HomeMy WebLinkAbout09/03/1974Pledge
Roll Call
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, SEPTEMBER 3, 1974 - 7:00 P.M.'
CITY HALL
PRESENT: John C. Brown, T. Keith Gurnee, Jesse Norris
and Mayor Kenneth E. Schwartz
ABSENT: Myron Graham
City Staff
PRESENT: J. H.-Fitzpatrick; City Clerk; William E. Flory ;
Director of Parks & Recreation; R. D. Miller,
Administrative Officer; Don Englert, Police
Captain; Robert Strong., Planning Director
On motion of Councilman Brown, seconded by Councilman Gurnee, Donald .
O'Connor was reappointed to the City Housing Authority for a four year term
expiring on June 30, 1978.
I. At this time the City,.Council considered the FINAL PASSAGE of
ORDINANCE.NO. 621, an ordinance of.the'City.o:f San Luis Obispo amending
the zoning ordinance to reduce parking requirements for various. outdoor
uses in the C -H zone.
Robert Strong,.Planninq Di rector,.reviewed for -the City Council the
recommendations of the Planning Commission regarding parking requirements
for certain outdoor retail uses in the C -H zone.
Mayor Schwartz declared the public bearing open:
No one appeared before the City Council for or against the ordinance...
Mayor Schwartz declared the.public. hearing closed. .
On motion of Councilman Gurnee, seconded by Councilman Brown, Ordinance
No..621 was introduced for fina_I passage on the following roll call. vote:
AYES: Councilmen Gurnee, Brown, Norris and Mayor Schwartz
NOES: None
ABSENT:' Councilman.Graham
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2. At this time.the City Council considered the FINAL PASSAGE.of.
ORDINANCE NO. 623, an ordinance of the City. of San Luis.Obi.spo amending
the Municipal Code to provide.that signs erected, existing; or maintained
in violation of provisions of the sign ordinance are public nuisances.
Mayor Schwartz declared the public hearing open.
City Council Minutes
September 3, 1974
Page 2
No one appeared before the City Council for or against the proposed
ordinance.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Brown, seconded by .Councilman Gurnee Ordinance
No. 623 was introduced for final passage on the following roll call vote:
AYES:.: Councilmen Brown, Gurnee, Norris and Mayor Schwartz
NOES:. None
ABSENT: Councilman Graham
3. At this time the City Council considered the FINAL PASSAGE of
ORDINANCE NO. 624, an ordinance levying a tax for the current 1974/75
fiscal year upon all taxable property within the City of San Luis Obispo
and fixing the rate of such tax. The proposed tax rate was set at $1.33
per each $100 of evaluation.
L: Councilman Gurnee stated he was opposed to the $1.33 rate. He felt the
City should reduce the tax-rate by the same proportion that the increase
in assessed evaluation was placed on the-properties for the 74/75 fiscal
year. He felt the tax rate should be reduced to $1.10 per $100 evaluation.
He continued that the City budget was-based on a slight increase in
assessed evaluation, and not the tremendous increase in assessed evaluation
that occurred in 74/75. Thus, he did not feel that the City government
should reap the rewards of.such a great increase in tax assessment by
keeping the tax rate at.the same level and not giving relief to the.
property owners.
Councilman Brown agreed . that the City Council should make a token
reduction in the tax rate' in order-t6 give the property owners some
relief from the.high..6ssessments recently placed on their properties..
He suggested a tax'rate of $1.25 per $100 evaluation.
Councilman Norris stated he was in support of keeping the tax rate the
same as had been historical in the City of San Luis Obispo, Jess the
174' for the library; but'that' in retrospect he felt that, based on the
increased evaluation of 27 percent, some reduction in the tax rate
should be made to give small property owners some tax relief. He
felt that a tax cut was justified in an attempt to help fight inflation
on a local level. He would support the $1.25.per_$1.00 evaluation as
suggested by Councilman Brown:
Mayor Schwartz stated he felt the tax'rate should not be reduced only
for political purposes but felt that the Council should look at major
expenses. faci ng City: resources in trying to,bring up the'City's
utilities to a first -class condition;'and, therefore, he felt some
funds should be kept for contingency in the tax rate-for City operation.
He also felt that due to inflation, City costs were going up and
additional services were constantly being demanded of the. City Council.
Councilman Gurnee moved that the tax rate for the 1974/75 fiscal year
be $1:10 per $100 evaluation. Motion lost for lack of a second.
Ordinance No. 624 was.not finally adopted due to the 'following action:
On motion of Councilman Brown, seconded by Councilman Gurnee that.the
1974/75 tax rate be set at- $1.25:0er $100 evaluati6h.with the General
Fund tax levy being 722; the Public Improvement and Betterment Fund
of 304, the Library Fund of 34, and the Park and Recreation Fund of 204.
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City Council Minutes
September 3, 1974
Page 3
On motion of Councilman Brown, seconded.by Councilman Gurnee, the
following ordinance was introduced: ORDINANCE NO. 625, an ordinance
levying a tax for the current 1974%75 fiscal year upon all taxable
real. and personal, property within. the. City of San Lui.s..Obispo and
fixing, the' rate' of such tax.
Passed to print on the following roll call vote:
AYES: Councilmen Brown, Gurnee, Norris
NOES: Mayor. Schwartz
ABSENT: Councilman.Graham
4. David.Will.iamson, Assistant Administ.rative Officer, presented
for the Council's consideration a set of revised plans for the Council
Chamber -�emodeiing and estimated costs for such remodeling.
He stated that.the preliminary plans being presented incorporated a
number of changes resulting from discussions by staff and the
architect. The basic changes relate to the sitting position of
the clerk /secretary, . revised exhibit board, additional mike stations,
and changes in the height relationships betwe.en.Counci.l and staff
sitting area and public sitting area.
