14/81 - Revised Handbook previously sent to Council). Geoff Grote referred to a hand delivered letter from John M. Carsel to the City Council dated June 1, 1981 pointing out what he believed to be an error with the minutes of April 14, 1981. Mr. Carsel's letter stated that he spoke, after clarifying he was speaking as an individual and not as a member of the Human Relations Commission, against the proposed two -year terms for all Commission members, stating that he felt this would not allow for minority viewpoints to continue to be heard on advisory commissions thus not providing the City Council with opinions of what may be 49% of the electorate. The minutes of April 14, 1981 stated that "He favored 2 -year terms for Commission members," which was an error. Geoff Grote continued that he is making further refinements to the grammar and punctuation in the handbook with the view of making it more clear and enhancing the readability. He referred to a mistake made in the handbook with regard to five commissioners and two -year terms, which the Housing Authority indicated in a memo dated May 29, 1981. He stated that the Housing Authority may wish to discuss specific issues such as the Mayor being entitled to dismiss Housing Commissioners. That is noted as a Commission "requirement. Additionally, he stated that the Housing Authority occupies a unique position with regard to commissions and committees and do function in a semi - independent manner. He suggested that the council advise the City Attorney's office or Administrative office to review this chapter prior to inclusion and specify that there are specific pieces of legislation which apply to this. With regard to the Parks and Recreation Commission which appears on page 27, he said that further recommendations should be made when this section is drafted to try to include some of the historical character of each of the groups and committees. He recommended the deletion that no more than five commissioners may be of the same sex. He directed the attention to-the chapter on the Tree Committee and stated that the council had not adopted an ordinance which specifically defines the duties and the number of commissioners. He noted that the Design Review Board is not contained in this handbook because'it is subject to some question as to what the council wishes to do with the Board. He said it is up.to the council to determine if it should continue and what the board's duties would be, noting that it was not currently up to strength. He concluded that the handbook tried to reflect the various thoughts expressed by members of the council as well as staff and have included a variety of issues subject to controversy. Mayor Billig thanked the staff for their-valuable comments and input on the handbook. She declared the meeting open for public comments to hear first from the chairpersons speaking on behalf of the entire commission or board and one other member, Then the hearing would be open to other members of the public who do not sit on commissions or boards, with the council finally re- viewing the handbook page by page. Sylvia Drucker, Chairperson of the Planning Commission, stated that she was happy that the CAO had indicated that we have allowed some of the opposite sex on the Parks and Recreation Commission. She referred to a memo from the Planning 1 u City Council Minutes June 2, 1981 - 7:00 p.m. Page Ten Commission noting that at the last meeting they had looked at the handbook together and indicated that through whatever set of circumstances, the Planning Commissioners did not receive a handbook till very recently. She reviewed each of the major issues, starting with the terms of office. She said that the Planning Commission unanimously feels that a two -year term might be an issue that the City Council would rethink; Planning Commission members do not feel that a two -year term is appropriate. With regard to the Code of Ethics on page 21 she felt that there should be some indication in the handbook, possibly with an introductory chapter, having to do with legal conflict of interest and persons wishing to serve on a committee. She continued that the city should take some affirmative action which has to do with protecting commission or committee people in court if someone wishes to sue. She referred to the section having to do with advocates approaching Planning Commissioners prior to meeting dates and felt that it should not be in the handbook. Ruth Wirshup thought that the concept of a handbook for commissions was commendable and provides an overview of various resources, added that if it complied with the applicable local state regulations then it would be a good handbook, and felt that the document lacked legal credibility. She said that changes must be made by a vote of the electorate and that changes created by ordinance must be changed by ordinance. She felt that some of the changes proposed were blatantly political and possibly uninten- tional. Realizing that to reduce commission terms from four to two years coincides with city elections, she felt that to.limit the term of office to two years was self- defeating. She felt that the Code of Ethics should be applied across the board, and hoped that there would be some orderly method whereby commissioners would have an opportunity for input. She-urged the council to consider not voting on the handbook at this time. Steve Nelson, Chairman of the Housing Authority, referred to a letter from several of the committees and commissions outlining their concerns. They felt that the handbook was a good idea, but that there was a problem with deficiencies in the draft. He said that several of the members had not had sufficient input so their joint recommendation was to postpone the adoption