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02/16/1982City Council Minutes Tuesday, February 16, 1982 - 7:00 p.m. Page 2 C -3 CLAIM AGAINST THE CITY - JEANNINE SCHMID /LAUREATE SCHOOL On motion of Councilman Settle, seconded by Councilman Dunin, claim against the City by Jeannine Schmid /Laureate School in the amount of $1,180.36 for alleged city building requirement to install window frame at 1034 Mill Street be denied. Motion carried, all ayes. C -4 APPROVAL OF SPECIFICATIONS FOR FIRE ENGINE On motion of Councilman Settle, seconded by Councilman Dunin, that the specifications for "FIRE ENGINE FOR STATION NO. 3 ", bid estimate $140,000 be approved and staff authorized to call for bids. Motion carried, all ayes. C -5 PLANS AND SPECIFICATIONS - SEWERLINE IMPROVEMENTS On motion of Councilman Settle, seconded by Councilman Dunin, that the plans and specifications for "SEWERLINE IMPROVEMENTS - MISSION AND HELENA STREETS ", City Plan Nos. E -21 and E -22, bid estimates, $7,350 and $9,650 respectively, without contingencies be approved and staff be authorized to call for bids. Motion carried, all ayes. C -6 PLANS AND SPECIFICATIONS - WASTEWATER TREATMENT PLANT On motion of Councilman Settle, seconded by Councilman Dunin, that plans and specifications for "IMPROVEMENT AND ENLARGEMENT OF WASTEWATER TREATMENT PLANT ", City Plan No. F -32, bid estimate $1,365,000 without contingencies be approved and staff authorized to call for bids. Motion carried, all ayes. C -7 DELETION OF WASTEWATER ACREAGE FEE On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4735 (1982 Series), a resolution of the Council of the City of San Luis Obispo amending Resolution No. 4663 adopted November 3, 1981, revising the wastewater service rates to delete the acreage fees. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None C -8 FINAL ACCEPTANCE OF TRACT 937 On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4736 (1982 Series), a resolution of the Council of the City of San Luis Obispo accepting public improvements for Tract 937 located at 330 Johnson Avenue; Roger Brown, subdivider. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None C -9 EXTENSION OF TOWING AGREEMENT On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4737 (1982 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Bedloe, Inc., to haul away and lawfully dispose of any and all motor vehicles abandoned within the City. City Council Minutes Tuesday, February 16, 1982 - 7:00 p.m. Page 3 Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None C -10 ABANDONMENT OF DANA AVENUE On motion of Councilman Settle, seconded by Councilman Dunin, the following Resolution of Intention was introduced: Resolution No. 4738 (1982 Series), a Resolution of Intention to abandon a portion of Dana Avenue between Loomis and Hope Streets and setting the public hearing for Tuesday, March 16, 1982, at 7:10 p.m. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None C -11 ARCHITECTURAL AGREEMENT FOR POLICE FACILITY On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4739 (1982 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and firm of Merriam, Deasey and Whisenant to perform architectural services to begin police facility expansion /modifi- cation project. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None C -12 ELIMINATION OF EARLY MORNING BUS SERVICE On motion of Councilman Settle, seconded by Councilman Dunin, to approve the Mass Transportation Committee's recommendation to eliminate the early morning bus service if vehicle operations cost - per - passenger does not fall to $3 by February 28, 1982. Motion carried, all ayes. A. PRESENTATION OF APPRECIATION - FOSTER GRUBER Mayor Billig made presentation to Mrs. Foster Gruber of a Resolution of Appreciation for recognizing the late Foster Gruber for his contributions to the Laguna Lake Management Plan. 1. CONFIRMING COSTS OF SIDEWALK CONSTRUCTION Council held a public hearing to consider a resolution confirming costs of sidewalk construction of various streets within the city. Dave Romero, Public Services Director, stated that this was a part of the on -going curb, gutter and sidewalk installation and repair program and the city had posted various properties throughout the community. Most of the owners had hired their own contractor to make the repairs or improvements, and several of those owners elected to have the work done under city contract. Now that the work has been completed, City code calls for this hearing to permit the Council to hear comments and protests regarding cost of the construction and to confirm those costs. The property owner will have'31 days to make payment or the matter will be turned over to the County Tax Collector to be placed as a lien against the property, collectible with city taxes. The property owner C E 1 L City Council Minutes Tuesday, February 16, 1982 - 7:00 p.m. Page 4 may elect to make three annual installments, with 6 percent interest on the uncollected balance. Mayor Billig declared the public hearing open. No one spoke for or against confirming costs of sidewalk construction. Mayor Billig declared the public hearing closed. On motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 4740 (1982 Series), ' a resolution of the Council of the City of San Luis Obispo confirming costs of sidewalk construction pursuant to the Municipal Code with amended exhibits A and B. