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HomeMy WebLinkAbout02/05/19731 I MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA February 5, 1973 - 7:00 p.m. City Hall Roll Call Present: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz City Staff Present: J. H. Fitzpatrick, City Clerk; W. Flory, Director of Parks and Recreation; R. D. Miller,. Administrative Officer; R. A. Paul, Director of Water Department; E. L. Rodgers, Police Chief; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief; A. J. Shaw, Jr., City Attorney; R. Young, Planning Director C -I. The City Council approved payment of claims against the City subject to authorization by the Administrative Officer. C -2. Minutes of November 20, December I and December 4, 1972 were approved. C -3. The City Clerk reported the following bids were received for providing life insurance for on -duty police officers: LIFE INSURANCE ACCIDENTAL DEATH Monthly Bidders Coverage Premium Per Officer Republic National Life $5,000 $1.15 Insurance Company (Brian P. Moriarty, Agent) College National Life $5,000 $1.45 (M. E. Vanner, Agent) Hartford Life and $5,000 $1.50 Accident Insurance Company (J. R. Smith & Assoc., Agents) 24 -HOUR COVERAGE - Annual Premium Cost to City P,eDublic National Life 2/15/73 to 6/30/73 $283.05 7/1/73 to 6/30/74 $816.00 College National Life 2/15/73 to 6/30/73 $316.35 7/1/73 to 6/30/74 $843.60 Hartford Life 2/15/73 to 6/30/73 $333.00 7/1/73 to 6/30/74 $960.00 AND DISMEMBERMENT Monthly Coverage Premium Per Officer $5,000 $ .55 $5,000 $ .45 $5,000 $ .50 The City Council accepted the low bid from Republic National Life Insurance Company, Brian P. Moriarty, Agent. City Council Minutes February 5, 1973 Page 2 C -4. The following contract payments were approved: R. Baker Construction Co. Est. #4 $ 2,576.45 Woodbridge Waterline Improvement City Plan 31 -72 Burke Construction Co. Est. #5 12,359.04 Madonna Road Widening City Plan 26 -72 Change Order #1 889.04 Conco Engineering Contractors Est. #3 1,566.00 Municipal Parking Lot #9 Improvement Est. #4 980.80 City Plan 37 -72 (Final) Pfleider- Grimont Est. #2 4,194.45 Water System Improvement Fireline City Plan 9 -73 Lee Wil.son•Electric Co. Est. #I 87385.34 Johnson- Lizzie Traffic Signal City Plan 16 -72 C -5. The City Council denied a claim against the City by City Neon, Inc., for damages to a sign allegedly caused by a street tree. The claim was referred to the insurance carrier for the City. C -5A. The City Council denied a claim by Doris Mae Stalnaker for injuries sustained on a sidewalk on Mill Street and referred the matter 1 to the City's insurance carrier. C -6. The City Council continued an appeal by Mobil Oil Company regarding a requirement that a fire hydrant be installed at 821 Foothill Boulevard before remodeling of a service station, until Council policy regarding similar appeals was determined. C -7. The City Council received and filed a report from the Chief Building Inspector that the property owner of 1730 Morro Street has indicated that the existing structure would be removed and a new dwelling constructed. C -8. A communication from the Chief Building Inspector concerning the roof at the City Recreation Building, and the cost of replacement was referred to budget sessions. C -9. The Mayor was authorized to accept an easement at Johnson Avenue and Munoz Street from Martin and Susan Polin. The City Clerk, upon acceptance of the easement, was directed to submit the easement for recordation. C -10. The City Council received and filed a notice of public hearing before the Public Utilities Commission regarding methods for the PUC to comply with the Environmental Quality Act of 1970. C -I1. The City Council received a communication from Ethan Jennings, Jr., AIA, requesting that the City have copies of all adopted codes available for sale to the public upon request. The staff was directed to comply with this request. City Council Minutes February 5, 1973 Page 3 C -12. The City Council received a communication from the Regional Water Quality Control Board requesting that the County and cities within San Luis Obispo County adopt an ordinance establishing standards regarding water wells and cathodic protection wells. The staff was instructed to meet with County representatives. C -13. The minutes of the Tree Committee meeting of January 26, 1973 y were received and filed. C -14. The minutes of the Mass Transportation Committee for January 9 and 15, 1973 were received and filed. C -15. The City Council authorized solicitation of informal bids to paint the temporary water tanks at Royal Way as recommended by the Planning Commission. C -16. The City Council approved the recommendation of the Promotional Co- ordinating Committee that the City underwrite a horse show planned by the San Luis Obispo County Medical Society Women's Auxiliary. The amount of the underwriting to be $1,000. C -17. The Design Review Board .minutes of January 9 and 31, 1973 were received and filed. On motion of Councilman Gurnee, seconded by Councilman Brown, the consent items were approved as indicated. I. At this time the Citv Council considered the final. passage of ORDINANCE NO. 574, an ordinance of the City of San Luis-Obispo amending the San Luis Obispo Municipal Code Section 8160, "Amendments, Uniform Plumbing Code," to Provide installation standards for bituminous fiber pipe. Mavor Schwartz declared the public hearing open. No one appeared for or against the proposed ordinance. Mayor Schwartz declared the public hearing closed. On motion of Councilman Gurnee, seconded by Councilman Graham, the following ordinance was introduced for final passage: ORDINANCE 1,10. 