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HomeMy WebLinkAbout06/19/19614. The maintenance contract with Author Blackwell for the Fire Department alarm system was ordered dropped by the City Council. Meeting adjourned on motion of Councilman Miller, seconded by Councilman Graves at 11:00 A. M. tApproved this 3rd- day of July, 1961. Ci lerk CITY COUNCIL MEETING June 19, 1961 - -- 7:30 P. M. CITY HALL Invocation was given by Reverund Klandrud of the Mount Carmel Lutheran Church. ROLL CALL: Present - Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson. Absent - None Claims against the City for the month of June, 1961, were approved on motion of Councilman Miller, seconded by Councilwoman McNeil, subject to the approval of the Administrative Officer. ' 1. RESOLUTION NO. 799 1961 Series "A Resolution Increasing the Budget for ( ). g the Fiscal Year 1960 -61," was -passed and adopted on motion of Councilman Shipsey, seconded by Councilman Miller, on the following roll call vote: AYES: Miss,Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson. NOES: :None ABSENT: None 2. Richard D. Miller, Administrative Officer, announced the appointment of Carla A. Pyles as stenographer-in the Clerk's Office effective June 16, 1961, at $280 per month. 3. At this time the City Council considered the final passage of ORDINANCE NO. 190 (1961 Series), "An Ordinance Adopting the Uniform.Plumbing Code 1958 Edition." A) The City Clerk read the following letter from the Building Contractor's Association: "The Board of Directors of the San Luis Obispo County Build- ing Contractors Association, in the interest of assuring prompt passage of the adoption of the Uniform Plumbing Code, 1968 Edition,-and in light of the recent objection raised to the code as proposed regarding Section 8200.3 of the Municipal Code amending section 1.10 of the Plumbing Code, suggest that the following wording be used in this section; ' Section 1.10 - To Whom Permits May Be Issued (a) No permit shall be issued to any person to do, or cause to be done any plumbing or drainage work regulated by this code except to a person holding a valid, unexpired and unrevoked California State Plumbing Contractors license, except as hereinafter provided in this section. (b) Any permit required by this code may-be issued to any person to do any plumbing or drainage work regulated by this code in a single family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection therewith, in the event that any such person is the bonafide owner of any such dwelling and accessory buildings and quarters, and that same are occupied by or designed for occupancy by said owner, pro- vided that the said owner shall personally purchace all material and perform all labor in connection therewith. (d) Any permit required by this code shall be issued to any person to do any plumbing or drainage work regulated-by this code, in any building, pro- vided that the person is the holder of a valid, unexpired and unrevoked California State General Contractors (B -1) License, and provided that the work is performed in accordance with the terms and regulations governing allowable work to be performed by such licensees, as set forth by the California State Contractors License Laws. , ' It is the feeling of this Board that the above changes will meet with the approval of the majority of interested parties and we once again urge the prompt adoption of the Uniform Plumbing Code." B) The City Clerk read the following letter from Paul Jones, Representative of the San Luis Obispo Plumbers' Association and President of the San Luis Obispo Building Trades Council: "As a'representative of 234 Plumbers and Steamfitters of the city and county of San Luis Obispo and president of the San Luis Obispo County Building Trades of approximately 2,000 members, I as well as the people represented have become quite concerned about the present status of the proposed Plumbing Code. "You will recall that when the Uniform Plumbing Code was first proposed by the Department of Planning and Building, the principle deletion was that section requiring any person doing plumbing work other than on his own residence be required to qualify himself and possess a city plumbing license. "We were willing to accept this proposed code even with the deletion of this most important section, because we felt that an attempt to include this section may cause misunderstanding and delay in the adoption of the code so vitally needed by the people of San Luis Obispo. "The Uniform Plumbing Code as originally proposed by the Department of Plan- ning and Building, provides that the home owner can build, from the ground ' up, his own residence to be occupied by himself and family,and that he be permitted to do all maintenance on his home. This provision assuring these rights to the home owner unfortunately have been grossly misconstrued, and has caused considerable misunderstanding and-concern to the citizenry. Please allow me to repeat, there is nothing in the proposed code as origi- nally proposed by the