Also received were outline_ specifications for the _City Council Chamber
remodeling which provided additional lnformation.concerning_the deta:lls
of the remodeling._ He submitted an estimated cost as of.August 30,
1974 for.the remodeling of the Counc i 1. Ch ambe rs of $79,678 including
the audio - visual equipment and the various chairs.
' The City.Council'discussed the .conceptual drawin, -gs on.the Council
Chamber remodeling as prepared by the architect, and made suggestions
for amending or i.mproving.1t.
Upon arrival of the architect, Ethan Jennings, the City Council again
reviewed various items proposed by staff and the architect for
remodeling of. the chambers.
On motion of Councilman Brown, seconded by Councilman Gurnee that the
City Council approve the design concept and authorize the arc hitect'to
proceed with_ the_. detai .l ed. plaps.. and .specifi.cations in light of the.
evening's discussion with the.City Council. Motion carried., Councilman
Norris voting No, Councilman Graham absent. .
5. At this time the City Council held a PUBLIC HEARING on.the
appeal of Dennis B. Wheeler, Jr. from a decision of the 'Architectural
Review Commission regarding construction at 2545 Broad.Street.
The building permit was applied'.for prior to.the purchasing of the
property., the developer received a plan checklist and then purchased
the property knowing.what.requirements the City would make. These
decisions were all made prior to the formation of the Architectural
Review Commission, and they had met' all requirements of the plan
check and.all City.zoning, and building regulations. .However, when
the builder applied for the .final building permit, the Architectural
Review Commission ;denied the site plan.as well as suggested archi-
tectural improvements to the building.
The appeal..of.Denn.is B. Wheeler.was.on denial.of the site plan.. He
concluded that prior to submittal .to, tthe ARC much.t.ime was spent.on.
City Council Minutes
September 3, 1974.
Page 4
the site p.lan with the .staff, and that the site plan submitted
was the best that had been cooperatively developed which considered
the constraints.of the site. .
Dan Smith, Associate Planner, reported that at the regular meeting of
the Architectural Review Commission, held August 26, 1974, the appli-
cation from Dennis B. Wheeler was denied on.the. vote of three to one.
The grounds for denial were as follows:
I. A one -way driveway access and'asphalt paving would be
constructed around three sides of the., duplex. structure
and would create a very undesirable living environment
for the occupants of the structure.. The duplex would
be unsafe for children who might reside there and would
not. provide any. usable yard area for the residents
except a.sma11:front.ya,rd which was adjacent to the
street' _
2., The "S" curve in the driveway to be, used for egress,.
while meeting minimum code requirements,,would b_e a
minimal solution and would. create blind.curves.
3. The proposed four unit. apartment.. structure was,lacking
in architectural design and needed improvement.
The Architectural Review Commi.ssion..indicated they.were.aware.that the
site. plan complie...with minimum site. development standards for the::
R -2 zone, but felt that. it was;.their' duty to ensure appropriate
design despite minimum code requirements and that the applicant's
plan did not represent an acceptabl.e.design.
Robert Strong, Planning Director, stated that the City Council approved
a request for a dual driveway, perhaps not considering the:e'ffects of
surrounding the existing duplex with paving and traffic, prior to the..
Architectural Review Commission existence. Additionally, the staff's
initial, plan check February,. 1974 did. not. suggest that .the, driveway
arrangement. would be unacceptable..
If the permit had been pursued on a normal schedule, it would have been '
issued prior to Architectural Review Commission. formation, without any
additional.s_ite plan and architectural changes.
Preliminary design approval was received prior. to Arch itecturaI'Review.,
Commission existence and in the- op.inion of the staff the p rob lem, was.._
one of transition ...... The rules have changed" and'it is inequitable,
in staff opinion, to treat a project in final des ign.the,same as one
at an initial conceptual stage.
The applicant is willing to cooperate with
Review Commission concerning architectural
could not accommodate site.pl.an or density
Robert Strong stated he considered this "c
view of.prior staff and Council acceptance
and in compliance with.code standards.
the staff and Architectural
alterations. but apparently
.changes at this late date.
:)mpromise "'reasonable in.
of the proposed development
Robert Strong., Planninq Director, then reviewed the Architectural, Review
Commission's minutes.of the. meeting of August 26, 1974 at which time '
the application was denied for development.
Councilman Norris stated that he objected.to the City Council hearing
this appeal, as he felt that this matter had been settled by the City
Council in February, 1974 long before the Architectural Review Commission
ever came into existence. He felt all that was being done now was a show
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City Council Minutes
September 3; 1974
Page 5
of power by the Architectural Review Commission .to question the Council's
decision.
Mayor Schwartz declared the public hearing open.'''
David Burke representing Dennis Wheeler appeared before the City Council
on behalf of the appeal.:
Roger_:Marshall,.ARC ifiember, spoke in support.of.the ARC action in rejecting
this project as he felt the design of the property was inadequate and
the driveway would be a hazard to the children. He also did not like the
building design as presented or the site plan for the use of the property.
Lawrence-:Field, ARC member, spoke in support of the ARC action stating
that he felt.the design was:not good from an architectural standpoint
even though visibility from the street was limited and the trees in
the rear would shield the building somewhat.. He felt there was no
effective screen from the adjoining property. He was of the opinion
that the two -story building with two bedroom units would not be in
keeping with the existing neighborhood, and he felt the dual driveway
was unacceptable.. He.stated he di.d agree with the applicant that
the parcel was a difficult one to design, however, he felt the City
should not allow anyone to go ahead with a plan that was unacceptable
and undesirable for the City.