574, an ordinance of the City of San Luis Obispo amending San Luis Obispo Municipal Code Section 8160, "Amendments, Uniform Plumbing Code," to provide installation standards for bituminous fiber pipe. Finally passed on the following roll call vote: AYES: Councilmen Blake, Brown, Graham, Gurnee and Mayor Schwartz NOES: None ABSENT: r.None 2. R. A.. Paul, Director of the Water Department, summarized the proposal of Penfield and Smith Consulting Engineers, Inc., to prepare the Los Osos Valley -Lower Higuera area water service improvements. He reviewed the scope of the contract, the work to be accomplished under the contract, the methods of payment and the methods for which reports would be delivered. He introduced Jerry Smith of Penfield and Smith, who was prepared to answer questions regarding the proposed contract. Jerry Smith also introduced hen Dawson who would be project engineer for the San Luis Obispo project. City Council Minutes February 5, 1973 Page 4 On motion of Councilman Graham, seconded by Councilman Gurnee, the City Council accepted the proposal of Penfield and Smith and authorized the Mayor to sign the agreement. Motion carried. On motion of Councilman Brown, seconded by Councilman Graham, that the Engineers be authorized to initiate Divisions I.A. and I.B. of the agreement immediately. Motion carried. 3. R. A. Paul, Water Department Director, then reviewed for the City Council his report 1 -73 entitled, "Consideration of Pipeline Grid and Fire Flow Requirements and Possible Financial Participation by.the City." Included in the report were suggestions of ordinances and resolutions for adoption by the Council if they agreed with the principles presented in the report. The report reaffirmed the modifications to the previously adopted loop resolution and fire flow ordinance. The modification to the requirements for pipeline reliability, as presently contained in Resolution 2376 (1972 Series), essentially divides the responsibility for providing reliability between the City and private developers. As now proposed, the City would plan and eventually complete an "adequate transmission system." Each individual developer would connect a "reliable water distribution system" to the City's transmission system without regard as to whether or not the City's transmission system presently furnished a complete grid for reliability. He continued that the first enclosed draft resolution provided for a method to identify and eliminate deficiencies with- in the older parts of town. Outs.i.de of the Los Osos Valley - Higuera areas, this area would probably be the greatest continuing problem and shoul.d be tackled first. The second draft resolution provided a pilot program for financial assistance to the developers whose water system improvements provided substantial benefits to adjacent properties. The criteria for setting the amount of contribution had been left rather general as it was difficult to identify each situation to a standard. The third draft resolution was simply a reaffirmation of a previously established policy, and this criteria would become extremely important in sizing future pipe- lines to provide adequate fire flows and should therefore be reviewed by the City Council. The City Council and Water Director then reviewed in detail the suggested ordinances and resolutions for accomplishing the recommendations in Water Report 1 -73. The matter was set for public hearing on February 20, 1973 to gain public input. No objections were registered by developers Mori, Lucas, Wheeler and Polin to continuing the hearing to February 20, 1973. 4. Legal opinion from A. J. Shaw, Jr., City Attorney, on the question of the possibility of the taxi franchise holder operating the so- called "dial -a -bus" service and whether it would be in conflict with the existing franchise. After a review of pertinent resolutions and ordinances, it was his opinion that the proposed "dial -a -bus" service .would come within the terms of the Municipal Code and would not conflict with any existing taxi franchises or permits. 5. At this time the Council held a public hearing on RESOLUTION NO 2412, a resolution of intention to abandon a portion of Rockview Place. R. Young presented the recommendation of the Planning Commission and stated that they could see no future use or need for this portion of Rockview Place. Mayor Schwartz deccared the public hearing open. No one appeared for or against the abandonment. Mavor Schwartz declared the public hearing closed. 