Department-of Planning and Building to restrict or deny any home owner from building and maintaining his own home. "We believe the people of San Luis Obispo deserve the same protection as regards their?pnblic health and safety as provided by other cities of the State of California, we do not believe that our citizens are less important. We believe our City Council would be.remiss in their duties if they do not provide this protection. "On behalf of the organizations represented as stated above, we respect- fully urge the Council to adopt the Uniform Plumbing Code as originally presented to them by the Department of Planning and Building, and as endorsed by the San Luis Obispo Contractors Association in their letter of May 5, 1961, and read to the Council May 15, 1961." C) The City Clerk read the following letter from J. W. Abraham, Director of the Planning and Building Department: "Attached is a copy of a proposed amendment to the ordinance adopting the Uniform Plumbing Code. This amend- ment is along the lines discussed by Mr. Donald Q. Miller, Mr. R. L. Graves, ' Mr. Paul Jones (plumber's business agent), Mr. Hinkley and myself, during a meeting held on June 13, 1961. It was agreed at this meeting that a-proposal of this nature should be prepared for the Council's consideration at the next regular meeting. "Even though I do not agree with the effect this amendment may have, I would recommend it be approved in order to expedite the passage of the Plumbing Code. "My main consideration with any building construction regulations is one of safety and the ability to enforce the regulations. The amended pro- posal would allow anyone owning a rental unit or units, motel, apartments or hotel, to install a water heater in any unit providing they own the unit, and the only work done .is the actual replacement of the water heater without distrubing any portion.of the plumbing system. "My main.objection to the proposal is that it proposes to qualify a person according to his ability to own property and not his ability as a plumber. "I have absolutely no objection to a person installing any plumbing within his own dwelling, in which he either lives or proposes to live, providing the necessary permits are taken and inspections made on the work. "The home owner building, remodeling or adding to his own home and doing his own work has always been, and probably always will be, the most time consuming process of the Building Inspection Department. It is not possible to charge permit fees to off -set the time consumed in these consultations with the home owner. However., I believe it is necessary to give the additional time to a home owner working on his own home to insure as much as possible that the safety.of the family is preserved. "The bulk of inspections being done on buildings by this Department is largely based on the skill of the person making the installation and his knowledge of the particular trade involved. We must, to some extent, rely on State examinations and licenses issued to specialty contractors by the State, and the fact that there is a continual training program for journeymen and apprentices in most of these repective trades. The bulk of our inspections are made after the work has been completed, which means that, with an in- dividual having a knowledge of the dangers involved in the installation of plumbing and electrical work, we are fairly sure that the necessary safe- guards will be adhered to. When you remove the skill and knowledge of the individual, it will then become necessary to rely completely on the skill and knowledge of the individual inspector. In effect, he is no longer an in= Spector but a foreman on the job directing the methods and materials to be used. ' I do not believe this Department should be expected to perform this type of service. "I have just received a copy of a letter to the City Council from the Build- ing Contractor's Association. I cannot recommend any part of this proposal for adoption. Their items A and B are exactly as proposed under the first draft considered by the City Council. This requires that all work under the Plumbing Code shall -be done by a State licensed plumbing contractor, except in the single- family.dwelling occupied by an owner or being constructed to be occupied by an owner,..in which case the owner may be issued a permit to do,this work. . "Paragraph C of this recommendation would allow any person to replace or repair any plumbing fixture or fitting that is not sealed within a wall -in-any building that he owned. It also provides that they must personally perform all labor and purchase all - materials. This last part is useless in any ordinance because we have no way of enforcing it when it is used to-the extent proposed here. The only reason for including this phrase under paragraph B of my recommendation is so that we may hold the home owner himself responsible for the work done in his home. "Paragraph D of this proposal would allow any general contractor to be issued a permit to install any plumbing or drainage