HomeMy WebLinkAbout11/18/19741
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Pledge
Roll Call
City Staff
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
MONDAY, NOVEMBER 18, 1974 - 7:00 P.M.
CITY HALL
PRESENT: John C. Brown, Myron Graham, T. Keith Gurnee, Jesse
Norris and Mayor Kenneth E. Schwartz
ABSENT: None
PRESENT: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative
Officer; William E. Flory, Director of Parks and Recreation
A.J. Shaw, City Attorney; Robert Strong, Planning Director;
D.F. Romero, City Engineer
1. At this time the City Council considered the FINAL PASSAGE of
Ordinance No. 627, an ordinance of the City of San Luis Obispo amending the
zoning ordinance to permit student housing dining facilities to sell meals to
non - residents subject to a use permit.
Mayor Schwartz reviewed the conditions of the ordinance, which was to allow
student housing facilities to sell meals to non - residents subject to a use
permit issued by the Planning Commission.
Robert Strong, Planning Director, reviewed for the City Council the criteria
established by the Planning Commission for the evaluation of requests for
non - resident communal dining facilities in student housing complexes.
He continued that the purpose and intent of permitting non - resident dining
facilities was to fulfill a need of certain residents of the community to
have available to them moderately priced, prepared meals on a regular basis.
The Planning Commission felt, generally, the need for such meals was
limited to the elderly, who for reasons of finances or physical capability,
were not able to prepare their meals; or to students who were single and
did not have financial means nor the facilities to prepare nutritious hot
meals.
He continued that it was not the intent of the Planning Commission in this set
of criteria to permit non - resident dining activities to occur in locations
where such activity would be deleterious to the neighborhood either by the
presence of said facility or by the added automobile traffic and human
activity related to the operation of the facility. Further, it was not the
intent to permit commercial dining facilities open for general patronage,
competing with restaurant facilities permitted only in commercial zones and
regulated by specific development and operational standards. He then reviewed
some of the basic questions that the Planning Commission would ask in determining
whether or not to grant a permit for non - resident meals in a student housing
complex.
Mayor Schwartz declared the public hearing open.
Michael Aimola, representing Stenner Glen, appeared before the City Council
in support of adoption of Ordinance No. 627 stating he felt his organization
could live within the criteria as explained by the Planning Director.
John Becker, representing Tropicana, agreed that his organization could live
within the criteria established by the Planning Commission and urged the City
Council to adopt the ordinance as presented.
City Council Minutes
November 18, 1974
Page 2
On motion of Councilman Gurnee, seconded by Councilman Graham Ordinance No. 627
was finally passed on the following roll call vote:
AYES: Councilmen Gurnee, Graham, Brown, Norris and Mayor Schwartz
NOES: None
ABSENT: None
On motion of Councilman Gurnee, seconded by Councilman Graham the following
resolution was introduced: Resolution No. 2684, a resolution of the Council
of the City of San Luis Obispo adopting specific criteria for the evaluation
of requests for non- resident communal dining facilities in student housing
complexes.
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee, Graham, Brown, Norris and Mayor Schwartz
NOES: None
ABSENT: None
2. At this time the City Council continued discussion of Ordinance
No. 604, the facilities ordinance. Continued from the public hearing of
November 4 and the adjourned meeting of November 14, 1974.
Mayor Schwartz reviewed the history of the City Council in attempting
to adopt the provisions -of'Ordinance No. '604, which'would establish criteria and
standards for approval of real property division, zoning changes, annexations,
use permits and building permits prior to departmental certification that
City facilities could accommodate the increased burden from the development.
The ordinance would also provide a mandatory procedure for the Planning
Commission, department heads and the City Council for review and correction I
of the deficiencies.
David Williamson, Assistant Administrative Officer, then presented for the
Council's consideration revisions to the staff recommendations to proposed
Ordinance No. 604. Report dated November 15, 1974 and received by the City
Council just prior to the Council meeting of November 18, 1974. He stated
the ptihciT41'point made by the staff to the City Council was that they
should employ two different sets of standards relative to resource management.
One set, which could be referred to as design criteria, would be applicable
to all new construction and would be based upon appropriate recognized profes-
sional standards. As a rule, these standards would be periodically modified
to reflect latest research findings.
A second set of criteria, which staff referred to as Life and Safety Criteria,
attempted to identify the points at which precautionary action must be
taken to either restrict the use of remaining resources or services or
begin planning for the acquisition of additional resources, staff and
equipment if a critical or crisis situation was to be avoided. He then
reviewed in detail the staff recommendations for the responsible manage-
ment of a variety of resources and services.
Water Supply
Precautionary Action Point `
When consumption for all customers served by the City water utility within
a previous twelve month period of time totals 6,500 acre feet of water from
all supply sources, the City's Utilities Engineer shall schedule a public
hearing in accordance with Level 1 reporting procedures.
Critical Point
When consumption for all customers served by the City water utility within
City Council Minutes
November 13, 1974
Page 3
a previous twelve month period of time totals 7,650 acre feet of water from
all supply sources, the City's Utilities Engineer shall schedule a public
hearing in accordance with Level 1 reporting procedures.
Note: The City water utility is presently supplying about 5,900 acre feet
of water per year. It was anticipated that we would be using 6,500 acre
feet of water per year by 1979. The City has an entitlement from the State
of 7,650 acre feet of water from all sources. This would give the City the
' minimum and necessary ten year time frame in which to seek a greater
entitlement and develop alternate supply resources.
Water Distribution
Precautionary Action Point
If water pressures in any pressure zone or area of the City were found to
be outside the 40 to 100 psi range, the City's Utilities Engineer shall
determine whether or not a public hearing should be held in accordance
with Level 1 reporting procedures.