1 [l 1 City Council Minutes February 5, 1973 Page 5 On motion of Councilman Blake, seconded by Councilman Brown, the following resolution was introduced. RESOLUTION 1,10. 2425, a resolution finding and determining that a portion of P,ockview Place is unnecessary for present or prospective street purposes and ordering the abandonment of same. Passed and adopted on the following roll call vote: AYES: Councilmen Blake, Brown, Graham, Gurnee and Mayor Schwartz NOES: Prone ABSENT: None 6. Continued discussion of flood problems. Councilman Blake updated the action to date regarding the City being declared a disaster area. Mayor Schwartz stated that such a declaration immediately puts to worth: the forces of the state and federal governments to help both the public and private property owners. D. F. P.omero, City Engineer, submitted a report to the City Council indicating that a number of corrective and protective measures which should be taken to prevent the occurrence of damage during a flood in the future. The first recommendation was that the City should take immediate steps to form a maintenance district within the San Luis Creek watershed to assure that all major debris, trees and obstructions which were a primary cause of flooding could be removed on a continuing basis. (2) He recom- mended that the City should take immediate steps to improve the Madonna Road outlet and downstream channel from Laguna Lake. This would include improving the channel below the outlet, estimated cost $175,000. (3) He recommended that the City should continue to study the capacities of the drainage channels through the community using as a criteria a storm 1,ntensi -ty of 100 -year frequency. He also felt that reserve funds should be set aside so the more expensive improvements could be completed. (4) He recommended that the City Council adopt a resolution asking the Division of Highways to re- evaluate drainage structures under their 'freeway near Cuesta Park, Marsh Street, Broad Street and at Los Osos Valley Road. (5) He recommended that the City Council permit the Public Works Department to return to pipe handrails at major structures rather than chain link fence installations as in recent years. When the struc- tures over - topped, the chain link fence acted as debris catchers and contributed to the flooding problems. (6) He recommended that the City Council budget funds to dredge the arm of Laguna Lake which leads to Los Osos Road. (7) He recommended that the City Council approve a modification to the Uniform Design Criteria which would call for storm drainage design and facilities which might flood houses or businesses to be based on 100 =year criteria rather than 25 -year criteria as presently adopted. (2) He recommended that funds be set aside to replace the center wall in structures in Old Garden Creek at Tassajara and at Cuesta, to provide for improved entrance conditions at Broad, to replace the Mt. View structure, provide for improved entrance conditions at Santa Rosa Street, and improved conditions at Nipomo Street and replacement of the ' Elks Lane Bridge. He also suggested that funds be set aside to reroute the sewer main crossing San Luis Creek at Marsh and Higuera and the main behind the Motel Inn. (9) He suggested that the City Council allow an aggressive obstruction abatement program to remove structures and trees which create serious interference with the flow or which are hazardous should they become undermined and fall. (10) During the storm the telephones at both the City Engineer's office and the City Yard were completely overwhelmed. Day -to -day operation of the City Engineer's _ office often overloads the phones. He recommended that he be authorized to have an additional number and an additional line to be installed at each facility. (11) The radio controlled vehicles were invaluable during the storm increasing the efficiency of the maintenance crews several times. He requested that a radio be placed in the one remaining truck in the Street Department and that radios be installed in the Administrative and City City Council Minutes February 5, 1973 Page o Clerk's vehicles in order that these might be used effectively during storms. He also recommended call mechanisms on each radio. (12) During the storm the Engineering Office received calls from private citizens requesting help on their own property or offering assistance for those in need. He stated there was no one in charge of coordinating this private need,.