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None 2. FINAL MAP APPROVAL FOR MINOR SUBDIVISION 81 -170 Council held a public hearing to consider the final map approval of Minor Subdivision 81 -170 located at 1262, 1266 and 1270 Vista del Lago for the purpose of a lot line adjustment; Val Vista Estates, Stan Bell, applicant. Dave Romero, Public Services Director, explained that both the Public Services Department and Community Development Department concurred with the recommendation for final map approval; and he would urge Council's approval as well. Mayor Billig declared the public hearing open. No one spoke for or against the proposed final map approval. Mayor Billig declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4741 (1982 Series), a resolution of the Council of the City of San Luis Obispo granting approval of the final map of Minor Subdivision SLO 81 -170, located at 1262, 1266 and 1270 Vista del Lago. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None 0 APPEAL OF PLANNING COMMISSION - U1002 4. CHURCH STREET ABANDONMENT Council held a public hearing to consider the final abandonment of a portion of Church Street between Santa Barbara and Osos Streets; King Development Company, applicant (continued from 2/2/82). Mayor Billig stated that she had received a request by the applicant to continue the public hearing on -the appeal by Richard W. Ferris of a decision by the Planning Commission denying his request to allow a coin - operated amusement center located at 879 Higuera Street; C -C zone, to the March 2, 1982, Council meeting. ' Upon general consensus, Council agreed to continue this item to March 2, 1982. 4. CHURCH STREET ABANDONMENT Council held a public hearing to consider the final abandonment of a portion of Church Street between Santa Barbara and Osos Streets; King Development Company, applicant (continued from 2/2/82). City Council Minutes Tuesday, February 16, 1982 - 7:00 p.m. Page 5 Geoff Grote, Acting Community Development Director, explained that the applicant, King Development Company, was requesting the city abandon the subject portion of Church Street as a part of their proposed plans to make improvements to the Park Hotel property. As a part of the request, he had submitted a suggested change for the Osos and Santa Barbara Street intersection. The applicant and city staff feel this change would improve the circulation patterns in the area. The Council had reviewed these changes as part of their study of the draft Circulation Element and had been supportive of the changes. City staff also felt that Church Street should not be abandoned without the Osos /Santa Barbara Street intersection change happening concurrently. Originally, it was the feeling of the Community Development Department staff that Church Street abandonment could occur before or without the Osos /Santa Barbara Street intersection realignment. The Public Services Department staff had felt from the beginning that both the abandonment and the realignment should occur together and that the applicant should be responsible for the total cost. The Planning Commission had accepted the Community Development Department staff's view that the abandonment could occur before or without the Osos /Santa Barbara Street intersection realignment. Since the Planning Commission hearing, Planning and Public Services Departments staff had reached concurrence on the recommendation to the Council. Both departments believe that Church Street abandonment should occur simultaneously with realignment, however, neither of the staff believes the applicant should be required to pay the total cost and were recommending that the applicant contribute 25 percent of the cost of- realigning the Osos /Santa Barbara Street intersection and further, that the Council continue the final abandonment until the eight recommended conditions had been met. Upon question by Councilman Griffin as to how the staff had arrived at the 25 percent figure, Geoff Grote replied that there had not been a set formula. Dave Romero, Public Services Director, explained that originally Public Services staff had recommended 100 percent, so the developer was being asked for much less than originally requested. Councilwoman Dovey was concerned as to what the actual traffic count was on this triangle intersection for those northbound trucks on Santa Barbara turning back toward the depot. Dave Romero explained that a special traffic count was not available but could be done. Mayor Billig declared the public hearing open. Keith Gurnee, representing the applicant, briefly reviewed the history of the project. He explained that for many years the Osos /Santa Barbara intersection had been a real traffic problem and felt that only a marginal traffic number continued to use Church Street. He stated that staff had come up with 11 alternatives, none of them viable. His firm then came up with the alternative now proposed. He stated that when it went to the Planning Commission, there was never any discussion that the developer would have to participate financially in the Osos Street realignment, nor had there been any comment from staff at that time. Now staff is requesting .a $10,500 contribution or 25 percent of the project. If Council requires contributions, park amenities, as well as the Osos Street interchange improvements, the project would probably not be economically feasible. He would also recommend language changes in three conditions: Condition #3, to read "Should it be necessary to relocate the fire hydrant, applicant shall relocate bus stop and fire hydrant to the approval of the Public Services Department "; Condition V, delete the 25 percent financial contribution to the modification of the Osos /Santa Barbara Street intersection and Condition #8, final abandonment of Church Street would not have to occur concurrently with the modifications to the Osos /Santa Barbara Street intersection. Upon question by Councilman Settle, Mr. Gurnee stated that he could go along with the term "concurrent" if there was no financial improvements required by the developer on Osos Street. 