Critical Point
If water pressures in any pressure zone or area of the City were found
to be inadequate according to State standards, the City's Utilities Engineer
should determine whether or not a public hearing should be held in
accordance with Level 1 reporting procedures.
Note: Domestic water requirements within the distribution system are in
most cases less than fire flow requirements. Recommended standards for
water distribution systems include the combined domestic and fire require-
ments. The larger portion of the water required would normally be attributed
to fire protection requirements. State standards for water pressure provide
for a greater range of pressures than the precautionary action point range
' and pressures at the extreme ends of the State range were critical, especially
where lines had deteriorated. It was recommended that the City's Utilities
Engineer be given the option whether or not to schedule public hearings
because it might be possible that problems were very temporary or that they
could be resolved by making mechanical adjustments in the system.
Water Treatment
Precautionary Action Point
If treated water volumes exceed eight million gallons per day at treatment
plant no. 2 for one consecutive three -day period or if the total quantity
of stored water drops to twelve million gallons the City's Utilities Engineer
should schedule public hearings in accordance with Level 1 reporting procedures.
Critical Point
If treated water volumes exceed eight million gallons per day at treatment
plant no. 2 for two consecutive three -day periods within the same calendar
year or if the total quantity of stored water drops to eight million gallons
the City's Utilities Engineer should schedule public hearings in accordance
with Level 1 reporting procedures.
Fire Suppression
P
' Precautionary Action Point
Fire suppression facilities have reached the precautionary action
point when: (1) The difference between available water supply and fire flow
requirements at the project site was less than 25 percent of the required
fire flow, or (2) It becomes apparent that further development within a
pressure zone may reduce available fire flows to the extent that portions or
all of the zone would not meet fire protection standards. A study would be
City Council Minutes
November 18, 1974
Page 4
made to determine what the available fire flow was and whether or not further
construction should be allowed in that zone. If it was found that all or
portions of a pressure zone did not meet the standard stated above, or
category (1) above standards were exceeded, the City's Utilities Engineer
should schedule a public hearing in accordance with Level 1 reporting procedures.
When response time to a proposed project exceeds the current four- minute
response time standard, an additional amount of response time might be
acceptable if fire protection features were incorporated into a project so
as to effectively meet the four - minute response time standard. When
response time to a proposed project exceeds the current four - minute response
time standard, and there was no acceptable method by which offsetting fire
protection features could be incorporated into the project so as to
effectively meet the four - minute response time standard, the Fire Chief
should schedule a public hearing in accordance with Level 2 reporting
procedures.
Critical Point
Fire suppression facilities have reached a critical point when:
(1) The difference between available water supply and fire flow require-
ments at the project site was more than 25 percent of the required fire
flow, or (2) It became apparent from studies that had been made of a
pressure zone that there was an inadequate amount of water available to
meet fire flow requirements in all or portions of the zone, the City's
Utilities Engineer should schedule a public hearing in accordance with
Level 1 reporting procedures.
Sewer Collection
Precautionary Action Point
When sewer mains reach 90 percent of design or actual capacity and there
was undeveloped land within the contributing area which if developed in
accordance with the latest adopted General Plan would generate enough
sewage to overload the line, the City's Utilities Engineer should schedule
public hearings in accordance with Level 1 reporting procedures.
Critical Point
When sewer mains flow full without surcharge, this would be considered
maximum and critical capacity. Certain exceptions to this might be made
if a transmission or trunk line had no lateral connected to it. A
surcharge or pressure condition might be allowed if there was no possibility
of interrupted service to customers or property damage. If a surcharge or
pressure condition became critical, the City's Utilities Engineer should
schedule a public hearing in accordance with Level 1 reporting procedures.
Sewer Treatment
Precautionary Action Point
The City sewage treatment plant should be considered as having reached the
precautionary action point when average daily flows reach four and one -half
million gallons per day. The City's Utilities Engineer should schedule
public hearings in accordance with Level 1 reporting procedures.
Critical Point
The sewage treatment plant should be considered to be operating at full
capacity when the average daily flows exceed five million gallons per day
or when the City no longer meets effluent discharge quality requirements
as established by the State Water Quality Control Board. The City's
Utilities Engineer should schedule a public hearing in accordance with
Level 1 reporting procedures.
Note: The precautionary action point volume of four and one -half million
gallons per day provides for a minimum five year time period in which to
fund, design and construct additional treatment facilities.
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City Council Minutes
November 18, 1974
Page 5
Sewer Lift Stations
Precautionary Action Point
A sewer lift station is at the precautionary action point when flows through
the station require the operation of one pump at 90 percent capacity full
time. The City's Utilities Engineer should schedule a public hearing in
accordance with Level 1 reporting procedures.
Critical Point
A sewer lift station is at full capacity when the station is handling flows
requiring the operation of one pump at 100 percent capacity full time. The
City's Utilities Engineer should schedule a public hearing in accordance
with Level 1 reporting procedures.
Flood Control
The Assistant Administrative Officer stated that staff strongly
recommended that flood control considerations be deleted from Ordinance
No. 604. If this could not be done, they felt that flood control
considerations should include local drainage facilities under City
control to the point of drainage jurisdiction by the Zone 9 Flood Control
District and leave that in the hands of the Zone 9 Board.
The City Council had a long discussion with the Assistant Administrative
Officer, David Williamson, regarding the staff recommendation for the
deletion of any reference to flood control and flood plane control in
the overburdened facilities ordinance.