-and he_'-fel.t_ that an emergency phone number should be set aside and should be manned by someone to coordinate and correlate private requests. He added that Capt. Gary Fowler of the California National Guard informed him that possibly an engineering battalion from the California National Guard might be available to the City to aid in cleaning, creek work and restoration projects. This would be done under the community services program of the National Guard and would be at no cost to the City of San Luis Obispo. A. J. Shaw, Jr., City Attorney, reported to the Council on the suggestion to close the Marsh Street off -ramp and remove the bridge over San Luis Creek. He reported that the ramp was part of State Highway 227 and the only way the City could have it removed would be to request the Legislature to remove it or to have the Highway Commission approve a. new route for 227 and delete the ramp as a part thereof. He stated the City could ask the Division of Highways to reconsider the signed freeway agreement and to hold the necessary hearings to study design and alterna- tives to the existing bridge. Finally the practical difficulties are that the State reported that the Marsh Street off -ramp was the heaviest used off -ramp in the City of San Luis Obispo and that before it could be closed, some other route would have to be improved to handle the diverted traffic. Mayor Schwartz again reviewed for the Council the thoughts he presented on Friday regarding elimination of many of the obstructions to flooding which he agreed did not represent an end to all the City's flooding problem, but he thought the City Council should consider these actions 1 seriously and take immediate steps to reduce the City's vulnerability to floods and possible liability. He stated that he, as had the rest of the City Council, had tried to analyze what actually did happen during the storm and subsequent flooding and also tried to measure just what kind of action the citizens of San Luis Obispo were telling the Council to take and how much to spend to make these corrections. He felt that debris was the major problem in hanging up under both man -made and natural structures and that this should be cleaned up and kept clean. He made the following suggestions for action: (1) the City to re- evaluate its stream channel cleaning program in terms of what should be removed and when; (2) the Council should obtain County co- operation to ensure that stream channels above the City would be cleaned of debris on some routine basis; (3) the City Council should recognize that the culverts carrying San Luis Creek under Highway 101 at Cuesta Park could not carry the volume of water produced by this storm and that this area should be thoroughly studied to see what would be the best solution to holding water; (4) the City Council should recognize the historical inability of certain man -made structures to cope with stream flow and debris, and have these structures removed immediately. The decisions would be difficult to make and would have to be tempered with judgement which balanced flood risk against circulation safety and convenience. It was his judgement that the following structures could and should be removed to be replaced at some time in the future following studies ' which would insure that the replacement structures would be adequate. A. Santa Rosa Street bridge over San Luis Creek B. Marsh Street bridge over San Luis Creek (the State - owned structure on Route 227 at Marsh and Higuera) C. Nipomo Street bridge over San Luis Creek D. Mission Street culvert for Old Garden Creek E. Nlt. View Street culvert for Old Garden Creek F. Lincoln Street culvert for Old Garden Creek G. Tassajara Street culvert for Old Garden Creek City Council Minutes February 5, 1973 Page 7 (5) The City Council should consider condemning and purchasing the low -lying properties on Broad Street between Lincoln and Highway 101 northside. (o) The City Council should take immediate action to acquire by outright purchase or by eminent domain proceedings a strip of land suitable for widening the outlet channel from Laguna Lake to Highway 101 and proceed to widen the channel in as natural a fashion as possible. (7) The City Council should authorize the City Engineer to complete plans and specifications for adding another culvert barrel at Madonna Road and Laguna Lake outlet. (8) The City Council should authorize the design and modification of the culvert structure under Calle Joaquin so it might carry increased flow from Laguna Lake. (9) The City Council should immediately alert the State of California Division of Highways of the probable inadequacy of the drainage structures under Highway 101 at Los Osos interchange and request that they survey the potential problem and modify the structures to allow greater flows to pass through without flooding the development existing in the area of the interchange. (10) The City Council should consider dredging Laguna Lake from the Prefumo inlet southerly to Madonna Road. The Mavor concluded by stating that there were three other actions which he felt the City Council should take immediately: I. Enact an emergency ordinance that would prohibit the building of any structure within 20 feet of the edge of the bank of any creek, waterway or channel in the City without direct consent of the City Council. 