1 1 1 City Council Minutes Tuesday, February 16, 1982 - 7:00 p.m. Page 6 Tom Hunt, owner of property near Church and Morro Street, was opposed to the abandonment because of the public safety factors involved. He felt it would be entirely too dangerous for trucks and other vehicular traffic making the sharp 270 degree turn at the Osos /Santa Barbara intersection. Mayor Billig declared the public hearing closed. Councilwoman Dovey again stated that she would feel more comfortable if she had the actual statistics on what the circulation•impacts from trucks would be with this closure. She did agree that something should be done about the Osos Street intersection. Councilman Settle could agree with the fire hydrant condition being modified. He would favor the concurrent provision that the modifica- tions to the Osos /Santa Barbara Street intersection occur with the final abandonment of Church Street. He could support the closure of Church Street. He would support the city's approach to a more rounded -off intersection at the Osos /Santa Barbara intersection. He would be willing to add this as a top priority for the CIP next year. Councilman Dunin stated that he was unsure as to the closure of this street. He felt this would have a severe impact on.the safety for larger trucks. He would be opposed to any type of gazebo as suggested by the applicant in the park area as he felt this should remain a passive park because it was a.. dangerous area: and small..:children'.should not be encouraged. He felt if the Park Hotel project would become a low- income housing project,.it would further reinforce his feelings of leaving this a passive park. He had no problem with the wording change to Condition 413. He would leave Condition 418 as is with possible amendment as to the specification of time. Councilman Griffin stated he had no problem with modification to Condi- tion 413. He had difficulty with the rationale for the 25 percent contribution recommended by staff. He-would be willing to set the contribution 20/80. He felt that Condition 418 was okay but would suggest amendment to read, "final abandonment of Church Street shall occur in conjunction with (as opposed to concurrent with) modifications to the Osos /Santa Barbara Street intersection." He would support the remainder of the staff recommendations. Geoff Grote stated that the Council might wish to direct staff to include this intersection in the street deficiency priority list. Councilman Dunin stated that he would like some assurance that with regard to Condition 418, this intersection would be completed before Church Street is abandoned. Mayor Billig felt that this neighborhood area greatly needed a uplift and additionally, to have the building brought up to code would please both Fire and Police departments. The development was going to provide a much needed low - cost.housing project, would be giving the city addi- tional parking which would help to alleviate some of the downtown problems. She suggested that in lieu of Condition 417 for a financial contribution, that.Council request.the developer to put in additional park amenities or make improvements to the parking lot behind Railroad Square, which was in bad need of repair. She would also support a more rounded curve to "the Osos /Santa Barbara intersection. She would be willing to amend Condition 413 with suggested wording change. She felt that Condition 418 language could be worked out.., Councilman Settle agreed with statements made by Mayor Billig. Upon general consensus, Council agreed to support the eight conditions recommended by staff with the following amendments:. .1) Condition 413 to read, "Should it be necessary to relocate the fire hydrant, applicant shall relocate bus stop and hydrant to the approval of the Public Services Department "; 2) Condition 417, "The-applicant shall provide up to $8,000 of community orientated amenities "; 3) Condition 418, "Final City Council Minutes Tuesday, February 16, 1982 - 7:00 p.m. Page 7 abandonment of Church Street shall occur in conjunction with modifica- tions to the Osos /Santa Barbara Street intersection "; and 4) Council would support a more curved or rounded intersection at Osos and Santa Barbara Streets (5 -0). 1 . 