It was the feeling of the City Council that this was one of the most serious
problems facing the City of San Luis Obispo and should be included in some
program by the City, so that they would be aware of what was happening in
this most important area.
David Williamson, Assistant Administrative Officer, stated that it was his
opinion that there was so little information available to the City on floods
and flood potential and he felt the staff input to arrive at this information
would require many hours of study to come up with any standards or criteria
for guidance by the City Council. He continued that the City Council should
delete any reference to flood control for some future addition to the ordinance
when more information were available or some way of acquiring this information
were made available.
Police Service
Precautionary Action Point
The precautionary action point should be reached when the City's population
totals 41,000 or the incorporated area of the City totals eleven square miles.
The City's Police Chief should schedule a public hearing in accordance with
Level 2 reporting procedures.
Critical Point
The critical point should be reached when the City's population totals
42,800 or the incorporated area of the City totals 12 square miles. The
City's Police Chief should schedule a public hearing in accordance with
' Level 2 reporting procedures.
Pedestrian Circulation
No recommended standard.
Vehicular Circulation
The standards noted below were applicable to the City's local street system
to the nearest point of safe access onto an arterial roadway. State
highways and arterial streets were exempted from this standard. The
exempted streets include those shown as major streets on the latest adopted
City Council Minutes
November 18, 1974
Page 6
Street and Highway Plan Map of the City
through January, 1971 by City Planning
Any future project generating less than
exempt from Ordinance 604 procedures.
Precautionary Action Point
of San Luis Obispo as amended
Commission Resolution No. 2140.
100 average trips per day will be
City streets are at the precautionary action point when traffic in
the 13 greatest peak hour in any calendar year exceeds 90 percent of the
theoretical capacity as determined in the charts and factors from the
Institute of Traffic and Transportation Engineers manual "Fundamentals
of Traffic Engineering." The City Engineer should schedule public hearings
in accordance with-Level 2 reporting procedures.
Critical Point
City streets are at the critical point when traffic in the 13 greatest
peak hour in any calendar year exceeds 100 percent of the theoretical
capacity as determined in the charts and factors from the Institute of
Traffic and Transportation Engineers manual "Fundamentals of Traffic
Engineering." The City Engineer should schedule public hearings in accordance
with Level 2 reporting procedures.
Note: It was recommended that an annual reporting system be established
for arterial streets and highways. This report would delineate areas in
which traffic volumes were approaching capacity for both City and State
administered facilities.
Social Facilities
No recommended standard.
Library Facilities
No recommended standard.
Schools
No recommended standard.
Note: Mr. John Perko with the San Luis Coastal Unified School District
advised us that the school district would provide public education
facilities regardless of where and what rate the City of San Luis Obispo
develops.
Parks and Open Space
Precautionary Action Point
The precautionary action point is when a proposed project was within a
half mile radius of an existing or proposed recreation facility, either
City, School, or joint facility, but the facility was not accessible,
fully developed, or capable of providing a full scope of neighborhood
recreation opportunity for the physical, mental and social welfare of City
residents. The Director of Parks and Recreation should schedule public
hearings in accordance with Level 2 reporting procedures.
An exemption from the above statement was the "old town" area.
Critical Point
The critical point is when a proposed project was not within a half mile
radius of an acceptable recreation facility, either City, School, or joint
facility. An exemption from the above statement would be the "old town"
area. The Director of Parks and Recreation should schedule public hearings
in accordance with Level 2 reporting procedures.
City Council Minutes
November 18, 1974
Page 7
Land By Use Category
No development proposal should be approved unless it was consistent with
the land use and density designation of the General Plan and the zoning
category currently in effect, whichever was more restrictive. Where the
General Plan and zoning were determined to be inconsistent, any develop-
ment proposal should only be considered subsequent to General Plan
revision or rezoning hearing procedures to resolve inconsistencies.
After discussion by the City Council, the Council by consensus accepted
the staff recommendations for revisions to proposed Ordinance No. 604 as
a basis for the criteria for the ordinance.
On the matter of inclusion of flood control, Alternate 1, recommending
that flood control considerations be deleted from Ordinance No. 604, was
accepted by the City Council.
The City Council then reviewed proposed Ordinance No. 604 paragraph by
paragraph to include all changes in wording to date submitted by the City
Council, City staff, Ad Hoc Task Force on Resource Inventory, and the
various citizens who appeared before the Council.
The City Council then approved each paragraph and the wording therein by
majority consensus of all council members present.
Mayor Schwartz called a recess at 9:10 p.m.
The meeting reconvened at 9:25 p.m. with all council members present.
Warren Dolezal, developer, questioned whether projects under development
at this time would come under the provisions of Ordinance No. 604, such
as: (1) Tract 467, Phase II which was now under consideration, and (2)
Woodside Apartments on Santa Rosa Street which were now in the plan check
stages.
A.J. Shaw, City Attorney, answered that projects under construction would be
exempted from the conditions of Ordinance No. 604. But, the Woodside
Apartment development was not exempt as the construction had not been
started and building permits had not been issued, nor had the project
gone before all boards and committees needed for approval prior to the
issuance of a building permit.
Mayor Schwartz asked if it were possible for the City staff to review
all plans which were now in process in the City, either at plan check
stage, Architectural Review stage, etc. and have a preliminary report
on the effect that Ordinance No. 604 would have on these projects going
through City procedures.
David Williamson, Assistant Administrative Officer, stated he felt this was
a good suggestion for preliminary information and he would present this
report to the City Council at the December 2, 1974 meeting.
Warren Dolezal again stated he felt the principles of Ordinance No. 604
were good and felt it would be an asset to the City and to the developers.