2. Enact an emergency ordinance which would pro- hibit the building of any structure within the flood plain which was established by the highest flood waters recorded during the 1973 flood. In the case of Los Osos Valley, when necessary improvements are constructed, hearings should be held which would consider lowering the flood plain line to the new safe line established by the design of the new structures. 3. Enact an emergency ordinance which would allow the City to remove a tree or other structure on private property after due notice had been given to the property owner to remove an unsafe tree or structure which had been deemed such by the City. He felt the final ordinance should be designed as suggested by the City Attorney to allow the City to act under misdemeanor proceedings of the law and speed up the cumbersome procedures under which we now operate. In summation, the Mayor stated that he felt his proposals were quite strong and possibly quite bold, but he felt they were reasonable. His recommendations were balanced between man -made and natural conditions. He felt that if these recommendations were undertaken they would provide a reminder of the constant and unpredictable menace of possible floods in our City. ' Councilman Gurnee presented for the City Council's consideration a proposed inter- agency task force consisting of representatives of the City Council and the County Board of Supervisors, the City and County Planning Commissions and the Engineering and Planning staff from both the County and the City. He then listed a typical type of project that would be undertaken by the inter - agency task force in attempting to delineate the responsibility and to work to eliminate flooding as much as possible. D. F. Romero, City Engineer, stated his office had made a quick estimate of the cost of removing the structures as outlined in the Mayor's memorandum of February 4, 1973. In his opinion it would cost $107,000 to conduct the work and $544,000 to replace the structures at a future date. City Council Minutes February 5, 1973 Page 8 Councilman Gurnee stated that in considering the emergency ordinances he objected to the City Engineer being the final judge on which trees were dangerous and were to be removed. He urged concurrence on the Engineer's opinion by a professional horticultural expert. The Citv Clerk read letters from the following individuals: Martha A. Haaen and Lee Hagen regarding flood damage to their property on Osos Street. Also a communication from Bill Troutner making suggestions to keep the creeks clean and attempting to alleviate future complications within the City. Communication from Richard Schmidt regarding the damage to their property on Broad Street caused by an underground drainage channel which was too small to handle the water in the 100 block of Broad Street. The water came down Broad Street and across the low properties. Communication from R. Burkett, Laguna Lake area, suggesting ways and means of correcting problems in the Laguna Lake area. Dave Martin, 1575 Avalon, representing residents of the Laguna Lake area, urged that the City Council take steps now to do all in their power to protect the residents of the Laguna Lake area from a possible flooding again this year. He wished to impress the Council with the feeling of urgency experienced by the citizens of the area. He urged that the City Council proceed first with putting in a bridge over Laguna Lake outlet instead of adding another barrel to the culvert which he felt would be one more thing for debris to hang up on. Don Cross, Laguna Lake area, was interested in acquiring. flood insurance for his property and for his neighbors. R. Burkett, Oceanaire Drive, asked the Council about the relationship between the top of the housing pads in the Laguna Lake area and the Madonna Road culvert. He then made several suggestions which he felt might relieve the pressure on the Madonna Road outlet. Norman Eatouah, 1508 Gulf Street, asked for review of design criteria for Madonna Road culvert. He concluded that due to poor engineering design for the culvert, the City -paused the extensive damage to private property. P.av Hauser, 1564 Oceanaire Drive, discussed engineering principles of -the culvert under Madonna Road. William S. Tiner, Oceanaire Drive, stated the problem was not from Laguna Lake proper but from flooded streets caused by plugged storm drains and Prefumo Canyon flood. Charles French asked how soon the emergency ordinances would go into effect. Mayor Schwartz answered that emergency ordinances became effective Immediately upon adoption. Charles French stated that the 20 foot setback suggested along the creeks would be a hardship on property owners who might wish to improve or develop their property. Maxine Lewis, Director of Grassroots 11, stated that she had personally helped people in the Pacific - Beebee -High and Brook Street area during the flood. These were people who had lost all they owned due to the flood, and she spoke on their behalf as no one else had spoken so far. She listed some of the needs of the poor and displaced citizens of the City, and asked what could be done to help the poor people. 