5. REVIEW OF USE PERMIT CONDITIONS U0794 -A Council then reviewed Conditions Nos. 4, 5, and 12 of Council- approved use permit allowing a new three -story social services office complex located at 3220 South Higuera, PF -S zone, Walter Brothers Construction Company, applicant. Ken Bruce, Senior Planner, explained that Conditions #4 and #5 of the approved use permit required the applicant to pay the city a percentage of the total cost toward future installation of traffic signals at the intersections at Margarita and South Higuera Street and at Prado Road and South Higuera prior to issuance of any building permits or prior to occupancy of the new building respectively.. Condition X612 of the approved use permit stated that in the event traffic signalization was not completed in two years, the matter would.be referred back to the Council for determination of cost participation. The signals have not been installed; this is now the two -year review. Staff is.recommending that Condition #4 and #5 remain as originally approved but to allow the developer to post.a bond to guarantee payment to the city of $43,000 or actual cost at time of payment for the future installation of the two traffic signals. Mayor Billig declared the public hearing open. No one spoke for or against the issue. Mayor Billig declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Dunin, the following resolution was introduced: Resolution No. 4742 (1982 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the City and Walter Brothers Construction Company including staff's recommendations to allow a bond for future traffic signal installation. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None 6. CONTRACT FOR SLO MUNICIPAL TRANSIT VEHICLE OPERATIONS Council considered the form of a long -term contract for vehicle opera- tions on San Luis Obispo Municipal Transit and authorization for staff to call for bids. Dave Romero, Public Services Director, explained that the current contract for vehicle operations terminates on April 1, 1982. They were now negotiating to extend this term until June 30, 1982. In.preparing the contract, staff aimed for two results: 1) Contract invite several competitive bids and 2) contract provide for city plans to purchase coaches and build a bus yard. They felt that the short contract terms had discouraged responsible, prospective bidders in the past, so they were proposing a contract for a five -year term with an option for the city to extend it an additional five years. They felt the long -term would allow the successful bidder to better plan his organization, spread start -up costs over a longer period, and more easily secure financing for his operation. Also, to provide the successful bidder with the same economies of scale available to the current contractor, they tied together the contracts for the SLO Municipal Transit and North Coastal Transit into one bid package. For legal purposes, the successful bidder would enter into two contracts but for practical purposes he would be operating one interrelated system. The North Coastal Transit Board also had agreed to this. Under the current contract, the contractor City Council Minutes Tuesday, February 16, 1982 - 7:00 p.m. Page 8 had a fixed rate.per mile, a rate which covers all his operating and capitalization costs. Because the city would eventually buy the coaches and build the facilities required for SLO Municipal Transit, they included provisions to pay the contractor separately each month for his costs to temporarily furnish the required coaches and facilities. Staff was recommending that Council approve the form of the long -term contract for vehicle operations on the SLO Municipal Transit and authorize staff to advertise for bids. Councilman Dunin questioned what kind of profit the operator would be receiving. He was concerned that the city takes all the risks. He knew how much the city loses and felt it was fair to ask how much the operator would make. Geoff Grote explained that the operator's records would be open at any time pursuant to the agreement and felt that the agreement provided an overall accountability that was acceptable to staff. Councilman Griffin suggested a.. mechanism be devised for an-objective auditing system as an additional provision to the agreement. Upon question, Dave Elliot responded that staff had emphasized effective- ness over efficiency. He stated that all records were available for city review and was concerned that if too many restrictions were placed upon having the successful bidder's financial records open to the public, they might be reluctant to bid. Mayor Billig agreed with comments made by.Councilman Dunin and recounted similar problems are found in franchises and that.once the franchise is signed, there is no way of adequate enforcement. Any problems or questions that the Council wished to resolve should be done at this time." 1 Dave•Elliot explained that the fundamental difference here was that this was-a contract and not.a franchise. A provision existed that either party could get out of the agreement with a one -year notification to-the other party. Considerable discussion ensued-regarding the pros and cons of having a better financial accountability and service accountability. Councilman Dunin-felt strongly that the efficiency was most important, especially in lieu of buses traveling half empty much of the time: This was an extremely large financial burden on the taxpayers, and he wanted to be responsive to their needs. The Council also expressed concern that buses be well:maintained and reviewed on a regular basis. It was suggested that additional language be added to Section 6 to read, "That the company shall maintain all coaches operated and shall perform all the periodic preventative mainten- ance specified by the manufacturer on the coaches provided by city at the will of the city." City Council agreed to revised language to Section 12 under Records, the last paragraph to read, "If required by any pertinent regulatory agency, company shall present to city certified, independent financial audit reports of its recordsiand accounts. City shall reimburse company up to 50 percent of.company's extraordinary. expenses incurred to present these reports." There was also consider- able discussion to add a performance evaluation