work under-the Plumbing Code. Even though the general contractor may take contracts involving three or more trades under the State Act, and even though they may include a plumb- ' ing job, this does not mean, in my opinion, that the general contractor necessarily has sufficient knowledge to do plumbing work.:: "If the Council chooses to adopt the proposal as presented by'the Building Contractor's Association, I would recommend that an examination procedure be-set up to determine the qualifications of any applicant." . Mr. Paul. Jones, Representative of the Plumbers' Association, objected to the recommendation of the Building Contractors' Association`s letter, Section D, 0 which would allow general contractors to do plumbing in addition to general contracting, and would require the City Council to decide jurisdiction bdtween plumbers and general contrators. Mr. J. Dan O'Donnell, Sec. -Mgr. of the Building Contractors' Association, stated that the contractors are not trying to take away the rights of the plumbers, but were trying to get an adequate comprehensive plumbing code adopted for the protection of the citizens of San Luis Obispo. Mr_ti O'Donnell stated that the reason that Paragraph C was recommended as an addition to the Code, was to allow property owners to make replacements, additions, and repairs to their own property. Under Paragraph D, Mr. O'Donnell stated that this is similar to the present State law allowing B -1 General Contractors to do or superintend one or more crafts in the building trades on the matter of moving sinks, fitting plumbing, etc. Mr. Easter asked if, under the proposed Code property owners would be prohibited from doing work on their own plumbing. Mr. Houser, City Attorney, stated no, the property owner could do work on his own single family dwelling under the proposed code. ' Mr. Easter objected to the prohibition'of property owners not being able to do the necessary repairs and replacements on any property they own, whether lived in or rented by them. W. Smee urged that the City Council not allow general contractors to do plumbing work unless they hold a valid plumbers contractors license. Paul Jones urged that the City'Council adopt the Uniform Plumbing Code in its entirety, with no changes or deletions, as this code has proven itself throughout the western states for the protection of.the health and safety of the citizens of the community. Mr. Jones further stated that the members of his union and craft were citi- zens of the community and would never do anything against the community in preference to their craft and union, as they are citizens first and union men second. Mr. Downes stated he was a qualified licensed plumber and believed that the Council should adopt the Plumbing Code in its entirety for the protection of the residents of the community. Mr. O'Donnell stated that in the recommendation of the Building Contractors' Association, they are only asking the City Council to grant to the general building contractors the same privilege they now enjoy under the State Contractors' Law, and he was sure that if this were allowed, there would be more compliance with the Plumbing Code. Paul Jones stated that his organization believes in the right of the home owner to make any repairs to his own plumbing, but they do not believe that the contractors' laws allow a general contractor (B -1) to do plumbing or other specialty contracting without first obtaining a specialty contractors' license from the City. Mr. Bill Spurlock stated that he was a general contractor holding a B -1 license and that under the B -1 classification, he could contract for all specialty contractors under State law, but only in two or more crafts, but he cannot contract for one specialty craft only. Mr. Downes again urged the City to adopt the Uniform Plumbing Code and sug- gested that the City should have a qualified plumber on its inspection staff and further, should check into the qualifications of plumbers doing work in the City. Mr. Smee asked the City Council why this City thought they were different than other communities and wished to amend this code, when innumerable cities have adopted this code and used it without amendments for the good of the people residing therein. 1 1 1 Councilman Miller stated that he was the member of the City Council who originally urged the City to adopt a Uniform Plumbing Code, and he still believes that a good code should be adopted. But he also questioned the provisions of the Code that does not allow a property owner to connect or change any plumbing in property he owns but does not reside in. For ex- ample, hot water heaters, swing spouts, etc. Mr. Miller then reported on the studies made by himself and Councilman Graves for amendment to the Code as presented by Mr. Abraham, and he be- lieves that this is a fair compromise to satisfy residents of the Community. 