This way everyone would know where they were going and how the work was
to be accomplished.
Glennadeane Dovey member of the Ad Hoc Task Force urged the City Council to
have City staff get City inventory into shape as soon as possible so that
it could be made available to the public for their information as to possible
overburdening of facilities, which she felt was the key to the support of
this ordinance.
Frank Exter, Chairman, Ad Hoc Task Force, spoke in support of adopting the
Ordinance No. 604 as amended. He felt many of the amendments strengthened
the ordinance, and several of the amendments had weakened the ordinance.
He urged the adoption of the ordinance before it was talked to death. He
felt the City Council and the Ad Hoc Task Force had presented a viable
document for the City to enact.
City .Council, Minutes
November 18, 1974
Page 8
Walt Crawford, 297 Chorro Street, was disappointed that the City Council
would consider the adoption of an ordinance which did not contain inventory
criteria and standards for flood control and flood plain management. He
felt that this was one of the most serious problems facing the City of San
Luis Obispo.
David Hughes, Attorney, stated that he was in support of the adoption of
Ordinance No. 604. He felt that the ordinance as amended would serve the
people of San Luis Obispo, both the growth and no- growth advocates. He
then submitted a list that he felt would clarify some of the wording and ,
possibly eliminate any possible legal challenge to the ordinance when
adopted. He felt that an affirmative action by the.City Council would
place this important ordinance in effect. He also felt that while the
ordinance required a negative determination by City staff when facilities
were overburdened and the project could not proceed, he felt that an
affirmative action by the City staff in approving a project should also
be given to the applicant or developer stating that the resources were
adequate and that the project could proceed.
On motion of Councilman Norris, seconded by Councilman Gurnee the following
ordinance was introduced: Ordinance No. 604 -A (1974 Series), an ordinance
of the City of San Luis Obispo adding provisions to the Municipal Code
requiring -the maintenance of current data on the City's basic resources;
establishing two levels of impact by said resources upon development;
prohibiting development prior to the availability of adequate Level 1
resources; and providing a mandatory procedure for City review and cor-
rection of resource deficiencies.
Passed to print on the following roll call vote:
AYES: Councilmen Norris, Gurnee, Brown, Graham and Mayor Schwartz
NOES: None
ABSENT: None
On motion of Councilman Norris,.seconded by Councilman Gurnee the following
resolution was introduced: Resolution No. 2685 (1974 Series), a resolution
of the Council of the City of San Luis Obispo adopting criteria, standards
and policies for departmental use in making the facilities determinations
required by Ordinance No. 604 -A.
Passed and adopted on the following roll call vote:
AYES: Councilmen Norris, Gurnee, Brown, Graham and Mayor Schwartz
NOES: None
ABSENT: None
3. At this time the City Council reconsidered the appeal of Mrs. Berta
Lang, 3219 Broad Street, for a high water bill for her property, considered
at a prior council meeting which she was unable to attend.
Mrs. Lang appeared before the City Council stating she was sorry this had
to be placed on the agenda a second time, but she had attended a prior
meeting and due to the length of the agenda she was unable to stay until
the end. She stated she could not see any way that the water for which
she was billed could have ever passed through her meter, as she had no
garden and both her husband and herself worked. Therefore, she was
again asking the City Council to reconsider a reduction in her water bill.
The City Clerk then read the report of John P. Quirk, Assistant Director
of Water Services, stating their check of the property found no leak on
the City's side of the meter and the meter appeared to be operating in an
adequate manner, therefore, he felt no adjustment should be made insofar
as the City bill was concerned.
City Council Minutes
November 18, 1974
Page 9
On motion of.Councilman Norris, seconded by Councilman Brown that the
City Council direct the removal of the water meter at 3219 Broad Street
and proceed with a bench check with an adjustment in the Lang bill if
found in error. If the meter was working properly, Mrs. Lang would be
notified to pay the bill taking up to three months to do so. Motion
carried.
4. Memorandum from Lee Schlobohm, Fire Chief, regarding the City
Weed Abatement for the Polin - Truchan property at the end of Rouget Place
for which the property owner received a bill of $1,233.50 for one acre of
land on a weed abatement.
The Fire Chief stated that based on the information provided, it appeared
that while the time spent by the employees of Paul Wissler could be documented,
it was the Fire Chief's feeling that in this particular instance the contractor
should have checked with the property owner or an officer of the Fire Depart-
ment before expending this much time and effort on the property. It was
felt that the charges would be less than $200.
The fact that much of the material removed from the property was placed
there by adjoining property owners or others, further complicated the
situation. Considering all factors, the Fire Chief recommended that the
bill be cancelled and that the property owner, Polin - Truchan be rebilled
for only 50 percent of the original amount on the 1974 weed abatement
assessment, and that the City of San Luis Obispo pay the other SO percent.
He felt the work had been done by the contractor, even though he agreed the
contractor took advantage of a situation over which he had no supervision.
Therefore, he felt the City should pick up a portion of the bill.
He then reviewed for the City Council a number of improvements he hoped
to initiate in the 1975 weed abatement program.
On motion of Councilman Norris, seconded by Councilman Gurnee that the
City Council accept the recommendation of the Fire Chief that the property
owner pay one -half of the bill and that the City pay the other half of
the bill with the Fire Chief to personally notify the property owner of
the Council's decision. Also, the City Council accepted the suggestions
of the Fire Chief for more control over the contractors doing work on the
City's weed abatement program. Motion carried.
5. William E. Flory, Director of Parks and Recreation, submitted
the following report on behalf of the Parks $ Recreation Commission on
the request of the property owners for the establishment of a neighborhood
park on school district property located on Los Osos Valley Road south of
the Madonna Road intersection.