Mayor Schwartz declared the public hearing closed.
CounciI man :Gurnee . stated he agreed with the recommendation of the
Architectural Review Commission i.n this case as he felt that the
project would be detrimental to the City and to the neighborhood and
thus supported the action of the ARC.
Councilman Norris stated he was.opposed to the ARC.action in denying
development at 2545 Broad Street.. He felt the City Council had already
taken action on this project and the developer should not have to keep
coming back for approvals.
Councilman Brown stated he would support the recommendation of the
Planning Director on this matter, that the development plan should be
worked out with the staff and try to get the best development on a
very difficult site. He stated he would support the appeal of Dennis
Wheeler.
Mayor Schwartz reviewed with Robert Strong, Planning Director, the
sequence of this project through the Various city departments, boards
and commissions.. He stated.that while he supported the action of the
ARC and felt they were correct „ he also felt that due.to. prior action
of the Council on the development, the appeal must be upheld. He
also hoped that the developer would cooperate with the.ARC and follow
the directions of the ARC to upgrade the building design.
On motion of Councilman Norris, seconded by Councilman Brown that the
City Council uphold the appeal:of: Dennis iB. Wheel.er based on prior.
acti.on.of the City Council in February, 1974. Motion carried,
Councilman Gurnee voting No,•Councilman Graham absent.
6. Review of staff report on Highway 227 project and Council
determination of the extent of initial.City participation in this
project (report distributed to the City Council August 19, 1974).
City Council Minutes
September 3, 1974
Page 6
Mayor Schwartz stated that he reviewed in detail the staff recommendations
presented at the August 19 meeting and hoped that the City Council could
give directions to the staff so that the City's portion of the project
could be coordinated with the Department of Transportation in an effi-
cient and economi-cal fashion. -The Mayor stated he saw this as an oppor-
tunity for a joint effort that would save the City money and reduce
unnecessary expenditures in the future for re -doing essential services
as well as tying up a major traffic artery. He.recommended the following:
I. SCHEDULE
The City recognize Cal Trans' tight schedule and program
the City's work to fit that timetable. If necessary, the
City could engage appropriate professional services if
City staff could not accomplish the'necessary.design
work without disruption of other priority work:
I.
2. SEWER
F Follow staff recommendation as cost-was minimal.
3. WATER
Install system to meet futu re. demands as recommended by
the staff.in schedule "B ". Installation.of fire hydrants
to meet new City standards. Staff should present more
details relative to a formation of an improvement district
for the balance of the improvement.
4. BIKEWAYS AND SIGNS
City'expenditure was minimal. Bike lanes should be
provided in both directions: The Mayor stated he would
favor elimination of curb parking on both sides of the
street, but realized the hardship involved in the resi_:
dential areas. However, curb parking should be eliminated
on'both sides from High to Funston (commercial) and from
Orcutt south.•
5: STREET TREES:
The Mayor stated the staff recommendation was a good one
and should be accepted as-.it made for a handsome street
in the future. The City should:provide the trees and well
covers for a 50 foot nominal spacing on both.sides of the
street in the.sidewalk: area with:additional trees to be
placed behind the sidewalk area to create a 25ifoot nominal
spacing on the west side between Funston and Orcutt.
6. INCIDENTAL IMPROVEMENTS
A. Wherever widening would require rebuilding of curb and
sidewalks at corners, ramps 'to accommodate the hand!.=
capped shouId:be constructed by whoever bore the.
responsibility for reconstruction -- -State or City.
B. Improvedstorm.drainage:as per staff recommendati:on.'
7. UTILITY UNDERGROUNDING
Based on reports it seemed the City was too late for
effective coordination, and this matter should be considered
City Council Minutes
September 3, 1974
Page 7
as a part of a future phase. of Broad Street imp rovement
plan.
8. MEDIAN ISLANDS
The Mayor stated he would like to see the City proceed
with the recommended median island development,,but that.
he understood that Cal Trans believes this .could not be
made, a part of this project for two reasons. I) The EIR
did not indicate raised medians; and 2) the project was
"sold" for Federal financial support without medians.
To add medians to the project at this time would jeopardize
Cal Trans'.tight schedule. If that were correct, the City
should drop the median proposal at this time and add them
incrementally in the future with gui'dan'ce from the Design
Review Board. However, the City should try to coordinate
medians in. the project between Orcutt and Rockview as
this segment would have no parking on either side and
properties would have 'to be redeveloped and consequently
could be designed to meet. li.mitations.i.mposed by median
islands.
The City Co.unc.i.I and staff 'discussed the recommendations of the staff at
the August 19 meeting and also the Mayor's analysis of each individual
item and discussed them as follows:
I.. SCHEDULE.- Approved by the City Council.
2. SEWER - Approve recommendation.,
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3. WATER -. Approve recommendation.
4. .BIKEWAYS AND SIGNS -. Adopt staff recommendation's regarding
bikeways.and signs, Councilman-Norris voting No.'
5. STREET TREES - Adopt staff recommendation with Councilman
Norris opposed to trees in the four foot sidewalk area
as.he felt. the City's experience on Foothill Boulevard
was very detrimental to pedestrians.
6. INCIDENTAL IMPROVEMENTS.- .Adopt staff. recommendation.
7. UTILITY UNDERGROUNDING - To be pursued by the 'staff when
possible.with.the Council adopting the recommendation for
continued' consideration.
.8'. MEDIAN ISLANDS '- On Broad Street f.rom.Orcut.t to.Capitolio .
were estimated at $50,000 for construction,.$15',000 for
landscaping, with a total. estimated cost'of $65,000.