of the handbook so that committees and commissions could meet with the council in a study session for discussion in an informal manner in order to develop a handbook that would be meaningful and helpful rather than one which would have to be constantly revised and changed. He advised that there was a need on the part of the council to do some house- keeping in that there are a lot of vacancies on commissions and committees. He suggested waiting for the document to be completed so that when people are appointed they will be working under this set of guidelines.. The joint recommend- ations of the commissions and committees was to make the appointments contingent on whatever the final outcome of the document is, whether it stipulates three, four, or five year terms plus all the other factors when the council has had the chance to rectify all the deficiencies. He urged the council to postpone any decision - making for the time being until.the deficiencies are rectified, and to make appointments contingent on the final document that will be coming out later in the summer, Dr. Carl Lutrin, Vice - Chairman of the Citizens Advisory Committee, concurred with the comments made about the desirability of having more time to consider the document. He felt that two three -year terms would be ideal for the length of terms of the members, would be less political, and would allow more time for people to learn their jobs. Jay Schetzer, felt that there was no point in making any statement about their objections to the handbook, but if the council does decide they want to finish it tonite he would like an opportunity to speak. He said that CAC comments had been submitted in writing and discussed in detail with each of the council members and the Mayor, the purpose being not to lobby for CAC recommendations but to make sure that the council understood the reasons for them. He stated his concern about a volunteer group that may have done a great deal of work on a particular recommendation not being allowed to give public exposure to that recommendation. He agreed that the recommendations should be submitted in writing in advance, but thought that a volunteer group would be unhappy about not having their recommendations made public, whether accepted by the council or not, Terry Elfrink, representing the Human Relations Commission, stated that last night the Human Relations Commission, Planning Commission, Citizens Advisory Committee, and Design Review Board met at the HRC office to share some dis- cussions which they felt were quite beneficial in order to arrive at an acceptable City Council Minutes June 2, 1981 - 7:00 p.m. Page Eleven document, particularly because Mr. Grote had outlined what needed to be included at a later date. Billy Parker, Chairman of the Design Review Board, stated that he hoped the Design Review Board's purpose and duties would be included in some sort of document. He said that the DRB had been dealing with the problem of statement of purpose since April 2, 1979, and felt that the duties and examples of urban design should be mentioned in the handbook. He felt that the scope needed to be established and that if the council wished to disband the DRB that present or past members be at least informed of the disbandment or pro- ceedings so that they can comment. Tom Jones, commented on the Code of Ethics. He thought there should be a statement saying that members should not vote on any issues involving the members of special or business . associates, relatives of member, or spouses.. He also He said that there is a state law that covers the technical definition of con- thought that there should be an ordinance making null and void any vote by flict of interest, which goes beyond that into ethics. such a commission member upon an issue involving such 'a connection and also Steve Nelson stated that if the Code of Ethics is only applied to the Planning an ordinance making null and void any vote by a City Council member. Commission there is a potential for somebody doing something that he really Charles Andrews, representing the Planning Commission, stated that the City shouldn't be doing. He felt that the Code of Ethics was redundant because it Council should consider the introductory sentence on page 10, "The City Council was restating the fact, and that all the commissions and committees were against encourages maximum citizen participation in the business of city government." it. He was wondering if that was happening at this point in time. Councilwoman Dovey hoped that the members of the commissions realized that Jim Chaney, Vice - President of the Promotional Coordinating Committee, felt that the council was not taking an adversarial position, that they were just trying the handbook was acceptable to most of the members and supported the concept to give guidelines within which the commissions can work more efficiently and of having a study session. He felt strongly that the two -year term was def- comfortably. She said it was also an informative booklet for someone who wants initely too short, and was concerned about the standing of existing members that to apply for a commission as to what that commission does and what its purpose is. may have terms longer than the handbook was addressing itself to. He was also concerned about the succession of members in terms of there being a proviso for a member being off for a period and possibly being reappointed. He would 1 be against that simply because of the lack of interest on some committee. Helen Karlovich felt that when the council does make appointments it was imp- ortant to have people who were really interested and knowledgeable as to what goes on in the committee. Geoff Grote clarified for the council that the document