1 1 1 City Council Minutes February 5, 1973 Page 9 John King spoke in opposition to the emergency ordinance which established a 20 foot setback from the top of the creek banks. He felt this was unnecessary and that each development should be looked at individually. A. J. Shaw, Jr., City Attorney, explained the first phase of the emergency ordinance which would be effective only until June 9, 1973, with the Planning Commission to make recommendations by April 20 on how to handle flood plains, etc. Dean Robinson, Casa Street, felt the Council should allow the City Engineer a free hand in removing trees and other obstructions from the creeks. He also wished Council permission to rebuild his creek banks to the condition in which they existed before the flood. He offered to allow the City Engineer or other City employees to enter his property to do whatever necessary. The City Council recessed at 10:20 P.M. The City Council reconvened at 10:40 p.m. with all Councilmen present. Councilman Gurnee again suggested that the City Council consider the formation of an inter - agency task force consisting of City and County officials in order to have a group study and take action of flood and flood plain problems. The City Council again reviewed the suggested ordinances and.resoluticns previously presented. On motion of Councilman Blake, seconded by Councilman Gurnee, the following resolution was introduced. SOLUTION NO. 2415, a resolution of the Council of the•City of San Luis Obispo requesting flood cleanup assistance from the California National Guard. ' Passed and adopted on the following roll call vote: AYES: Councilmen Blake, Brown, Graham, Gurnee and Mayor Schwartz NOES: None ABSENT: None On motion of Councilman Blake, seconded by Councilman Graham, the following resolution was introduced. RESOLUTION NO. 2424, a resolution of the Council of the City of San Luis Obispo commending the 1498th Supply Company of the California National Guard for flood cleanup assistance provided by said Company. Passed and adopted on the following roll call vote: AYES: Councilmen Blake, Brown, Graham, Gurnee and Mayor Schwartz NOES: None ABSENT: None On motion of Councilman Graham, seconded by Councilman Brown, the following resolution was introduced. RESOLUTION NO. 2417, a resolution of the Council of the City.of San Luis Obispo requesting the.U.S. Army Corps of.Engineers to include the City within the flood plain information study to be conducted for the County of San Luis Obispo. City Council Minutes February 5, 1973 Page 10 Passed and adopted on the following roll call vote: AYES: Councilmen Blake, Brown, Graham, Gurnee and Mayor Schwartz NOES: None. ABSENT: None On motion of Councilman Graham, seconded by Councilman Brown, the following resolution was introduced. RESOLUTION NO. 2416, a resolution of the Council of the City of San Luis Obispo requesting the U.S..Army- Corps of Engineers to conduct a feasibility study for a drainage master plan. Passed and adopted on the following roll call vote: AYES: Councilmen Blake, Brown, Graham, Gurnee and Mayor Schwartz NOES: None ABSENT: None On motion of Councilman Gurnee, seconded by Councilman Graham, the following urgency ordinance was introduced. ORDINANCE NO. 575, an urgency ordinance of the City of San Luis Obispo prohibiting building construction and grading work in flood -prone areas and adjacent to waterways pending review of need for additional land use controls in said areas. Passed and adopted on the following roll call vote: AYES: Councilmen Blake, Brown, Graham, Gurnee and Mayor Schwartz NOES: None ABSENT: None Consideration of an urgency ordinance adding a dangerous tree abatement section to the Municipal Code was continued for further consideration by the City Council to February 9, 1973. 7. James T. Fickes, architect - planner, designer of the Senior Citizens Center addition, presented preliminary plans and cost estimates for the addition to the Senior Citizens Center on Santa Rosa Street. It was his opinion that based on current costs of the type of work to be done, the building would cost $81,000, outdoor activity areas would cost $20,000, and certain remodeling of the existing areas $1,000, or a total of $101,000 to complete the addition. Councilman Blake stated the original budget estimate for this addition was $43,000, and that was the condition under which the assignment was made but now the estimate was close to $102,000 which was more than twice the original budget. Mr. Fickes replied that after meeting with representatives of the Senior Citizens Group and other groups and the Park and Recreation Commission, and evaluating the suggestions of the people involved, the size of the addition was doubled to meet the need. W. Flory, Director of Parks and Recreation, explained that the architect based his plans on the estimated number