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HomeMy WebLinkAbout05/12/1975MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, MAY 12,'1975 ­7i30 p.m. CITY HALL.. Pledge Roll Call:. PRESENT: Myron Graham, Steven Petterson and Mayor Kenneth E. 'Schwartz ABSENT: T. Keith Gurnee and Jesse NOTrls City Staff PRESENT: J.H. -Fit -,Patrick, City Clerk; R.D. Miller, Administrative Officer; A.J. Shaw, City Attorney; Robert Strong, Community Development Director;'D.F.- Romero; Public Services Director .. -r - .:.. ... . . ------------------------ --------------- ----------------------------------------- 1. Mayor Schwartz asked that each member of the City Council on a standing committee give a brief report of activities to date. Mayor Schwartz reported on the County -wide Solid 19aste Disposal Committee. Councilman Grahammrep6 ted'on the activities-_6f the Tree Committee: Councilman Petterson reviewed the Waterways Planning Board program at this time'. Mayor Schwartz 'reported -on the last annual meeting of the Whale Rock'Comnission.' Councilman Graham reviewed the Zone 9 Advisory Committee meeting recently held. Mayor Schwartz "reviei ✓ed the Water Advisory Board meeting dealing with the exchange of iaater with the Lost Hills I;'ater - District. 2 "At -this time the City:Council held a 'up blic. hearing on the discussion of a revised sewer ordinance'to meet the requirements of the Regional Eater Quality Control Board. The plan called for the implementation of revisions and portions of the'City'sewer ordihdnce'to be'iewritten to comply with the E-.P.A.'guidelines. John Jenks, consulting engineer, acid Richard Doud of the consulting engineer's firm, reviewed the purposes and reasons for considering the new ordinance based -on these'cbnditions:� John Jenks'stated that'every city or sewer district in the State of California and the nation iaould have -to comply with the NPDES regulations. Richard Doud of the consulting firm Jenks $ Adamson stated that the same ordinance was beirig'adopted by San'Francisco County, "bv the east bay counties, and cities in the'Safi_Mateo area. John Jenks, Richard Doud,'and D.F. Romero reviewed in detail the'c'.ianges being recommended and prescribed in the current City ordinance in order to meet the requirements of the NPDES Federal requirements. One item brought to the Council's attention by the consultants was the low amount of sodium,chloride,� and T.D.S.` allowed to be maintained in the waste- water treatment process." This limitation would'hdve serious implications as far as commercial iaater softener 'operat'ions and liome- operated water softeners. were concerned. The consultant suggested that following Section 7501 (b)10 that the note be appended to read, "The above limitations for chloride sodium, total dissolved solids, and total nitrogen were based on the City's current NPDES permit requirements. Enforcement of these limitations would be at the discretion of the Director of Public-Services pending determination that such limits were reasonable as provided for under Section 'D !3 of the aforementioned NPDES permit." The City 'Attorney, A.J. Shaw, then reviewed with the City Council several wording changes for clarification and for "legalisti'cs in the matter of " penalties and"eiiforcement of the neia ordinance: ' q. City Council Minutes May 12, 1975 Page 2 A communication was received from the Department of Public Health, County of San Luis Obispo, asking that certain changes be made in the proposed sewer ordinance, such as: 1. That guidelines or restrictions for use of septic tank and sub- surface leaching system. 2. That the City require water flush toilets on all properties. 3. That the City adopt a regulation on toilet facilities required at public gatherings, one water closet or chemical toilet for e each 300 men or 275 women. 4. That the section dealing with swimming pool water and swimming pool backwash water be clarified. S. That the County Health employee officers be allowed to possess City credentials or identification for the right of entry to make necessary inspections. The Citv.Council discussed in detail the recommendations of the consultant dealing with -.the adoption of a new sewer ordinance to; comply with the regulations of the Regional-Water Quality Control ._Board. Mayor Schwartz declared the public hearing open for public input to. the revised sewer ordnance.. Paul F. Gundlach, Director, Environmental Affairs for the Quality Water Education Committee, appeared before the City Council on behalf of-the proposed sewer ordinance.being considered by the City Council at this time. He spoke on behalf of the merits and implications of the proposed sewer ordinance representing. -the water conditioning businesses and more importantly the many consumers who were now using water conditioning equipment in their homes. The proposed ordinance before the City Council this evening contained limitations on minerals, mainlv sodium_ and chloride that would have a significant impact on the water conditioning service business and could have far reaching implications affecting some- 10,000 residents of-San Luis Obispo who were presently using water conditioning equipment in their homes.. He. stated that. if the law as proposed,were,enforced, it would mean that some $500,000 worth of.water conditioning equipment could not be utilized by the residents of San Luis Obispo. Even if the ordinance were enforced, there was still some evidence to show that the City of San Luis Obispo would still be in violation of the NPDES permit requirements for sodium and total dissolved solids. The crux of the problem faced by the City of San Luis Obispo was with the requirements contained in a NPDES permit issued by the RIVQCB- Central Coast Region. ' , ' Due to the nature of-these requirements, he felt it was apropos, to discus the role-of water conditioning in San Luis Obispo and some alternatives to passage of the sewer ordinance. It was his feeling that.the conditions established by the permits to meet the state requirements for sodium, chloride and total dissolved. solids were extremely