He stated that the Parks $ Recreation Commission discussed the proposal
by Ron & Joanne Rabun and Ron $ Rosemary Warner for permission to create
a playground on school district property on Los Osos Valley Road.
After discussion with the property owners and residents of the area, the
Parks $ Recreation Commission took the following formal action and recom-
mended to the City Council that the Parks $ Recreation Commission unanimously
endorsed the concept of a neighborhood park on this school district property.
If the City Council agreed with the Parks $ Recreation Commission's recom-
mentation, they suggested the following conditions:
1. That the City's liability insurance be applied to this area.
2. The City and school district enter into the necessary agreements
for development and implementation of the land site with interested
residents' participation.
3. The same residents work closely with the City and school district
staff in development of plans, cost estimates and construction
details.
City Council Minutes
November 18, 1974
Page 10
R.D. Miller, Administrative Officer, disagreed with the recommendation of
the Parks $ Recreation Commission as he felt the property owners should
work with the Unified School District Board and develop this park without
City participation. He also urged that no action in this matter be taken
by the City Council at least until the master plan for parks within the
City had been prepared, as in none of the preliminary discussions had a
park been considered for this school district property.
Mrs. Rosemary Warner appeared before the Council and spoke in support of
the request stating that the neighbors would do the work., They primarily
wanted coordination and cooperation from the City.
On motion of Councilman Gurnee, seconded by Councilman Graham that the
City Council endorse the concept of a neighborhood park near Los Osos
Valley Road and agreed to list same on the City's inventory of park areas
for insurance purposes with the understanding that the present plan was
for the neighborhood to provide capital funds and maintenance of the
facility, subject to clearing with the school district so as not to
interfere with their future building plans. Motion carried, all ayes.
6A. Communication from Charles French, Attorney for Cuesta Valley
Properties, reminding the City Council that a bond was provided to the
City to secure the construction of a roadway on William Street on Terrace
Hill. At the time the bond was issued, the property owners regraded the
area to fill the large erosion scars and replanted the portions which
had been previously planted as required by the City. The bonding
company was now anxious to know whether the City was going to require the
continuance of the bond and whether the roadway must be paved.
Charles French continued the property was in escrow in the last year, and
the purchaser contemplated developing the property, but due to other
problems, this purchase had now been cancelled. On behalf of the Cuesta
Valley Properties, Charles French requested that the City Council waive
the requirement that William Street be paved at this time. If the
property was allowed to develop under the General Plan, any pavement
would have to be substantially destroyed to put in the utilities. If
the property was not allowed to develop, then it would be pointless to have
a paved street in the middle of a field. The property owners were willing
to make improvements to the lower portion of William Street to allow
better access for the residents located thereon.
The City staff reported on the request of Cuesta Valley Properties that
William Street was a rough graded street between Bishop and Ella Streets
on the eastern slopes of Terrace Hill. A $30,000 bond, guaranteeing paving
within two years was a prerequisite of a grading permit which was approved
by the City Council in September, 1971 and was one of the four conditions
of approval of a minor subdivision. It was apparently intended that the
111 undeveloped lots and streets of Buena Vista Terrace subdivision be
reverted to acreage and that the 35 acres be redivided into three parcels,
with Bishop Street, William Street, and Edison Drive to be dedicated and
improved prior to any building. To date, this had not been accomplished.
The bond that was issued assured paving of all three proposed streets
including the Bishop Street extension and had been extended previously.
It was the view of the Planning and Engineering Departments that little
purpose would be served in requiring the paving of these streets at this
time since it would be necessary to seriously damage these streets when
underground utilities were installed in the future when the property was
developed.
Prior to the release of the bond, it was the feeling of the City staff
that the developer should take certain steps as follows:
1. The reversion to acreage should be accomplished.
2. Bishop Street should be offered for dedication. This would
permit the City to develop the street at some future time if
the South Street crossing of the Southern Pacific Railroad
was constructed prior to development of Terrace Hill.
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City Council
November 18,
Page 11
s. The siltation sumps both at the end of William Street near
Ella Street and near the intersection of Augusta and Bishop
Streets should be fenced to protect small children or should
be provided with an under- drainage system so as to eliminate
standing water.
4. Eroded places near the intersection of Bishop and Augusta
Streets should be paved so as to handle drainage in a positive
manner.
5. Drainage should be carried underground from William Street
across Ella Street and into the underground drainage system
in the French property.
6. That portion of William Street serving the first two properties
near Ella Street should be regraded and brought to an all -
weather surface.
7. All areas which were graded as part of the Terrace Hill project
and did not now have an adequate ground cover, should be
hydromulched.
The City Council discussed the conditions recommended by the City staff
with Charles French, and he stated-that he would agree to all of the con-
ditions except for a modification of number five, which he would like to
tie the underground drainage from William Street across Ella Street into
the existing drain under Ella Street through the hospital properties.
Minutes
1974
On motion of Councilman Gurnee, seconded by Councilman Brown that the City
of San Luis Obispo release the bond subject to the seven conditions established
by the staff with the amendment of condition number five to allow the drainage
through the hospital property. Motion carried, all ayes.
7. Report from the Planning Department regarding the improvements for
the creamery development by Jim Swift and John Korelich, Jr. was continued
to December 12, 1974 at the request of Mr. Korelich.
8. The City Council considered plans and specifications for the
furnishing of one electric, automatic steam pressure sterilizer for the
Wastewater Treatment Plant Laboratory. Estimated cost of $2,025, with
the money budgeted in the 74/75 budget.