paragraph here also. Mayor Billig questioned Exhibit "B" and suggested strengthening state- ments with regard to the driver responsibilities. She was primarily concerned with statements 2 and-3, which read,. "The driver should always be helpful -and courteous to passengers," and "The driver should notify passengers when transfers are required." She felt it was important that the operator know the city's position and desire to be responsive to its citizens and being helpful to the elderly and handicapped. City Council Minutes. Tuesday, February 16, 1982 - 7:00 p.m. Page 9 Council agreed that the invitation to.bid should have some sort of goal statement that might read, "A goal of the City of San Luis Obispo is to provide...': Councilman Dunin again questioned how much the operator would make. Councilman Settle agreed that the operator profit margin for the city. He as to other operations he might would not have. should be able to explain the have to make his records known Dave Romero, Public Services Director, felt that to ask this would be counter - productive. He felt this was similar to public works contracts and as such the city does not ask what kind of a profit margin a bidder will make. The city simply accepts the low bid and if the operator can make money, that's well and good, if he doesn't, that is also not a problem of the city's. . Geoff Grote, added that regarding the profitability issue, the low bid determines profit as the city controls the routes, and the operator must provide what the city has set forth in its bid criteria. Paul Lanspery, Administrative Officer, stated staff was asking for authorization to:solicit for bids. After.bids were received, staff would make an evaluation as to the cost differences between.the city or a private.contractor handling the bus contract and base its recommenda- tion to Council accordingly. Pat Linnington, President of San Luis.Obispo Transportation and operator for the last five years of the bus system, stated that he agreed with the Administrative Officer's recommendation. He further explained that his drivers did receive at lease 30 hours of training, and they held monthly safety meetings to discuss problems that arise. He felt the draft contract would be extremely hard to bid with the numerous restric- tions placed within the document. With regard to the operation.of the bus system, he stated that the city had probably not received more than 12 to 14 complaints, within the last year with 80 percent of them having come from one person. He felt this was an extremely good ratio considering the hundreds of thousands of citizens that were transported. In answer to Councilman Dunin's question.with regard to the high cost of maintaining a bus system, Mr. Linnington replied that this issue is relative and the SLO Transportation service was probably within average of all California services and reasonable considering other cities and their bus systems. Both his drivers.and himself were very tuned into service first and not safely profitability for the citizens of San Luis Obispo. Mrs. Helen Karlovich, frequent bus rider, stated that she felt there was a conflict of interest by Mr. Linnington's company in that he is operator of both the taxi service, as well as the bus system. Eliminating the recent early morning bus service on Sunday's would allow him to reap higher monetary profits as there would be a stronger need for the taxi service on Sunday mornings. She felt strongly that the city would be better by running the bus system itself. She felt the early morning bus service would have proved successful provided there had been more adver- tising. She did not feel that the bus system was promoted to the fullest extent and consequently, the lack.of return. On motion of Councilman Griffin, seconded by Councilman Settle, that staff to be authorized to solicit bid proposals as amended.. Motion carried, all ayes. Upon general consensus, staff was requested to report on the possible Conflict of Interest issue raised regarding the taxi and bus operations being run by the same operator. D 1 City Council Minutes Tuesday, February 16, 1982 - 7:00 p.m. Page 10 7. ORDINANCE NO. 917 - PLANNING COMMISSION - INCREASING MEMBERSHIP Council held a public hearing to consider the final passage of Ordinance No. 917, an ordinance amending the Municipal Code to increase the Planning Commission from five to seven members. Mayor Billig declared the public hearing open. No one spoke for or against the proposed final passage. Mayor Billig declared the public hearing closed. On motion of Councilman Settle, seconded by Councilman Griffin, to give final passage to Ordinance No. 917. Finally passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None 8. ORDINANCE NO. 918 - SEWER ORDINANCE (PERMIT DISCHARGE PROCEDURES) Council held a public hearing to consider the final passage of Ordinance No. 918, an ordinance regarding standards and regulations for quality of sewer discharge. Mayor Billig declared the public hearing open. No -one spoke for or against the proposed final passage. Mayor Billig declared the public hearing closed. On motion of Councilwoman Dovey, seconded by.Councilman Griffin, to give final passage to Ordinance No. 918, an ordinance regarding standards and regulations for quality of sewer discharge. Finally passed on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Dunin, Settle and Mayor Billig NOES: None ABSENT: None 9. ORDINANCE NO. 919 - STREET NAME AND ADDRESS REGULATIONS Council held a