strict and could not even be met regardless how strictly the source, control was placed into effect. lie felt compliance with these require- ments would not be achieved. He felt'that'these requirements were made by the Water Quality Control Board in December of 1974, in a rush, without any real research or input as to the effect these discharges would have on. the sewer plant. In fact, he, felt that-the Board's requirements were based on incomplete information with regard to downstream beneficial uses and ground water hydrology. He felt the Board adopted incremental requirements for sodium, chloride and:TDS based on studies conducted in other communities in the late 1950',s. He then reveiwed a .technical report.with the City Council on methods of removing.sodium and chloride elements from wastewater, which were extremely expensive programs and the technology was not even available today. He felt that placing these requirements in the ordinance at this time was premature, and he was positive that the Board would be willing to accept a detail plan for salt source control measures that could be instituted to meet Board mineral requirements. He further felt that the possibility City Council Minutes IMay 12, 1975 Page 3 existed that passage of this ordinance by the City Council without a salt source study would cause.a - disservice to many businessmen and residences of San Luis Obispo. The Quality Water Education Committee recommended that a salt source study and abatement strategy plan be adopted in. lieu .of a strict source control ordinance. The Q1VEC presented to the City Council a detailed report on the impact of water conditioning discharges to the wastewater system to the downstream environment_ and to demonstrate that removal of softening salts would not allow the City to meet requirements. In summary, on behalf of his organization, he felt there was reason to believe that a strict source control ordinance was not needed at this time but rather a detailed study on the sources.to the waste system. He felt that an ordinance could be adopted at a later date to fit the perspective and objectives of the source control plan. 9:20 p.m. Councilman Norris arrived at the meeting. Upon question by a member of the City Council, Mr. Gundlach stated that his industry had not -made any studies along the lines he had suggested, even though his industry had been aware of the proposed standards for over four years. It was his impression that his industry did not feel that these regulations would ever be imposed as they were not based on what they felt were fact. He concluded by stating that it•was the feeling of his industry and his personal opinion that the sodium in water was really not the problem and he felt that the California Regional Water Quality Control Board was running in panic and was trying for a near perfect wastewater effluent. Pete Hanson, Servisoft Water Conditioning Service, asked that the Citv Council petition the Water Quality Control Board and see if they were really serious in these standards dealing with the control of sodium chloride. He could not believe that they were serious in this standard. Fred Hurst, President, Paso Robles Culligan Softwater Service, stated that he did not-believe that these standards set by the Water Quality Control Board were viable: He did not feel that sufficient investigation was available to the Quality Control Board on sodium. He'felt that the Council would be very foolish to enact the proposed ordinance with such stringent standards on the control of sodium chloride. He stated his industry would be most happy to make studies needed to overturn the Water Quality Control Board requirements and standards. No one else appeared before the City Council to object or support the proposed ordinance except those objecting regarding the chloride standards or the TDS, total dissolved solids, as submitted by the Water Conditioning Industry representatives. The City Council discussed the proposed ordinance as amended by the Council and staff this evening, including the so- called weasel -word amendment pending further ruling by the Water Quality Control Board. All members of the Council present were in support of the ordinance, but felt that the weasel =word amendment made them feel uncomfortable. They felt that until the final report of phase I was received from John Jenks consultant, the wording could be reviewed. On motion of Councilman Petterson, seconded by Councilman Graham the following ordinance was introduced: Ordinance No. 631 (1975 Series), an, ordinance of the City of San Luis Obispo amending Article VII, Chapter 5,'of the Municipal Code entitled, "Sewers," by repealing all sections previously contained therein 1 and adding new Municipal Code Sections 7500 through 7507 to provide a compre- hensive ordinance for the regulation of the City's sewer system. Passed to print on the following roll call vote:'. AYES: Councilmen Petterson, Graham and Schwartz NOES: Councilman Norris ABSENT: Councilman Gurnee City Council Minutes May 12, 1975 Page 4 Councilman Norris'stated that he was opposed to this.'ordinance, as he felt these were.provisions that the City would not enforce. 9:30 p.m.' Nlavor Schwartz called a recess. 9:40 p.m.. The.meeting reconvened with all Councilmen present except Councilman Gurnee. - 3. The City Council discussed with members of the Technical Advisory Committee, representatives of the Planning Commission, and City staff regarding 1 the Council's position on relative issues in the San Luis Obispo Regional Transportation Plan. Robert Strong, Community Development Director, reviewed with the City Council the issues that would be considered by the Transportation Planning Agency of San Luis Obispo County and Cities Area Planning Coordinating Council at the public hearing to be held at 7:30 p.m., Wednesday, May 14, 1975. Wayne Peterson, City Engineer:, reported that the Technical Advisory Committee was asking that the.Area Planning Council take a cautious approach to implement- ing the County Blass Transit System proposal. Rob Strong suggested that the Council consider:. 