'Following is his amendment as presented: "SECTION 8200.3. Section 1.10 of the Plumbing Code is hereby amended to read as follows: "SECTION 1.10 - TO WHOM PERMITS MAY BE ISSUED. (a) No permit shall be issued to any person to do or cause to be done any plumbing, drainage or sewage work regulated by this Plumbing Code, except to a person holding a valid unexpired and unrevoked State of California Plumbing Contractors License, except when and as otherwise provided in this Chapter. All plumbing, drainage or sewage work within the City shall be performed by or under the supervision of a State licensed Plumbing or Sewage Contractor, except as herein provided. AMENDMENT TO ORDINANCE NO. 190 (1961- Series) passed to print on motion of Councilman Miller, seconded by Councilman Graves, on the following roll call vote: AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson. NOES: None ABSENT: None Councilman Graves stated that the code should be passed for the safety of the people of San Luis Obispo, and he did not care whether it was done by plumbing contractors or anybody as long as they were qualified and further recommended that an examination procedure be established so that anyone could be authorized to take an examination to qualify to install plumbing, etc: Further, that the examination procedure be established under the Building Department with the cost borne by the examinee. Mayor Davidson suggested that the discussion on the examination procedure be held over for further -study and appointment of a council committee. 4. At this time the City Council considered final passage of ORDINANCE NO. 193 (1961 Series), "An Ordinance Amending Ordinance No. 186 by Removing Limited Parking Restrictions on Santa Rosa Street." (b) Any permit required by this Plumbing Code may be issued to.-.-any person to do any plumbing or drainage work regulated by this Plumbing Code in a single family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such buildings, in the event that any such person is the bona -fide owner of any such dwell- ing and accessory buildings and quarters, and that the same are occupied by or designed to be occupied by said owner, provided, that said owner shall personally purchase all material and shall personally perform all labor in connection therewith. (c) A permit may be issued to any person to replace any water heater that has-become defective,-providing such replacement is installed in the same location as-was the -defective water heater and does not require any changes or additions to the gas or water piping'systems, in any dwelling unit used exclusively for living purposes, including the usual accessory buildings and quarters in connection with'such buildings and further providing that any such person is the bona -fide owner of any such swelling and accessory buildings and quarters, and that said owner shall personally purchase all material and shall personally perform all labor in connection therewith." AMENDMENT TO ORDINANCE NO. 190 (1961- Series) passed to print on motion of Councilman Miller, seconded by Councilman Graves, on the following roll call vote: AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson. NOES: None ABSENT: None Councilman Graves stated that the code should be passed for the safety of the people of San Luis Obispo, and he did not care whether it was done by plumbing contractors or anybody as long as they were qualified and further recommended that an examination procedure be established so that anyone could be authorized to take an examination to qualify to install plumbing, etc: Further, that the examination procedure be established under the Building Department with the cost borne by the examinee. Mayor Davidson suggested that the discussion on the examination procedure be held over for further -study and appointment of a council committee. 4. At this time the City Council considered final passage of ORDINANCE NO. 193 (1961 Series), "An Ordinance Amending Ordinance No. 186 by Removing Limited Parking Restrictions on Santa Rosa Street." Mr. Romero, City Engineer, presented traffic counts on Santa Rosa Street for June 13, 1961. Tnese studies showed the various peaks, which indicated no need for restricted parking on Santa Rosa Street at this time. On motion of Councilman Graves, seconded by Councilman Miller, Ordinance No. 193 was finally passed on the following roll call vote: AYES: Miss Margaret M. McNeil, R. L. Graves; Jr.., Doanld Q. Miller, Clay P. Davidson. NOES: Gera-ld.W. Shipsey. ABSENT: None 5. At this time the City Council considered the proposal of the Boy Scouts of the Santa Lucia Council to lease City property in Lopez Canyon for Scout camp. The City Clerk read a letter of the Park and Recreation Commis- sion recommending that the lease be granted to the Boy Scouts subject to various conditions. The City Clerk read a memorandum from William Houser, City Attorney, out- lining various problems and suggested conditions to be included in the lease to the Boy Scouts of America. Mr. McIntosh appeared before the City Council on behalf of the request of the Boy Scouts of America to lease City -owned property in the Lopez Canyon area. Mr. McIntosh presented to the City Coun cil the