On motion of Councilman Gurnee, seconded by
and specifications were approved and bids f
Motion carried.
9. Robert Strong, Planning Director,
of the Planning Commission in approving the
the City of San Luis Obispo, but within the
Councilman Graham the plans
)r purchase were authorized.
presented the recommendation
Bear Valley Subdivision outside
City's Urban Reserve area.
He reported that the County Planning Commission had deferred a decision
on this matter so that the City Council could respond to the proposed
development.
He continued that the Planning Commission recommended approval of the
development if the following items could be resolved:
1. The City should support
a "planned development"
The County plan implied
urbanize while the City
suburban residential as
conflicts, the proposed
more appropriate than a
the requested rezoning which would enable
rather than conventional subdivisions.
that the subject property might eventually
plan suggested either agricultural or
the ultimate use. Despite general plan
zoning and planned development appeared
Lternative conventional rural type subdivision.
2. The proponents of the development claim that the private liquid
waste systems were designed to exceed State Water Quality Control
Board standards and that the City's concern that "sewer service
would ultimately be required" was unjustified. The adequacy of the
City Council Minutes
November 18, 1974
Page 12
proposed system should be reviewed by both the County Health
Department and the State Water Quality Control Board, and the
City should receive assurance, based on evaluation of technical
information, that no public sewer service would be required for
this development in the future.
3. The planned development circulation system should be modified
to provide at least one public street alignment crossing the
property, and a potential secondary loop of private streets
rather than the present excessive cul -de -sac access pattern.
Staff recommended that the City request these three concerns be considered as
additional conditions of the approval by the County Planning Commission and
County Board of Supervisors.
Andrew Merriam, architect for the developer, presented sketches for the
proposed development and spoke at length on the safeguards that he had
placed in this development to protect the environment of the area. He
asked that the City Council withdraw any opposition the City might have
to the County approving this subdivision.
Mayor Schwartz and Councilman Gurnee both commented that this development
could be approved provided that the City would not be required to furnish
sewer service to this development at any time in the future.
On motion of Councilman Gurnee, seconded by Councilman Brown that the
City Council endorse the development with the conditions established by
the Planning Commission, plus the fact that the City was not expected to
serve water and sewer to the development, with the City to notify the
State Water Quality Control Board of the City's action. Motion carried.
10. Memorandum from John L. Kellerman, Chief Building Inspector,
regarding the past practice of the Building Department in permitting
the conversion of existing single family structures to professional
offices had been to require the structure to conform to all requirements
of the Building Code as it applied to the converted occupancy classification.
This policy over the years had worked economic and practical hardship on
persons wishing to open businesses in existing residential structures.
In many instances, this requirement caused abandonment of plans or con-
version without proper permits including zoning.
To overcome this problem he requested Council approval to use the most
liberal application of the exception to Section 502 of the Uniform Building
Code in converting existing single family structures to professional offices.
Using this approach, the City could also retain the character of a structure
where it may have some historical significance. He wished to emphasize
that this amendment to existing policy would apply only to professipnal
office uses. All other ordinances and regulations would be complied with.
The City Council discussed the proposal of the Chief Building Inspector
and had no objection to his interpretation of Section 502 and exceptions
thereto of the Uniform Building Code.
11. Communication from Mrs. Pat Barlow, Chairwoman, Human Relations
Commission, notifying the City Council that clerical help was necessary
to assist the efficient functioning of the Human Relations Commission
Coordinator and the work of the commissioners. She stated that the City
staff had been most cooperative and helpful in helping the Human Relations
Commission with their typing and clerical work, but that the workload was
increasing to the point that they could not support the Human Relations Com-
mission in the manner in which they should.
She reported that the present coordinator had researched different types
of education work training programs through which a woman could , be obtained
without depleting the budget of the Human Relations Commission and could
also assist in preparing a person for the job market. The program she
referred to was the WIN program, which would fit their criteria, and also
would help the Human Relations Commission.
City Council Minutes
November 18, 1974
Page 13
She asked that the City Council approve a proposal for an application
to the work experience program for clerical help and training.
A.J. Shaw, City Attorney, stated that the HRC in asking Council approval
of a contract through the WIN program for the hiring of a person to perform
clerical tasks for the HRC and the Coordinator, approval should be given
by a formal resolution of the Council and further the resolution should
specifically provide whether or not the hiring of said person was in any
way intended to give said person an advantage in the selection process if
the City should eventually provide a full -time City employee as clerical
help for the Human Relations Commission.
On motion of Councilman Norris, seconded by Councilman Graham the following
resolution was introduced: Resolution No. 2686, a resolution of the Council
of the City of San Luis Obispo expressing the City's willingness to partici-
page in the WIN program.
Passed and adopted on the following roll call vote:
AYES: Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz
NOES: None
ABSENT: None
For the Council's consideration, Mayor Schwartz submitted a letter just
received from William Greenelsh resigning his position as Social Services
Coordinator to the Human Relations Commission.
12. Wayne Peterson, Assistant City Engineer, submitted the following
recommendation of the Mass Transportation Committee for the Council's
consideration and approval.
1. That the City be allowed to experiment with the system by
selling one -day unlimited ride passes for .50� each.
2. That the staff be directed to post schedules at all bus
stops where hairpin signs were in use. The estimated cost
for this proposal was $600 plus street department time for
installation. This estimate was based on the installation
of 35 signs.
The City Council discussed the recommendation of the Mass Transportation
Committee and also reviewed the minutes of the Mass Transportation Committee
meeting of October 31, 1974 at which time these recommendations were con-
sidered.
On motion of Councilman Norris, seconded by Mayor Schwartz the City Council
adopted and approved the recommendations of the Mass Transportation Committee.