On motion
of .Counci.Iman Brown, seconded by. Councilman.'Gurnee that the
Counci'l's
actions on the eight items be accepted with: the objections noted
by Councilman
Norris; also that staff be authorized to prepare plans an'd
speci..fications for median.islands on Broad Street ,from.Orcutt.to
Capitolio
Lane with. no parking, but including bikeways.. Motion carried.
9:20 P.M.
Mayor Schwartz declared a recess..
9.:35 P.M.
The meet:i;ng reconvened, all council.members present with the
exception
of Councilman Graham.
City Council Minutes
September 3, 1974
Page 8
7. Communication from Warren F. Dolezal, Garden Homes, Ltd.,
Los Verdes Park, requesting that the City Council consider the approval
of Johns - Mansville PVC, class 150 water pipe with ring -.tite joints, to
be approved as an acceptable alternate for use in Tract 467, Unit 2 in
place of Class .I, ductile iron.pipe.
Mr. Dolezal stated that it was his understanding that the PVC pipe was
currently being used in the cities of Santa Barbara and Ventura as an
acceptab.le,alternate to the ductile iron they were. previously using
with highly satisfactory results to al.l. parties concerned.
Benefits.whi.ch woul.d accrue to the City, in his opinion, were as follows:
I. Strength was equal to or greater than presently required
ductile iron pipe.
2. Flow characteristics withi.n the pipe were greatly improved.
. The C value is 150 in PVC vs. 140 in ductile iron.
3. PVC di d not..req.0 i.re any i me rna I. p rotect i.on to maintain its
high flow characteristic. .
4.. Most importantly,. corrosion resistance was reduced..
because the PVC was completely .immune to corrosion attack.
by acids and /or hot soil conditions and subsequent electro-
lysis.
5. The PVC was made - to ductile iron outside dimensions so as
to be completely .interchangeable with the City's existing
systems.
He also requested that the City allow the use of Poly Butylene tubing
meeting national santtati.on.foundation standards for 160 psi rating for
the house laterals.. He concluded the tubing would be use'd in accordance
with present standards and methods established for the City Water
Department personnel.. They would-install the tubing in the same manner
as the City. now used i.n.their own .installations.
John Quirk, Acting Water Director, stated that.his experience with poly
butylene tubing over th "e last three years had been very good. The City
has had no problems wi.th it and it adapted to the City's existing fittings
and was of considerably less cost than copper. He recommended the use
of this-material for the service with no hesitation.. . .
The heavy gauge PVC or "blue brute'" was manufactured by the Johns-Mansvi I le
Company, AC pipe manufacturer. It currently'had NSF approval as well as
UL approval, and was currently..being.evaluated by the AWWA for physical
tests, the results of which had not been published but from all indications
were satisfactory.
He felt that the use of. .this material was a logical, progressive step and
now was as good a time as any to adopt its use in addition to duct.i;le
iron for sizes to eight inches.
D. F. Romero, City Engineer, stated that the Public Works Depa'rtment'had
used 'this PVC material in the past for sewer force mains and had had good
experience. He believed that the t.ime had,come for the City to experi-
ment with this type of material for City mains, and eventually all sewer
and.water mains would be constructed of. this . material.. He, therefore,
recommended and had no objection to use of this material on a trial basis
within Tract 467, Phase 2.
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City Council Minutes
September 3, 1974
Page 9
A. J. Shaw, City Attorney, stated in a written communication that he
reviewed.the request of Mr. Dolezal to use PVC pipe for water mains
in Unit 2, Tract 467, instead of the City's standard ductile iron
pipe.
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He stated it now appeared that this PVC pipe might prove to provide
the City with an acceptable 41,ternate to the ductile iron pipe.
Further, he stated that John Quirk notified him that the City's
consultant indicated over the telephone that he 'did not object to
the use of this pipe. He stated he was not qualified to make engineer-
ing determinations - either a's to the adequacy and reliability of PVC
pipe, however, it appeared that the City might be rushing into a
decision with insufficient basis for the decision:
I. If the City's consultant was going to recommend approval
of a radically different Rroduct of-this type, he should
certainly do so in writing.. It might be wise to ask
him why-he had not made this recommendation prior to
this date;
2.. If the City was going to experiment with this type of
material for City mains such experimentation should be
accomplished within public rights of way rather than
within easements upon private property. As the Council
Was aware, whenever - something went wrong with a material
or method of construction upon private property which
had been approved or permitted by the City, the owner
of said property tended to blame the City when-the.
problem occurred, claiming that the City should pay for
relocation of the sewerline or waterlines, etc.
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In any event, the City Attorney recommended that the City Council's
decision should be upon objective and studied' consideration rather than
as a hasty reaction to a request from a private party.
Commenting on Mr. Shaw's memo, Administrative Officer Miller said Mr.
Edmonston was.not the City's consultant in this area but had done some
checking on prevailing practice as a personal-'favor to him (Richard
Miller). 'He had made no recommendation on the matter but had merely
indicated a growing trend toward use of. PVC,pipe as an alternate to
ductile iron pipe.
Robert A. Paul; former Water Department Director,!Ci•ty of San Luis Obispo,
had submitted a memorandum in response to an inquiry of the past practice
of the City using cast iron in preference•to alternate materials such as
PVC plastic pipe. He offered the following comments:
I. As.a result of past pipe failures, the City Council had
previously required the'cast iron pipe be used to the
exclusion of.all other materials for installation in the
City's water distribution "system.