does not amend an ordinance.; that ordinances will have to be amended by another ordinance. He addressed the issue of individual commissioners and stated that George Thacher will be putting together a document outlining where those options exist and the council may choose to put it into a handbook or not. Lee Walton commented on the Code of Ethics in that a Commission which has a quasi - judicial role makes decisions that are quite unique, and felt that it was awkward to apply a special conduct standard that doesn't apply to other commissions. He said that there is a state law that covers the technical definition of con- flict of interest, which goes beyond that into ethics. Steve Nelson stated that if the Code of Ethics is only applied to the Planning Commission there is a potential for somebody doing something that he really shouldn't be doing. He felt that the Code of Ethics was redundant because it was restating the fact, and that all the commissions and committees were against it. Councilwoman Dovey hoped that the members of the commissions realized that the council was not taking an adversarial position, that they were just trying to give guidelines within which the commissions can work more efficiently and comfortably. She said it was also an informative booklet for someone who wants to apply for a commission as to what that commission does and what its purpose is. Mayor Billig agreed that there would be a re- evaluation of the document and wanted to see a reassessment in six months; also a consistent reassessment of the document so that there is flexibility. City Council Minutes June 2, 1981 - 7:00 p.m. Page Twelve Councilman Settle stated he has always considered the commissions and committees one of the greatest assets the council has. He wanted to see a document that was going to be credible and even though not an ordinance it does set a tone. He preferred setting a date after the council has had an opportunity to review the entire package and get more feedback. Councilman Dunin pointed out that the document was just a guidebook for the commissions and committees and supported adopting the handbook, to be reviewed in six months with the individual commissions and committees to implement those points that are not workable. Councilman Bond agreed with Councilman Dunin in that the members are serving at the will of the council. He felt that it wouldn't hurt to review the document twice a year and disagreed with the other members of the council in that he didn't want to review it in 6 months. Taking into consideration the committee members' comments he wanted to see the document finished within the next two weeks. With regard to the Code of Ethics he thought that it was up to the individual committees to look at their conduct. The council reviewed the document page by page, inserted minor wording changes, and referred the document to staff to incorporate final changes including grammar and punctuation and bring back to council as soon as possible. 10. Consideration of Mass Transportation Committee recommendations dated 5/14/81. Dave Romero, Public Services Director, stated that the minutes of the Mass Transportation Committee meeting of May 14, 1981 were attached in the council's packets and that no council action was required unless the council differs with the recommendations. He said that of particular interest to the Council would be Item 3, whereby the Mass Transportation Committee recommends that the Mid -Day Pass.be discontinued effective September 1, 1981; Item 6 (a) and (b) whereby the Mass Transportation Committee recommends certain changes in the routes to allow buses to keep-on schedule and better serve the community; and Item 8, whereby the Committee recommends that the city not subsidize the Grass Roots senior van and station wagon. He recommended council concurrence with the recommend- ation of the Mass Transportation Committee. Mary Cummins commented on the use of SB325 funds in that the City of San Luis Obispo is the only area within the county that does not utilize any portion of those funds to provide services to senior citizens; and that other agencies could perhaps utilize those funds. She said that the bus system was not that accessible to the elderly who are trying to reach the nutrition site; that the Central Rehab Center provides transportation at $30 per trip which was not practical for senior citizens. Dave Romero responded that there was a senior citizens' pass that was heavily subsidized, at a cost of $2.50 per month but which does not provide adequate service for those who are not mobile. Helen Karlovich stated that a petition was circulated and signed by people who wanted to maintain and continue with the mid -day pass. She said that 260 people signed the petition disagreeing with the MTC condition to eliminate the mid -day pass. She said that the people were upset at the mid -day pass being eliminated and also the stop at the Greyhound B:us• Depot. She suggested that rather than eliminating to just raise the cost. Councilwoman Dovey stated that in response to the mid -day pass that there was a monthly pass for all seniors including students which is good all day. She concurred with all the recommendations of the MTC. Dave Romero responded that the monthly pass was still available but was much more expensive than the mid -day or senior pass. Councilman Bond also concurred with the MTC recommendations, primarily because the mid -day pass was being used by elementary children. He felt that more people would be using Route 2 to get to and from work, and saw no problem with Route 3 because it will still go by the bus depot. City Council Minutes June 2, 1981 - 7:00 p.m. Page Thirteen Councilman Settle supported the MTC's recommendations. Councilman