proposed improve- ments to be made to the property, if leased, and the developments that will take place during the lease. Councilman Shipsey stated he thought this was a good proposalFfor use of the land and urged that some sort of lease be worked out with the Boy Scouts. Councilmen Graves and Miller agreed with Mr. Shipsey stating that this was a good proposal for the use of the land by the youth of our Community. The City Council discussed the proposal, and Mayor Davidson appointed Councilmen Shipsey and Miller to meet with Boy Scout representatives to work up a lease for consideration by the City Council. Mr. Paul Jones, representative:.of the Plumbers' Union and president of the ' County Building Trades Council, appeared before the City Council stating that his organization approved the request of the Boy Scouts and offered the facilities of his organization to help accomplish the lease and offered labor for the development of facilities. 7. Mr. Miller, Administrative Officer, presented for the Council's consideration an amendment to the supplemental agreement for construction and operation of the Whale Rock Project, requesting that the Mayor be authorized to-sign the agreement on behalf of the City. RESOLUTION NO. 815 (1961 Series) was passed and adopted on motion of Councilman Graves, seconded by Councilman Shipsey, on' -the following roll call vote: AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson. NOES: None ABSENT: None A) Mr. Miller, Administrative Officer, read a report from James F. Wright, Chief Deputy Director from the Department of Water Resources, regarding present operation of the Whale Rock Project-after June 30, 1961, and the period to November 1, 1961, when the Whale Rock Commission will take over the opera- tion of the project. 8. Communication from the House and Home Finance Agency notifying the City that their application for advance funds to prepare plans for a sewage treatment plant has been received and is being processed. Communication received and filed. 9. Communication from the Water Pollution Control Board, dated June 12, 1961, listing ratings of priority for Federal Construction Grants for the year 1961 -62 -under P. L. 84 -660. Ordered received and filed. 10. At this time the City Council discussed the work of the Traffic Advisory Board and its possible retention as an advisory group to the City Council. It was moved by Councilman Graves, and seconded by Councilman Shipsey, that the present membership of the Board be reappointed for one more year to June 30, 1962. 11. TRAFFIC COMMITTEE REPORT of June 6, 1961. 61 -6 -14T "The Traffic Committee has taken a look at the turning radius at the northeast corner of Santa Rosa and Mill Streets and feels that it should be reconstructed to provide for easier turning movements. If the Council has no objection, the city engineer will take steps to have this ' doen," No objections on motion of Councilman Miller, seconded by Councilwoman McNeil. 61 -6 -15T "The Committee has observed on North Broad near Serrano Drive and jection, the engineer will take steps They are located on the southwest and and the southeast and northeast come a right -of -way encroachment on the we the Jacobson property in the form of several obstructions to visibility Murray. If the Council has no ob- to have these obstructions eliminated. northwest corners of Broad and Serrano s of Broad and Murray. There is also t side of Broad and Murray entering :large overhanging tree." No objections on motion of Councilman Graves, seaonded by Councilman Miller. 61 -6 -16T "A hazardous traffic condition has been called to our attention in front of the Hawthorne Market on Broad Street at Branch. The street is quite narrow at this location and it is difficult for motorists driving east on Branch to make a right hand turn onto Broad without crossing the center- line if cars are parked at the curb. It is recommended that this condition be improved by marking the curbing red on the west side of Broad and ex- tending in a southerly direction along Broad from the corner of Branch for approximately two car spaces to the'first.driveway ramp. This would have to be cleared with the Division of Highways before becoming effective." RESOLUTION NO. 814 (1961 Series), .'•'-A Resolution Establishing a 'No"ItParking' Zone on Broad Street" was passed and adopted on motion of Councilman Graves, seconded by Councilwoman McNeil, on the following roll call vote: AYES: Miss Margaret M. McNeil, R.L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson. NOES: None ABSENT: None 13. Councilman Donald Q. Miller reported for the Council Committee of Miss McNeil and himselfron'suggested amendments to the Animal Control Ordinance, in- cluding boarding and redemption fees. Donald Q. Miller reported that after study, the council committee recommended that the redemption fee be raised to $2 and that the board flees be raised to $1.25 per day, and that dogs be kept for a minimum of five days. He also stated that the Woods Animal Shelter will comply with the City