As a result, grey cast iron pipe, American Water Works
Association Specification No. C106, and ductile iron
pipe, AWWA Specification No. C151, have been the.only ...
materials installed in the City in recent years.
ii 2. The records presently available to Mr. "Paul, including
recently adopted Title 17 of the California Administrative
Code,`indicated that PVC pIast4c pipe was not yet the
subject of an AWWA standard specificat,ion.•
City Council Minutes
September 3, 1974
Page 10
3. The City's past ability to maintain its water distribution
system with such a limited staff must be due in part to
the adequate performance of the cast iron materials now
in place.
.4. In contrast to the construction practices that might be
tolerated during the installation of cast iron pipe, PVC
plastic pipe must be carefully bedded and back - filled in
order to develop the full strength: of the pipe wall.
In Mr. Paul's opinion, the quality.of 'contract construction
talent available to the City covers a wide spectrum,
including some which would not provide an adequate long: -
range installation if PVC plastic pipe were used.
Thermoplastic pipe materials, such as PVC,'might well be the most commonly
used pipe material at sometime in the future. But its record of per -
formance was not yet firmly established. Its inherent properties made
reliable installation difficult for inexperienced contractors.
Review of PVC was now underway -by some major agencies.-- But for an entity
the size of the City of San Luis Obispo to attempt to match that review
process by switching from a proven material, such as cast iron, to newer
materials was a luxury that could not be afforded. A more prudent course
would -be to review the.results of larger agencies and consider pipe
material changes in light of their favorable experience.
John Quirk recommended that the City Council adopt as an acceptable.
alternate PVC;, Class 150 water pipe with ring -cite joints on the basis of:
I. Less Cost
2. Ease of installation, and
3. Minimum corrosive problems.
On motion of Councilman Gurnee, seconded by Councilman Brown that the City
Council approve as an alternate the use of PVC, "Blue Brute ", 150 Class
pipe, up.to eight inches in diameter in the City of San Luis Obispo as an
alternate standard with the installation of magnetic tape for detection ...
Motion carried on the following roll call vote:
AYES: Counci4men Gurnee, Brown, and Mayor Schwartz
NOES: Councilman Norris
ABSENT: Councilman Graham
8. Memorandum from David Williamson, Assistant Administrative Officer,
regarding a staff request presented on August 12, 1974 regarding permission
for the City to deposit earth -fill material from construction of the cross-
town feeder water main on City owned property in Laguna Lake.
During the discussion on this matter, the staff was questioned about recent
filling operations and was asked to report back on the source of the earth.
material recently deposited an d. to p resent; aIternatives for removal. The '
staff was further directed to not authorize any dumping or filling tn'the
City within flood -prone areas unless specifically authorized by the Council.
The recent deposition of fill material on the peninsula portion of Laguna
Lake Park was authorized by Lane Wilson of the Parks 8 Recreation Depart-
ment as a result of a request by Tom Gingg, inspector for the Broad -
City Council Minutes
September 3, :1974
Page II
Lincoln culvert project, on behalf of Conco Construction Company. Mr.
D. F. Romero, City Engineer, submitted a report with attachments on the
history of 'placi'ng 'surplus f i l l material :at the Laguna Lake Park in
accordance with the adopted Hector Plan since 1966.
Robert Strong, Planning Director, stated that he; William Flory,
Director of Parks & Recreation; and Dave Romero, 'City Engineer recommend
that alternate I' be adopted by`the City Council rather than Alternate 3
as recommended by David Williamson.
' It was the three staff members' recommendation that the .di rt. would be
necessary for the:development within the Laguna Lake Park and that if
this dirt were removed at this`time,.ultimately additional dirt would
have to be imported for development.
Wilson's authorization was based.upon an understanding on the part of
the Parks. Department staff and the Public Works Department staff that
suitable imported material could be placed on the City owned peninsula
portion of Laguna Lake Park in accordance with the Hector Master Plan,
subject to authorization by Parks & Recreation Department personnel.
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Alternatives for removal of the recently imported material for the
Council's consideration were as follows:
I. Leave material as is until the master plan study had
been approved for future development of Laguna Lake.
Park'. Some of this material could possibly be used
somewhere .Within 'the park in accordance with an approved
grading plan outside of the flood -plain area.
'2. Remove the recently imported material on an as needed
basis until it was all removed.
3. Remove.the imported material immediately using City.
forces.
4. Remove the imported material immediately by'-contract.
If alte mate I was selected, the material would remain where it was .for
approximately one year.
If alternate 2 was selected, it would be approximately two years before
all the fill material was removed because .there was almost no demand
for fill material except for City jobs.
If alternate 3 was selected, removal would be accomplished between now
and the first week in November; as.time permitted; using City forces
and equipment::.
If alternate 4 was selected, the material' would be removed immediately;
it would take approximately 3 to 4 days at a cost of $4,500 to $5;000.
In this case the material would be hauled to the County land fill site
in Edna Valley.
Mr. Williamson stated that -it was his-recommendation that alternate 3.
be selected and that the Public Works and P.arks:& Recreation Departments
combine crews and equipment to accomplish this task. Further, all City
departments had:been advised of the Counci.l's directive to not authorize
any filling or-dumping within areas flooded during the 1973 storm.
D. F. Romero, City Engineer, submitted a report with attachments on the
history of 'placi'ng 'surplus f i l l material :at the Laguna Lake Park in
accordance with the adopted Hector Plan since 1966.
Robert Strong, Planning Director, stated that he; William Flory,
Director of Parks & Recreation; and Dave Romero, 'City Engineer recommend
that alternate I' be adopted by`the City Council rather than Alternate 3
as recommended by David Williamson.
' It was the three staff members' recommendation that the .di rt. would be
necessary for the:development within the Laguna Lake Park and that if
this dirt were removed at this`time,.ultimately additional dirt would
have to be imported for development.