of people who would use the expanded Senior Citizens Center. Councilman Brown felt the cost estimate was high. but possibly it could be carried over a two -year period which would make payment less difficult. City Council Minutes February 5, 1973 Page II Councilman Graham felt that the building was good and was needed, but he too felt the cost was quite high. Councilman Gurnee felt the cost was very high compared to the estimate but felt this was needed, and he was pleased with the plan which he would support subject to the review of availability of funds. ' Councilman Blake felt that in enacting the utility tax, the Council would use the funds for recreation but he felt the building was needed and was sure the Council could find the money. Mayor Schwartz felt that the architect did an excellent job of tying the old building in with the new and felt the facility was needed and the Council should go ahead and fund the project. The matter of the addition to the Senior Citizens Center was referred to the subcommittee of Councilmen Blake and Graham, D. VanHarreveld and W. Flory for review and recommendation regarding this development. 8. Recommendation from the City Planning Commission that the tentative Tract 445, Knoll Drive, be accepted by the City Council. The approval was recommended subject to the following conditions: I. All utilities shall be placed in the right -of -way for Knoll Drive. 2. A fire hydrant shall be located within the new development in accordance with the recommendation of the fire department. 3. There shall be a separate one -inch water service to all lots, and a standard blow -off at the end of the line. The blow -off might be replaced by a hydrant. 4. The developer shall deposit $1 per lineal foot of street frontage for street tree planting. 5. A lot width exception is hereby granted for Lot 2. The City Council and staff reviewed the map and conditions for Tract 445 and the matter was referred back to the Planning Commission with no objection from the City Council. 9. Communication from Mustang Village requesting Council permission to extend the period of time to complete work involved in the fill of the north and southwest corners of their property. The matter was con- tinued to February 7, 1973 for Council field inspection. 10. Report from the City Engineer regarding the suggestion that the City purchase the triangle at Johnson Avenue and San Luis Drive for development as a minipark. The City Engineer stated that he did not feel this building created a traffic hazard if traffic were properly controlled. He saw no benefit from this being acquired as a park from the traffic standpoint, but he had no objection to acquisition if the Council wished to do so. The ' matter was received and referred to the Capital Improvement budget for consideration. II. Mr. Douqlas Yungling requested permission to hold an art festival at Mission Plaza on June 8 and 10, 1973. Tim Mason of Phoenix Fine Arts Festivals would be the person bringing the art objects to Mission Plaza for display and for possible sale. He asked for a waiver of all fees due the City as he felt this would be a promotional activity which would bring many people to San Luis Obispo. City Council Minutes February 5, 1973 Page 12 On motion of Councilman Blake, seconded by Councilman Brown, the request was approved for use of Mission Plaza subject to the City receiving a certificate of liability insurance plus having the Phoenix Fine Art Festival pay the usual business license fee and that a fee of $150 be charged for the three -day use of Mission Plaza. The City Council felt the charge should be collected as this was a profit- ' malkina venture. Motion carried unanimously. 12. Communication from Mrs. Harold Lee, President of the Society for Prevention of Cruelty to Animals, asking for Council reaction to the service provided by Wood's Animal Shelter and asking when the City Council would like to receive their budget request for 1973 -74. The matter was referred to the Mayor and Administrative Officer for consideration. 13. Councilman Gurnee suggested to the City Council that they might consider placing certain items on the ballot of the forthcoming Municipal Election to be held in April, 1973, in order to gauge the pulse of the community on some controversial items. He felt that they would provide guides for the City Council. He suggested that the City Council might wish to place the following matters on the ballot: I. Should the City fake all steps necessary to engage in the Federal Flood Insurance Program? 2. Should City tax money be spent on advertising to promote the City? 3. Should the City Council be authorized to increase the water users' fees and /or increase the property tax ' to pay costs imposed upon the City for operation of a fishing program at Whale Rock Reservoir? 4. Should the City use tax money to upgrade the water system to permit further development? 5. Should the City implement a public transportation system? 