public hearing to consider the final passage of Ordinance No. 919, an ordinance to amend to Municipal Code establishing street name and address regulations. Mayor Billig declared the public hearing open. No one spoke for or against the proposed final passage. Mayor Billig declared the public hearing closed. On motion of Councilwoman Dovey, seconded by Councilman Settle, to give final passage to Ordinance No. 919, street name and address regulations. Finally passed on the following roll call vote: ' AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig NOES: None 10. ORDINANCE NO. 920 - OVERSIZED STRUCTURES AND VEHICLES ON CITY STREETS Council held a public hearing to consider the final passage of Ordinance No. 920, an ordinance amending the San Luis Obispo Municipal Code to City Council Minutes Tuesday, February 16, 1982 - 7:00 p.m. Page 11 provide for the regulation of transportation of oversize and overweight structures and vehicles over city streets (continued from 1/5/82). Mayor Billig declared the public hearing open. No one spoke for or against the proposed final passage. Mayor Billig declared the public hearing closed. On motion of Councilman Settle, seconded by Councilwoman Dovey, to give final passage to Ordinance No. 920 relating to the oversized structures and vehicles on city streets. Finally passed on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None 11. ORDINANCE NO. 921 - ORCUTT ROAD SETBACK Council held a public hearing to consider the final passage of Ordinance No. 921, an ordinance revising the adopted official building setback lines on Orcutt Road between Broad Street and Johnson Avenue; City of San Luis Obispo, applicant (continued from 2/2/82). Mayor Billig declared the public hearing open. No one spoke for or against the final passage. Mayor Billig declared the public hearing closed. On motion of Councilman Dunin, seconded by Mayor Billig, to give final passage to Ordinance No. 921 relating to the Orcutt Road setback lines. Finally passed on the following roll call vote: AYES: Councilman Dunin, Mayor Billig, Councilmembers Dovey, Griffin and Settle NOES: None ABSENT: None 9:30 p.m. Mayor Billig adjourned the meeting to Closed Session to discuss Personnel and Litigation Matters. 10:45 p.m. City Council reconvened, all Councilmembers present. A. SONIC CABLE T.V. On motion of Councilwoman Dovey, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 4743 (1982 Series), a resolution of the Council of the City of San Luis Obispo approving a letter of agreement between the City and Rutan & Tucker, Attorneys - at -law, to retain legal services in connection with Sonic Cable T.V. suit. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None City Council Minutes Tuesday, February 16, 1982 - 7:00 p.m. Page 12 There being no further business to come before the City Council, Mayor Billig adjourned the meeting to Monday, February 22, 1982, at 12:10 p.m. i f amela Voges, Citq CIerk APPROVED -BY- COUNCIL - -3 /16/82 M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, FEBRUARY 22, 1982 - 12:10 P.M. COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA STUDY SESSION ROLL CALL Councilmembers Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin, Allen Settle and Mayor Melanie C. Billig Absent: None 1 City Staff Present: Paul Lanspery, Administrative Officer; George Thacher, City Attorney; Pamela Voges, City Clerk; Geoff Grote, Acting Community Development Director; Terry Sanville, Senior Planner; Glen Matteson, Assistant Planner After brief discussion, it was moved by Councilman Griffin, seconded by Councilman Settle, to- authorize staff to prepare a response by the , March i deadline to the Regional Water Quality Control Board responding to their letter dated February 11 and outlining the requested information for items 1 and 2, and a response to item 3 with an amended statement referring to the City's intent to award the contract to the lowest acceptable bidder without delay, subject to the State Board's approval A. SAN LUIS OBISPO CLEAN WATER GRANT George Thacher, City Attorney, explained the City still had its appeal before the California Regional Water Quality Control Board; however, he had received a letter dated February 11 from WQCB requesting the follow- ing: In order to avoid termination of the grant, the following informa- tion needed to be submitted by March 1: 1) Date the request for bids was advertised; 2) schedule for starting construction, including receipt of bids, award of contract, and start -up construction; and 3) statement that the City intends to award a contract to the lowest acceptable bidder without delay, subject to the State Board's approval to award. He had no problem responding to items 1 and 2 but would suggest addi- tional language to item 3 that the City award a contract to the lowest acceptable bidder without delay, subject to State Board's approval to award and subject to the status of the City's appeal. Councilman Dunin was concerned that the City was putting the entire grant in jeopardy. After brief discussion, it was moved by Councilman Griffin, seconded by Councilman Settle, to- authorize staff to prepare a response by the , March i deadline to the Regional Water Quality Control Board responding to their letter dated February 11 and outlining the requested information for items 1 and 2, and a response to item 3 with an amended statement referring to the City's intent to award the contract to the lowest acceptable bidder without delay, subject to the State Board's approval