City Council Minutes
September 3, 1974
Page 12
D. F. Romero, City Engineer, estimated that about 500 cubic yards of
dirt had been dumped 'in the last year on this property.- He, too, opted
for alternate I and had the .dirt s'pread in two or..three inch spread
throughout the already fil"led. part: of the peninsula.
Councilman Gurnee supported•.alternate 3,. move the .di.rt' out, not - another
cover -up of a mistake. ,
Councilman Norris stated he supported a1ter-nate -.1 with the recommenldation
that a thin spread out and compaction in place on the peninsula.
Councilman Brown stated he also supported - alternate I with the City to
use its own tractor to spread the fill over a larger area and compact as
thinly as possible and try to plant it prior to the winter rains.
Mayor Schwartz felt a combination between alternates I and 3 would be
acceptable to him. Move the fill back on the park land, out of the
flood -prone area and possibly stock pile it for future 'park development.
Councilman Gurnee stated that he 'agreed with the Mayor's compromise.
On motion of Councilman Gurnee, seconded by Councilman Brown that the
staff be authorized.to move the fill out of the flood =plaih area,
spread it thinly and try to plant it prior to the winter rains. Motion
carried on 'the following roll call vote:
AYES: Councilmen Gurnee, Brown, and Mayor Schwartz
NOES: Councilman:Norris
ABSENT: Councilman Graham '
9. Memorandum from Johre.Qu1rk;: Acting Water Department Director,
stated that, after review of Resolution No. 2435, (1973 Series) as it
applied to the quarterly water projects program, he requested that the
City Council consider the applying of the balance remaining for this
quarter to reimburse:the, two property owners participating in the
Serrano Drive water main extension in the amount 5f.$6,618.
On motion of Councilman Norris, seconded by Mayor Schwartz that the
recommendation of John 'Quirk be accepted and the money be allocated to
this project. Motion carried.
9X. D. F. Romero; City Engineer, submitted a memorandum on City.
participation in the signal cost at the intersection'of Madonna;Road and
the north -bound ramp to State Highway 101.
He stated that on April 17,'1961;.by freeway agreement, the 'City agreed
to construct the present structure and agreed to resume .control and
maintenance of each of the relocated or restructured Clty_ streets .O..
on notice....from the State that the work thereon had been completed.:
This agreement implied that the City would pay for maintenance and
participate in the-'cost"of: improvements within that portion which was
relinquished to the City.
Within the past three and one -half years, there had'been.25 accidents
at the intersection of Madonna Road with the north -bound ramps of
State Highway 101. Eighteen of these accidents could have been prevented
by the installation of traffic signals. Thus; there was a very strong
warrant, almost a mandate, for a signal installation at this location.
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City Council Minutes
September 3, 1974
Page 13
The State, on.i.ts own initiative, had prepared construction plans and
cooperative agreement for which .the City's share was estimated at $27,000.
However, with rapidly increasing escalation for signal i.nsta.11ati•on costs,
he would guess that the City's share might well be several thousand
dollars higher, even if the signal were constructed within the next six
months.
The State was following normal practice.i.n its freeway agreement and
cooperative . agreement for sharing of- costs. ..If the State had constructed
the freeway .at'South.Stre.et..in accordance with the City's proposal, there
would have been no,traffi_c congestion at the.cr.'ossiIng of State Highway 101
and no need for signals.
However, since the City. did agree to the modi'ficat.ion, it woul.d'appear
that the City has no choice at this time but to'p'roceed with the
improvements as recommended by. the .State..
On motion of Councilman Browh,.seconded by Councilman Gurnee the following
resolution was introduced: RESOLUTION NO. .2659,.a.resolution of the
Council of the City of San Luis Obispo approving and authorizing the
Mayor...to execute agreement . with the California Department of Transportation
for installation of traffic control signal system and safety lighting at
the intersection of Madonna Road with State Highway Route 101 north-
bound ramps. '
Passed and adopted on the following roll call vote:
...AYES:. Councilmen Brown, Gurnee, and Mayor Schwartz
. . . NOES: Counci.l.man Norris
ABSENT: Councilman Graham
10. Commun i cat i'oi
Building.Department be
underground permit for
Higuera Street, in the
basis that there would
would be constructed.
i from Dennis' B. Wheeler requesting that the
authorized to issue, a foundation, slab and
the J. B. Dewar Warehouse Addition, 2947 South
moratorium area. The request.was made.on the
be no increase in fire hazard, as no combustibles
On.motion.of Councilman Gurnee., seconded by..Councilman Brown that the
permit be .approved for.foundation, slab, and unde,rgrounding . at,2947
South Higuera.Street w1th.no. comb ustible construction to be allowed and
with no new.water service to be.connected until the lifting of the
moratorium. Motion carried, a.11 ayes...
Robert Strong, Planning Director,.asked the Council for ,policy on future
foundation and slab construction permits with non - combustible construction
as several developers within the moratorium area are similarly affected,
and to avoid coming to the City Council with each individual permit.
The City Council stated that the Building Department could issue permits
subject to the same conditions as the permit just .approved for Dennis
Wheeler.
' II. William E. Flory, Director. of Parks 8 Recreation requested'.
permission of the City Council.-to submit three appl.icati.ons to.the
State of California for funds to acquire.an addition to'the Santa Rosa.
Park, to redevelop a portion of Mitchell Park, and.to procure lighting.
for Meadow Park. The three projects if 'approved by the County Board
of Supervisors.and the State Department of Parks and.Recreation would
be,financed.through the passage of the recent State Beach, Park, Recreational
and Historical,Facilities.BOnd Act of 1974.