Motion carried.
13. Recommendation of the City Administrative Officer on methods of
implementing provisions of the Fair Labor Standards Act for non - exempt,
sworn Fire and Police personnel effective January 1, 1975 if said act was
judged to apply to City personnel. It would be the proposal that the City
Council set up a public discussion for the December 2, 1974 meeting to
publicly discuss the proposal and that the City staff, City Attorney, City
Clerk, Administrative Officer would be willing to meet at any time with
' Police and Fire representatives prior to said public discussion.
On motion of Councilman Brown, seconded by Councilman Graham the City
Council accepted the recommendation of the City staff and that the
negotiating team meet with representatives of the Police and Fire
Associations and that a public discussion on the Fair Labor Standards
Act be held on December 2, 1974.
14. The matter of new legislation for licensing of bicycles through
the provisions of Assembly Bill 3329 was continued for report by City staff.
City Council Minutes
November 18, 1974
Page 14
15. Memorandum from Robert Strong, Planning Director, regarding the
former County maintenance Yard property on Santa Barbara Avenue being
surplused to the needs of the County and offering said property to the City
for purchase.
It was the staff's recommendation.that the City not purchase the property,
but that the County be.notified of the possible future street widening
that the relocation or demolition of the front building should be done
prior to the sale of the property and further that the County notify a
prospective purchaser that repair, alteration, or remodeling for occupancy
of the building would require Architectural Review Commission approval prior
to the issuance of any building permit.
On motion of Mayor Schwartz, seconded by Councilman Graham the City
accepted the recommendation of the staff and that the County so be notified.
Motion carried.
On motion of Councilman Gurnee, seconded by Councilman Brown consent
items C -1 through C -18 were approved as follows.
C -1 Claims against the City of San Luis Obispo were authorized
payment subject to approval by the Administrative Officer.
C -2 The City Council minutes of September 10, 1-974 and October 28,
1974 were approved with corrections to page 4, item C -2 of the October 28,
1974 minutes.
C -3 The request from Linnea Phillips for permission to use Mission
Plaza on December 7 $ 8, 1974 from 10 a.m. to 4:30 p.m. for the annual
"Old Fashioned Christmas" was approved.
C -4 Report from staff regarding requested rate increase for taxi '
cabs was set for public hearing.
C -5 On motion of Councilman Gurnee, seconded by Councilman Brown
the following resolution was introduced: Resolution No. 2687 (1974 Series),
a resolution increasing the 1974/75 budget (Account No. 55 -50- 6453 -000
increased by $62.90 to cover costs for purchase of mobile radio for water
department).
Passed and adopted on the following roll call vote:
AYES: Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz
NOES: None
ABSENT: None
C -6 Request from Stewart Williams, Central California Australian
Shepherd Fanciers, for permission to use a public address system -at Santa
Rosa Park on December 8, 1974 between 8 a.m. and 5 p.m. was approved subject
to control of public address system.
C -7 Recommendation from the Promotional Coordinating Committee to
grant funds to: 1) Mozart Festival Association, 5,000, and 2) Downtown
Association, $250 was approved.
C -8 Memorandum from the City Attorney regarding Fair Labor Standards
Act as applied to lunch hours for on -duty police officers was received
and filed.
C -9 Memorandum from Underground Utilities Coordinating Committee
regarding Underground Utility District No. 8 was acknowledged and staff
directed to proceed.
C -10 Communication from San Luis Garbage Company requesting list of
business licenses issued by the City of San Luis Obispo was approved
subject to payment of actual costs incurred.
City Council Minutes
November 18, 1974
Page 15
C -11 Memorandum from William E. Flory, Director of Parks $ Recreation,
regarding PGA Golf Pro Recommendation (continued from 8/19/74) was approved
per recommendation.
C -12 Memorandum from Chief L. M. Schlobohm regarding Fire Safety
Booklet (request for publication and distribution) was approved.
C -13 This item was dropped from the agenda.
C -14 The following salary step increases were approved effective
December 1, 1974:
Bradd D. Hopkins - Fireman
From Step 2 or $886 to Step 3 or $934
Gary D. Orback - Police Officer
From Step 1 or $898 to Step 2 or $946
Wayne A. Peterson - Assistant Director Public Works
From Step 3 or $1,460 to Step 4 or $1,544
C -15 Administrative Officer made the following announcement of
appointment:
Jean S. Milhorn, Account Clerk 1 at Step 1 or $574,
effective 11/13/74 subject to a one -year probationary
period
C -16 Claim against the City of San Luis Obispo by Mrs. Arthur King,
194 Lincoln, for damage done to pipes while contractor working on City
project was denied and referred to the insurance carrier.
C -17 " Claim against the City of San Luis Obispo by Los Earl Horsley
was denied and referred to the insurance carrier.
C -18 Council authorization to order fittings for Cross Town Feeder
Project from Parkson, due to inability of U.S. Pipe and Foundry to meet
delivery schedule was granted.
------------------------------------------------------------------------
B-1 The City Clerk reported on the following bids received for ONE
ROTARY MOWER. Bids opened November 13, 1974 at 10 a.m.
H.V. CARTER CO., INC. $2,827.00
1700 E. 14th Street
Oakland, CA
TORO PACIFIC DISTRIBUTING $4,210.00
16212 S. Broadway
Gardena, CA
TURF VAC SALES CO. $4,500.00
Long Beach, CA
B. HAYMAN CO., INC. NO BID
9525 Sorensen Avenue
Santa Fe Springs, CA
EXCEL INDUSTRIES, INC. $5,095.00
P.O. Box 385
Hesston, KS
DEVIATIONS
H.V. CARTER CO., INC.