Dunin supported the MTC recommendations. Mayor Billig also supported the MTC recommendations and thought that.a close eye should be kept on route 2 to make sure everything is going well. On motion of Councilman Bond, seconded by Councilman Settle, that the MTC recommendations be approved as submitted, except that the mid -day pass be continued with a report back to the Council in 6 months after school has started (March, 1982). Passed on the following roll call vote: AYES: Councilmembers Bond, Settle, and Dunin . NOES: Councilmember Dovey and Mayor Billig ABSENT: None Councilman Bond left the meeting at 11:30 p.m. 11. Consideration of specifications for property located at the corner of Palm and Osos Streets declared surplus by the City Council. . On motion of Councilman Dunin, seconded by Councilwoman Dovey, that this item be continued to the next regular meeting for further report and staff be directed to revise specifications. Motion carried, all ayes, Bond absent. 12. Consideration of an agreement between the City and.Ross, Levin and Maclntyre for architectural services in connection with the Cor- poration Yard. Dave Romero, Public Services. Director, stated that at the time the city hired this firm for master plan study for the corporation yard, they had antici- pated work relating only to the Gudel property, and therefore, felt fairly comfortable in a limited scope of work with a fixed. fee. He continued that as the firm got into the preliminary design, they found more and more reasons that the site would make a poor corporation yard. He therefore requested that they make a comparative study between the Gudel site and the Prado Road site, which was beyond the original scope of work. He said the council then requested investigating and going into escrow on a site on Tank Farm Road. In order to determine space and.locations needs, he requested fairly detailed master plan studies of this site, again beyond the scope of the original con- tract. He stated the result of.all these studies has been an architectural fee in excess of the $4,000 maximum specified in the original contract. The firm.is now conducting master plan studies at the Prado Road site finally selected by the council. He added that the firm has performed a valuable service and has been very responsive to the cityl's requests in making studies of the various sites. He recommended that the council approve the amended agreement. On motion of Councilman Settle, seconded by Mayor Billig, the following reso- lution was introduced: Resolution No. 4513 (1981 Series), a resolution of the City of San Luis Obispo approving an amendment to agreement with Ross, . Levin, MacIntyre, architects. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Billig, Dunin and Dovey NOES: None ABSENT: Councilmember Bond 13. _Consideration of a proposal by Peasley Accountancy Corpor- ation to conduct water and sewer rate studies (continued from 9/80). Dave Romero, Public Services Director, recommended that the city contract with Jerry Peasley for not only an annual review but a three year projection and review of both water and sewer ordinances. He said that Mr. Peasley is highly City Council Minutes June 2, 1981 - 7:00 p.m. Page Fourteen qualified for the task and has specialized his accountancy practice in the area of water and sewer utilities. Mr. Romero said that he was.quite satis- fied with the work Mr. Peasley performed under the Engineering Science Report and in 1978, contracted with him to audit.and review a rate increase submitted by San Luis Garbage Company. He said that Mr. Peasley is familiar with the city and its utility operations and it was his recommendation that the council accept the proposal of Jerry Peasley to conduct a Water and Sewer Revenue Requirement Study and that -the contract be authorized. On motion of Councilman Settle, seconded by Mayor Billig, the following reso- lution was introduced: Resolution No. 4514 (1981 Series), a resolution of the City of San Luis Obispo approving an agreement between the city and Peasley Accountancy Corporation. Passed and adopted on the following roll call vote: AYES: Councilmembers Etttle, Billig, Dovey, and Dunin NOES: None ABSENT: Councilmember Bond B -1. . City.Clerk`s report of bids _received for "SANTA ROSA STREET SIGNAL INTERCONNECTION," City Plan No. C =06, bid estimate $10,440.00 without contingencies: bids ooened Friday. Mav 22. 1981 at 10:00 a.m. Dave Romero, Public Services Director, stated that Safety Electric Corporation is working with Safetrans, the original builder of the city's traffic signals on Santa Rosa Street, to provide the interconnection between the signals down- town, the new ones in Santa Rosa Street, and Caltrans' system on Santa Rosa Street. He said it appears that they intend to install a new 170 controller in one of the city's boxes to act as the interconnect between the two systems. Also, as a part of this project they will design and retime the downtown signal system to work on a 70 second cycle as compared to the present 50 second cycle. Summary of the bids received follows: Bid Price Safety Electric Corporation $20,692.00 4957 E. Lansing Way Fresno, CA 93727 Lee Wilson Electric Company $269096.00 P. 0. Box 250 . Arroyo Grande, CA 93420 On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4515 (1981 Series), a resolution of the City of San Luis Obispo awarding low bid to Safety Electric Corporation in amount of $20,692.00. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, and Mayor Billig NOES: None ' ABSENT: Councilmember Bond There being no further business to come before the City Council, the meeting was adjourned at 12:45 p.m. Pamela Voges, City Clerk APPROVED BY COUNCIL ON: �1 lj July 7, 1981 / By Olivia Grande, Record'in'g Secretary