City Council Minytes
September 3, 1974
Page 14
The.Park & Recreation Commission were unanimous in` selecting these three
projects as their , priorities for state'funding and recommended them.
strongly for C.ity'Cbunci.l.. cons ide,ration.
The allocation of the state grant for the three projects would be
$147,695.
R. D. Mi I I er,. Admi.n i strati.ve; Of.f1cer., added that.the Park 8 Recreation
Commission also suggested that any City funds freed as a 'result of the
.grant. of the .State of. California for .these three :projects might..be.:.
considered for additional park and recreation projects.
On motion.of Councilman Norris, seconded,by Councilman Brown .the _follow-
ing resolution was introduced: RESOLUTION NO. 2660, a resolution of- ..
the Council of the City of San Luis Obispo approving application for
State Beach, Park Recreational and Historical Facilities Bond Act of
1974 funds for.an addition to Santa Rosa Park.through. acquisition.
Passed and adopted on the :foilowing'roll call vote: .
AYES:. Councilmen. Norris, Brown,,Gurnee and.Mayor Schwartz
NOES: None
ABSENT: Councilman.Graham
On motion of Councilman Norris, seconded by Councilman Brown.the follow-
ing resolution was introduced: RESOLUTION NO. 2661, a resolution of the
Council of the City of San Luis Obispo.approving ;application for State
Beach, Park, Recreational and Historical Facilities Bond Act of 1974
Funds for Mitchell Park Development Project.
Passed and adopted on the.fol.lowing roll call.vote:..
AYES: Councilmen Norris,.Brown, Gurnee and Mayor Schwartz.
NOES: None
ABSENT: Councilman Graham
On motion.of Councilman Norris, seconded by :Councilman Brown the follow-
ing resolution was introduced: RESOLUTION NO. 2662, a. resolution of the
Council of the .City of San Luis Obispo approving :application for.State
Beach, Park, Recreational and Historical: Facili.ti:es Bond Act of .1974.
Funds for Meadow Park Development Project.
Passed and adopted on 'the fol.lowing..rolI call vote:
AYES: Councilmen Norris, Brown, Gurnee.,_an'd Mayor Schwartz
NOES:. None
ABSENT: Councilman Graham
12. Recommendation of the Mass Transportation Committee that the_
bus line be.extended.southerly on Higuera,Street to .serve Los Verdes Park,
an addition of 1.2.mil.es for each ,round tri'p. The.recommendation
implied.placement of a bus sign.and bench at the pick -up point and so'
recommended to the..City Council..,
On'motion..of Councilman Gurnee seconded by.Councilman Brown that the
recommendation of the Mass Transportation Committee.be accepted and the
staff was authorized to proceed. Motion carried, Councilman Graham absent.
City Council Minutes
September 3, 1974
Page 15
13. Memorandum from William E. Flory, Director of Parks 8 Recreation,
submitting a recommendation of.'the Park 8 Recreation Commission that the
City engage the services of a PGA Golf Professional to oversee manage-
ment of the Golf Course and to operate the Golf Shop concessions.
They also requested permission to advertise ,for submiss'ion 'of . proposals
from professionals to manage the Laguna Lake Golf Course through August 31,
1975.
On motion of Councilman Norris', seconded by Councilman Brown the City
Council accept the recommendation but allow. an advertising period of
thirty days for proposals from a PGA professional to operate the Laguna_
Lake Golf Course. Motion carried, Councilman Graham absent.
13X. The City Council considered a memorandum of understanding regarding
a limited streambed maintenance program by Zone 9 of the Flood Control
and Water Conservation District of San Luis Obispo County.
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Councilman Gurnee, representing the Waterways Planning Board, asked that
any funds spent under the streambed maintenance program be spent in areas
for best protection of the City, starting with the upstream protection
and not necessarily within the City of San Luis Obispo. Thelmost
important thing was to protect the City from future devastating floods.
On motion of Councilman Brown, seconded by Mayor Schwartz that the City
Council approve the memorandum of understanding as presented by the
County of San Luis Obispo.
13Y. D. F. Romero; City Engineer, submitted a report from John
Jenks', Sanitary Consulting Engine'e'r, for the water pol lution control
plant - bypass elimination plan. He recommended that Plan C, which
implied a future expenditure of approximately $125,000. This work
would have to be completed prior to October 1975, in order to meet
the requirements-of -the Water Quali..ty Control Board•standards.
On motion of Mayor Schwartz, seconded by Councilman Brown that the City
Council accept the report by John Jenks and the matter be filed with
City staff for action and implementation. :Motion carried, Councilman
Graham absent.
On motion of Councilman Brown, seconded by-Mayor Schwartz consent items
C -I, C -3, C -4; C-5, C- 6,.0 -7, C =8, C -9, C -10', and C -Il were approved as
recommended_..
C -1 The claims against the City of San .Luis.'Obispo were authorized
payment subject to approval by the Administrative Officer.
C -3 The following contract pay estimates 'were approved:
Con co Est. #1 $21,964.50
CULVERT REPLACEMENT
City Plan No. 16 -74
MISSION PLAZA' RETAINING
WALLS Est #'I $25,602.16
City Plan No.. 21. -.74
City Council' Minutes
September 3, 1974
Page 16
Jack S. Foster Est. #I $ 2,025.00
MUSTANG.VILLAGE GRADING
City Plan No. 43 -74
Karl eskint- Crum; -1 -nc Est. #6 -$ - -483.30
MEADOW PARK —PHASE 111 FINAL X4:1382:73
City Plan No. 4 -74
Madonna Const.. Co. Est. #1 $210753.00
EDNA SADDLE- RESERVOIR
City P.Ian No. W73 -8
Walter Schmid Est. #2
REC CENTER ADDITION
City' Plan No. 27 -74
Smee's Plumbing 8 Heating Est. #1
SEWER SIPHONS.