6. If a public transportation system were in service and the fee were reasonable, would you use it? Councilman Gurnee stated that this was a potential list of ideas that the City Council could add to or subtract from in order to get the feelings of the City's residents. He felt this was a good idea and a unique opportunity to measure the desires of the citizens. Councilman Brown suggested other issues that might be placed on the ballot would be: I. Should the City support the Grassroots 11 operation? 2. Should the City support financing the Housing Authority? 3. Should the City support the freeway route through Los Osos Valley? It was the common consent of the City Council that they did not wish to place a charter amendment on'the ballot dealing with the expenditures of City funds for promotional purposes. Councilman Graham felt that the suggestions 1 -5 made by Councilman Gurnee might be a good advisory ballot issue. The matter was continued to Wednesday, February 7, 1973 for further discussion by the Council. City Council Minutes February 5, 1973 Page 13 14. Communication from Hal Bankston, agent for Melvin C. Jones, asking permission for a temporary water connection to property located outside the City to serve two homes which were formerly served by a well which collapsed during the January 18 storm. The property was currently under discussion for annexation to the City and was presently being considered by LAFCO. All fees and charges would be paid for as required by the City. Robert A. Paul, Water Department Director, stated he had no objection as long as it was known that it was a temporary water service for six months or until the area had been annexed or the well made operative. D. F. Romero, City Engineer, stated that over the past six years, the City had allowed property owners outside the City to connect to the City system with full payment of fees. A. J. Shaw, Jr., City Attorney, suggested that the City could give temporary water service to the property owner under the conditions out- lined by the Director of the Water Department. R. Young, Planning Director, stated that the Planning Commission had approved the area in question for annexation, and when the report was returned from LAFCO they would make that recommendation to the City Council. On motion of Mayor Schwartz, seconded by Councilman Graham, that the City Council authorize the staff to permit a legal connection on a temporary basis for six months or upon annexation of the property owned by Melvin C. Jones subject to the following conditions: I. Service will be provided subject to the requirements and approval of the County Health Department, including the installation of adequate cross - connection protection. 2. The service connection will be installed within public street right -of -way at a location chosen by the City. All necessary County permits will be secured by the applicant. 3. Water usage will be billed at twice the comparable . rate for service inside the City as provided by the Municipal Code. 4. The service connection will be constructed upon receipt by the City of its normal installation fee plus $30.00 to abandon the connection at the completion of six months. If the connection becomes permanent due to annexation, the $30.00 will be refunded upon request. 5. Because the water service connection would be temporary, the City Council has waived the payment at this time of the normal water acreage fee, front footage reimbursement fee and all water system improve- ment requirements. Upon annexation and development, the fees and requirements then in effect would be imposed upon the parcel. 6. Applicant shall secure all other necessary permits. If the above conditions are acceptable, please indicate by signing the attached copy in the space provided and return the signed copy with the application for service. Motion carried. 15. Communication from D. F. Romero, City Engineer, stating that the City sewer plant was in continuous operation and two barminutors protected the entire plant's mechanisms by breaking up large solids. One additional barminutor is kept on standby as a replacement. In the past two months the City had suffered two complete breakdowns of these units and had to City Council Minutes February 5, 1973 Page 14 install the standby unit while one of the main units was repaired. He stated that the most.recent breakdown was major and would require a $3,500 repair which was not budgeted for this year. He requested permission to authorize this repair without obtaining bids as only one company was available to make this repair. There was also a matter of urgency in the repair as if the existing unit failed, the City's entire operation was in dancer. Motion by Councilman Gurnee, seconded by Councilman Blake, that the City Council approve the request of the City Engineer and author- ize the replacement unit for the barminutor. Motion carried. Motion by Councilman Blake, seconded by Councilman Brown, the meeting adjourned to Wednesday, February 7, 1973 at 12:10 p.m. 1 IJ