Ordinance with the present contract rate, but if the City Council decides on additional patrol, they reserve the right to appear before the Council and negotiate additional funds for this work. Mr. Schneider of Wood's Animal Shelter said that probably a sliding scale should be used with $2 for the first time a dog is picked up, and higher rates for subsequent pickups. Mr. Houser,.City Attorney, Brought to the Council's attention various provisions of the present ordinance such as posting of picked up dogs at Mr. Miller suggested that the Woods Animal Shelter be allowed some recourse to allow for perennial violators who do not take care of their dogs. On motion of Councilman Miller, seconded by Councilman Graves; an ordinance was introduced incorporating the recommendations of the Council Committee. ' Councilman Shipsey asked if a $2 redemption fee was high enough for the work involved. Mr. Schneider of Wood's Animal Shelter said that probably a sliding scale should be used with $2 for the first time a dog is picked up, and higher rates for subsequent pickups. Mr. Houser,.City Attorney, Brought to the Council's attention various provisions of the present ordinance such as posting of picked up dogs at the City Hall, etc., and suggested that some of these•provisions be repealed as -they are impractical. The City Council discussed various.points brought out relative to dog control, including the $2 redemption fee for the first time a dog is picked up in a calendar year, and $4 for the second and each subsequent pickup in a calendar year. Richard D. Miller, Administrative Officer, suggested that the City Attorney prepare an ordinance for the Council•'s consideration at the next meeting. Councilman Miller and Graves withdrew their motion and their second. 14. Communication from E. P. Thompson, Water Superintendent, bringing to the City Council's attention the matter of water production and transmission: within the City of San Luis Obispo, and the necessity in the near future of constructing a new filtration plant,, also requesting permission to request a proposal from Paul Adamson, Consulting Engineer, to make a study for sight- selection, sizes of plant, etc. Mr. Miller, Administrative Officer, recommended that the City get a proposal from Paul Adamson to make this study. Request approved on motion of Council- man Shipsey, seconded by Councilman Graves. 15. Request of Ray C. Skinner Companies for release of subdivision bonds on Tracts 169 and 207 were carried over to the next meeting on recommendation of David F. Romero, City Engineer. 16. Communication from the Shoreline Planning Association requesting financial support from the City of San Luis Obispo to -carry on their work. On motion of Councilman Miller, seconded by Councilman Shipsey; $25 was contributed to the Shoreline Planning Commission.' 17. Claim of Fenwick Truebridge for damage to his automobile when,a loose sewer manhole cover flipped up and damaged his car was ordered referred to the City's insurance carrier. 18. Communication from C. A. Maino bringing to the Council's attention his former protest of allowing public utilities companies to place their services I in the public sidewalk area, and then holding the owner responsible for sidewalk repair, was ordered referred to the City Engineer... 19. Communication from the Pastor of the Grace Tabernacle Church requesting that two or three parking spaces be marked for Church use only on Osos Street between Pacific and Pismo Streets, and requesting that a green zone be placed in front of the apartment building at 1042 Pacific Street, was referred to the Traffic Committee. 20. Councilman Donald Q. Miller requested that the matter of the water extension for S. Kelley at the corner of Flora and Sydney Street be presented to the City Council for discussion. Mr. Thompson explained that the length of the existing pipeline.-in Flora Street did not equal the length of Kelley's property frontage on Flora Street and that according to the Municipal Code, a main extension must be extended a distance equal to the length of the frontage of the parcel'to be served. He recommended Kelley pay for his prorated share of the cost of the existing pipe plus his prorated share of the of extending the existing pipe across the full frontage of Kelley's property. 21. Communication from the State Department of Water - Resources notifying the City of San Luis Obispo and the Cayucas Water Associations that the project owners' representative will not be Mr. Kenneth G. Wilkes. ' A) Mr. Miller, Administrative Officer, read a report to the City Council prepared by James F. Wright, Chief Deputy Director, Department of Water Resources, State of California, on action taken by the Department of Water Resources in supplying the down = stream users with water to date and future plans to continue the same. The report listed volumes of water available from the reservoir, volumes of water required by the down stream users, and estimated maximum storage capacity in the lower old creek basin. Received and filed.