City Plan No::13 -74
Walter Bros. Const. Co. Est.' #3
POLICE FACILITY CARPORT EXT.
City Plan No. 28 -74
$ 9,144.00
$16,109.10
$ 1,707.75
C -4 On motion of Councilman Brown, seconded by Mayor Schwartz, the
following resolution was introduced: RESOLUTION NO. 2663, a resolution
of the Council- of the City of'San Luis Obispo authorizing the Department.
of General Services'of the State of California to purchase certain items.
Passed and adopted on the fol'lowing roll call vote:
AYES: Councilmen Brown, Gurnee, Norris and Mayor Schwartz
NOES: None
ABSENT: Councilman Graham
C -5 The report from M. E: Willeford, CPA, on audit of the City's
financial records for the fiscal year 73/74 was ordered received and filed.
C -6 The request from Richard S. Penksa,. Manager,' Mountain Sports.,
for permission to use Santa Rosa Park on October 20, 1974, 'from 2:00 to.
7:00 P.M. for a promotional program, and also requesting permission to sell
soft. drinks was approved subject to the filing of a hold - harmless agree-
ment and an insurance liab,ili.ty certificate.
C -7 The following announcements.of appointments we.re made:
Gary Hawkins - Maintenance Man II at Step I or $700,
effective 8/20/74, 'subject to a one -year probationary
period.
Robert F. Newmann - Fireman at Step I or $838, effective
9/16/74, subject to .a one -year probationary period.
Michael W. White - Maintenance Man II at Step I or $700,
effective 9/1/74, subject to a one -year probationary
period.
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City Council Minutes
September 3, 1974
Page 17
C -8 The request from James Negranti for transfer of the Morro Club
(card room) business license to Tex Braudrick (1974 /75.license paid) was
referred to the Police Department for investigation.
C -9 An agreement between the State Department of Transportation
and the City to grant permission to the City to construct, install and
' maintain two water mains and a pressure regulator system on and across
Madonna Road and 50 Higuera Street was approved and the Mayor authorized
to sign the agreement.
C -10 The memorandum from David Williamson, Assistant Administrative
Officer, regarding Project COPE proposed by the California Association
of the Physically Handicapped was referred to the Human Relations
Commission.
C -II The communication from Homer Odom, Promotional Coordinating
Committee Chairman for grants to the ART ASSOCIAT.IOM,- $2,470,
MUSTANG BOOSTERS - $1,000, and COUNTY BAND - $1,200 were approved by
the City Council.
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B-1 City Clerk reported that only one bid had been received for
BARMINUTER for the wastewater plant. The bid was from T. H. Creears
Corporation.:-in:the amount of $15,918, plus tax'.
D. F. Romero, City Engineer, recommended that the bid be accepted since
it'-is -the 'supp I i er for th i s district of, this. make.
On motion of Councilman Gurnee, seconded by Councilman.Brown that the
bid of: T. H. Creears Corporation be .accepted in the amount of $15,918.
Motion carried.
B -2 City Clerk reported on the following bids received 'for
PARALLEL SEWER LINES, City Plan No. 46 -74. Bids :opened August 27, 1974
at 3:00 P.M.
Engineer's Estimate $40,872.50
Charles Pratt Const. Co. 32,718.65
P.O. Box 1295
SLO, CA
R. Baker Const. Co., Inc. 48,968.37
P.O. Box 419
Arroyo Grande, CA
Paso Constructors 63,901.00
Route I, Box 14D
Paso Robles, CA
D. F. Romero, City Engineer, recommended that the low bid of Charles
Pratt Construction Company in the amount of $32.718.65 be accepted.
On motion of Councilman Gurnee, seconded by Councilman Brown that the
low bid be awarded to Charles Pratt Construction Company. Motion
' carried.
B -2A On motion of Councilman Gurnee, seconded by Councilman Brown
the following resolution was introduced: RESOLUTION NO. 2664, a
resolution adjusting the 1974 -75 Budget. (Increasing Account
(50) 40- 7062 -719 by $3,500.)
City Council Minutes
September 3, 1.974
Page 18
Passed and adopted on the following roll call .vote:'.
AYES: Councilmen Gurnee, Brown, Norris and Mayor Schwartz
NOES: None
ABSENT: Councilman Graham
TRAFFIC COMMITTEE ITEMS
TC -1 74 -9 -IC Proposal to cooperate with Department of Transportation
to construct median on Broad Street between Orcutt
Road and Rockview (proposed on a split vote) was
ordered received and filed.
TC -2 74 -9 -2T Requested red curbing (2 car spaces) on the east; side
(a) of Broad Street south of Upham was denied.
TC -3 74 -9 -2T Requested stop sign on Woodland at Wilding Lane was
(b) denied.
TC -4 74 -9 -2T Requested stop sign on Murray at Casa Street was denied.
(c)
On motion of Councilman Brown, seconded by Councilman Gurnee all traffic
committee items were ordered received and filed. Motion carried.
On motion of Councilman Brown,'seconded by Councilman Gurnee, Mayor
Kenneth E. Schwartz was authorized to attend the League of Cal:i.fornia
Cities as chairman of the Mayors' and Councilmen's Division Resolutions
Committee with expenses "paid by the City. Motion carried.
The City Council then adjourned to Executive Session.
On motion of Councilman Brown, seconded by Councilman Norris the meeting
adjourned to Tuesday, September 10, 1974 at 7:30 P.M. Motion carried.
APPROVED: December 2, 1974
H. ITZPATRICK, City Clerk
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