Proposed to furnish the HECKENDORN Riding Rotary Mower, 72" model equipped
with 16 HP Engine and Electric Starter. Immediate delivery available from
Oakland while supply lasts.
City Council Minutes
November 18, 1974
Page 16
DEVIATIONS (continued)
TORO PACIFIC DISTRIBUTING
Toro "Groundsmaster 72 ", Model 30774. Engine - Continental, 4 cylinder,
water - cooled, 19.8 HP @ 3,450 RPM, Electric Start, 12v. Transmission -
infinitely variable hydrostatic. All hydraulic drive. Cut - 70 -1/2" wide,
1 -1/2" to 6" in 3/4" increments. Cutter - 11 gauge steel. (3) s5" blades
with suction lift. Seat - High back, replaceable foam seat and back
cusions, 5" foe -aft adjustment. Cutter spindles - 1" diameter shafts
turning on two externally sealed greasable ball bearings.
TURF VAC SALES CO.
No deviations.
B. HAYMAN CO., INC.
No deviations.
EXCEL INDUSTRIES, INC.
Delivery date - fifteen days after receipt of order.
It was recommended by staff that the second low bid of Toro Pacific
Distributing in the amount of $4,210 plus tax be accepted since the low
bid did not meet specifications and would not serve the purpose.
On motion of Councilman Brown, seconded by Councilman Graham that the
second low bid of Toro Pacific Distributing in the amount of $4,210 plus
tax be accepted. Motion carried.
B -2 The City Clerk reported on the following bids received for
HIGH VELOCITY SEWER CLEANING MACHINE AND ENGINE ANALYZER. Bids opened
Wednesday, October 30, 1974 at 10 a.m.
AUTOSCAN, INC.
Los Angeles, CA
DEARTH MACHINERY CO.
Baldwin Park, CA
FMC CORPORATION
San Jose, CA
SOUTHWEST FLEXIBLE CO.
Whittier, CA
i�j�g / :Mll[II�y
DEARTH MACHINERY CO.
SEWER CLEANING MACHINE ENGINE ANALYZER
NO BID $4,405.68
TRUCK: GMC 6000
1) Wheel Base - 149"
2) C.A. - 84"
3) BBC - 97"
4) R. Springs - 11,400 each
5) F. Springs - 4,500 each
6) Engine CID - 350 V8
7) Alternator - 42 AMP
8) Battery - 61 AMP
9) 6 tires $ wheels
10) Mirror - 7" x 16"
$25,918.00 NO BID
$20,506.25 NO BID
$20,779.00 NO BID
MYERS MHV- 6 -ISL5 -1500 Gallon Sewer Cleaner
1) Air Gap - Float valve not required.
2) 1450 usable gallons.
3) Tank designed to be used with spray
chemicals.
4) 263 CID 6 cyl. engine.
5) 1600 PSI pump.
6) Heat treated nozzles & nozzles extension.
TERMS: Net 20 days. Delivery 30 to 45 days ARO. Offer good for 30 days.
Extension requires factory approval. Delivery 30 to 45 days except
when delivery is delayed by fire, strike, freight embargo, Act of
God or Government action.
1
1
1
City Council Minutes
November 18, 1974
Page 17
FMC CORPORATION (Deviations)
Standard Ford F -600 meeting all requirements with exception that.BBC was 107.5"
rather than 97.5 ". Interior covered with epoxy coating. Unit will include
fill system incorporating an air gap arrangement but less float value. Tank
will have.a.leak -proof lid of.adequate diameter to permit access of normal
size man. Hydraulic pump drive will have adequate capacity to retrieve the
hose from a fully extended position. It has a rating of S GPM at 1500 PSI.
Hose will.be supplied in two lengths, one 500' and one 100' for the total of
600'. Delivery 120 days ARO.
SOUTHWEST FLEXIBLE COMPANY (Deviations)
TANK - Epoxy 3 coats (Bitumastic coated) for flexibility and protection.
Top hatch (entire top removable for safer & easy entrance for
inspection).
PUMP - Tri.Plex - *(Quintiplex - 5 piston) for smoother operation and
longer pump life.
Estimated delivery 90 days after delivery of truck to our factory.
• Quintiplex 5 plunge - pump, positive displacement
• If triplex pump mandatory, add $400 to bid
Truck to meet the 24,000.GVW.specifications. *We will furnish 900 x 20 x 12
ply tires and 4500 front springs and 11,500 rear springs - 366 V8 engine.
* Tires would be an additional cost of $208.
It was recommended by staff that the second low bid of Southwest Flexible
Company-in the amount of $20,779 be accepted as it met all City specifi-
cations. And that the bid of Autoscan,
be accepted.
On motion of Councilman Brown, seconded
low bid of Southwest Flexible.Company.i
for the sewer cleaning machine, and the
of $4,405.68 for the engine analyzer be
Inc. for the engine analyzer also
by Councilman Graham that the second
1 the amount of $20,779 be accepted
bid of Autoscan, Inc. in the amount
accepted. Motion carried.
On motion.of Councilman Brown, seconded by Councilman Graham the following
resolution was -introduced: Resolution No: 2688 -(7974 Series),- a resolution
increasing the 1974 %75 budget. (Account No. 50 46-7052-000 by $4,246.22.)
Passed and adopted on the following roll call vote:
AYES: Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz
NOES: None
ABSENT: None
On motion of Councilman Brown, seconded by Councilman Graham the meeting
adjourned.
APPROVED: February 18, 1975
. F' patrick, City Clerk