1) whether to continue transit study., 2) to buy new equipment or hire personnel, 3) expand the City program on a small basis, and 4) conduct more studies on other elements of the Regional Transportation Plan for the next year's update of the master plan. Steve Petterson, Councilman, suggested that there be no expenditures made on transportation countywide until a countywide.transit district was formed and voted on by the.people. He also suggested that the Council determine that there would be no change in showing on the plan the relocation of Highway 1 through Los Osos Valley. Fie also asked that the Council reconsider their action in continuing the.airport decision when all that was being asked in the proposed plan was that safety standards at the airport be increased. Rob.Strong felt that,; based on the County Capital Improvement Program Ctmmittee.'s recommendation that $1.1 million of improvements not be made to the San Luis Obispo County airport,until County policies were resolved, the present policy of.the City Council to continue study of the County airport element of the Regional Transportation Plan for one year.rather than immediate implementation of the plan remains appropriate. Councilman,Norris stated that he would support changing the Council's policy to support the installation of safety elements at:the airport.. Mavor Schwartz stated some of the questions involved with the airport were: 1) safety factors, 2) extending the landing strip, 3) installation of ILS, 4) possible landing of jet aircraft, and 5) larger aircraft. Charles Wiswell., President,-Swift Aire, explained to the City Council just what was being planned at the San Luis Obispo County Airport for safety considerations including the proposed ILS system. Robert Strong again stated he felt the,Council should adhere to their present policy of deferring improvements while continuing airport planning for one more year. lie felt that more input was needed for Council consideration, particularly airport noise impacts on land use. Councilman Petterson disagreed with Mr. Strong's statement and on prior Council action.to continue the airport discussion for another year. He felt the City Council should either approve or disapprove the airport plan now and not keep putting it off for more studies. Councilman Graham agreed with any improvements made to the airport in the interest of safety, but he was not for increasing the airport for larger aircraft. City Council Minutes May 12, 1975 Page 5 Robert Strong questioned the urgency of immediate improvements and suggested that another year's study would not hurt the program. Councilman Norris urged the Council to change its position and approve the installation of safety equipment at the airport for aircraft, passengers, and citizens using the airport. Mayor Schwartz stated he felt no question on safety. He felt Swift Aire was doing a good job, but he felt the Council had made a decision at a public hearing, at which time the Council determined that a vear's further delay for more study as to just what San Luis Obispo County Airport was to be, was reasonable to the environment, and to the City of San Luis Obispo. He could then, with full information before the Council, make a decision on what could be done, but now with the lack of information, he did not feel he could make a decision on the airport due to the lack of the City's General Plan and its major elements, and the lack of cooperation with the County on their General Plan. Jim Filbin, pilot, spoke in support of the recommendation in the Regional Transportation Plan for future improvements to development at the San Luis Obispo Airport. Due to the difference of opinion on the City Council, and the split feeling on the airport issue, the staff should keep the County fully aware of the City Council's support of safety improvements at the airport, but would rather hold off for further study at the time of the annual update of the Trans- portation Plan. The City Council approved the following statement for presentation to the City- County Area Planning Council on the Regional Transportation Plan. "The City Council has met on two occasions to discuss the San Luis Obispo Regional Transportation Plan. The general tenor of the Council's feelings have been that of conservatism. The Citv does not want a realignment for Highway 1. Santa Rosa Street was now and will be in the future the major connection to Morro Bay and the north coast. The traffic volume projections are generally felt to be excessive in light of the current projections for energy and land use constraints, such as water supply. The City recommended that any transit proposals, especially related to purchase of equipment and hiring of operation personnel be deferred until a more reasonable implementa- tion schedule had been worked out. The system if. even begun should be initiated in.small stages and growth should be directly related to experience and use. The City Council was split over the issue of the San Luis Obispo Airport. Recognizing the need, for additional information regarding the impacts of safety improvements and a limited load, 800 foot extension at the airport, (ILS system), the Council also felt there should be more study as to the effects of these improvements on the community and the surrounding area prior to implementation. The City's General Plan and County Noise Element should be available in September. ffhen this additional information became available; the Council indicated a definite decision could be made regarding the airport recommendations." 4. On motion of Councilman Graham, seconded by Councilman Norris the following resolution was introduced: Resolution No. 2769 (1975 Series), a resolution of the Council of the'City of San Luis Obispo approving an agreement with the California Department of Transportation regarding owner- ship and maintenance of drainage pipe for Highway 221, and authorizing the Mayor to execute same. Passed and adopted on the following roll call vote: AYES: Councilmen Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee