Loading...
HomeMy WebLinkAbout06/02/1975MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, JUNE 2, 1975 - 7 p.m. COUNCIL CHAMBERS, CITY HALL Pledge _ Roll Call _ ..PRESENT: Myron Graham,.T..Keith Gurnee, Jesse Norris, Steven Petterson and Mayor Kenneth E.'Schwartz ABSENT: .None City Staff.. ..PRESENT: J..H. Fitzpatrick,.City Clerk; William-E. Flory, Director of Parks $ Recreation; R.D. Miller, Administrative Officer; Wayne Peterson, City Engineer; Don Englert, Police Captain; ,Lee M..Schlobohm, Fire,Chi.ef; A.J. Shaw, City Attorney; Robert Strong, Director of Community Development ---.------------------- 1. At this time.the City Council held a public hearing on the FINAL PASSAGE OF ORDINANCE NO. 633, an ordinance of the City of San.Luis Obispo amending the Official Zone Map of-the City of San Luis Obispo.(to rezone property on Santa Barbara, Avenue and Broad Street). q. Mayor Schwartz declared the public hearing 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 Norris Ordinance No. 633 was introduced for FINAL.PASSAGE. Finally passed on the following roll call vote: AYES: Councilmen Gurnee, Norris, Graham, Petterson and Mayor Schwartz NOES: None ABSENT: None ------------------------------------------------------------------------------ On motion of Councilman Gurnee, seconded by Councilman Graham Consent-Items C -1, C -2, C -3, C -4, C -5, C -6, C -7 and C -8 were all approved as submitted. "" C -1 Claims against the City of San Luis Obispo were authorized payment subject to approval by the Administrative Officer. C -2 The following contract .pay estimates. and.change.orders. were approved: R. Burke Corporation Est. #1 $ 37,068.75 STREET RESURFACING, C.P.: #9 -75 W.A. Gus Howie.:.. Est.; #1 .1,836.00 SANTA ROSA PARK -IMP.; C.P. #19 -75 SANTA ROSA STREET WIDENING Est. #1 12,241.98 C.P. #25 774 Madonna Construction Company Est. #10 99,536.47 EDNA SADDLE RESERVOIR, C.P. #W73 -8.. Pacific Erectors Est. #4 48,780.57 EDNA SADDLE RESERVOIR, C.P. #W73 -7 1 1 1 Contract Pay Estimates continued. Wally LaFreniere Construction Est. #1 CITY HALL REMODELING C.C.O. #1 C.C.O. #2 C.C.O. #3 City Council Minutes June 2, 1975 Page 2 2,026.25 20,968.85 31473.60 (7/7/75) 2,633.85 26,028.00 + 1,284.00 + 602.00 -0- C -3 The City Council Minutes of December 2, 1974 and January 20, 1975 were acknowledged and approved as submitted. C -4 On motion of Councilman Gurnee, seconded by Councilman Graham, the following resolution was introduced: Resolution No. 2805 (1975 Series), a resolution of the Council of the City of San Luis Obispo approving the applica- tion for land and water conservation funds - Laguna Lake Golf Course and driving range acquisition project. Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee, Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None On motion of Councilman Gurnee, seconded by Councilman Graham the City Attorney was instructed to see if the lease on the Laguna Lake Golf Course could be extended for an additional six months. Motion carried, all ayes. C -5 On motion of Councilman Gurnee, seconded by Councilman Graham the following resolution was introduced: Resolution No. 2804 (1975 Series), a resolution transferring funds. Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee, Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None C -6 Request for Council authority to advertise for public hearing for planned use of Revenue Sharing Allocation 6 and any earned interest to be used for water capital purposes was approved and hearing set for June 16, 1975. C -7 Request for Council authority to advertise for public hearing on matter of adopting the 1975/76 budget was approved and hearing set for June 16, 1975. C -8 Claim against the City of San Luis Obispo by Theda Mae Iversen for damages resulting from a fall in front of the San Luis Obispo Post Office on December 9, 1974 was denied and referred to the insurance carrier. Charles Pratt Construction Est. #2 WASTEWATER TREATMENT PLANT C.P. #45 -74 WATERLINE RECONSTRUCTION Est. #1 C.P. #21 -75 PARALLEL SEWER LINE PROJECT Est. #5 FINAL t C.P. #46 -75 Walter Bros. Construction Co. Est. #1 PRADO ROAD STORM DRAIN, C.P. #22 -75 Wally LaFreniere Construction Est. #1 CITY HALL REMODELING C.C.O. #1 C.C.O. #2 C.C.O. #3 City Council Minutes June 2, 1975 Page 2 2,026.25 20,968.85 31473.60 (7/7/75) 2,633.85 26,028.00 + 1,284.00 + 602.00 -0- C -3 The City Council Minutes of December 2, 1974 and January 20, 1975 were acknowledged and approved as submitted. C -4 On motion of Councilman Gurnee, seconded by Councilman Graham, the following resolution was introduced: Resolution No. 2805 (1975 Series), a resolution of the Council of the City of San Luis Obispo approving the applica- tion for land and water conservation funds - Laguna Lake Golf Course and driving range acquisition project. Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee, Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None On motion of Councilman Gurnee, seconded by Councilman Graham the City Attorney was instructed to see if the lease on the Laguna Lake Golf Course could be extended for an additional six months. Motion carried, all ayes. C -5 On motion of Councilman Gurnee, seconded by Councilman Graham the following resolution was introduced: Resolution No. 2804 (1975 Series), a resolution transferring funds. Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee, Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None C -6 Request for Council authority to advertise for public hearing for planned use of Revenue Sharing Allocation 6 and any earned interest to be used for water capital purposes was approved and hearing set for June 16, 1975. C -7 Request for Council authority to advertise for public hearing on matter of adopting the 1975/76 budget was approved and hearing set for June 16, 1975. C -8 Claim against the City of San Luis Obispo by Theda Mae Iversen for damages resulting from a fall in front of the San Luis Obispo Post Office on December 9, 1974 was denied and referred to the insurance carrier. r City Council Minutes June 2, 1975 Page 3 BIDS RECEIVED B B -1 The City Clerk reported on the following bids received for LAGUNA LAKE PARK DEVELOPMENT PHASE III, City Plan No. 32 -74. Bids opened on May 27, 1975 at 2 p.m. Fred Julien & Associates $58,542.80 San Luis Obispo Walter Bros. Const. Co. 60,041.00 , San Luis Obispo Chas. A. Pratt Const. Co. 62,341.80 San Luis Obispo Conco 63,228.00 San Luis Obispo R. Burke Corporation 64,834.89 San Luis Obispo Wheeler Construction Co. 65,443.30 San Luis Obispo Baker Corporation 72,927.00 Arroyo Grande M.B.C. 73,623.00 Goleta Madonna Construction Co. 78,170.00 San Luis Obispo Smee's Plumbing $ Heating 80,741.10 San Luis Obispo On motion of Councilman Gurnee, seconded by Councilman Petterson that the low bid of Fred Julien and Associates in the amount of 58,542.80 be accepted. Motion carried. On motion of Councilman Gurnee, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 2803 (1975 Series), a resolution increasing the 1974/75 budget. Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee, Petterson, Graham, Norris and Mayor Schwartz NOES: None ABSENT: None ------------------------------------------------------------------------- TRAFFIC COMMITTEE REPORT TC -1 75 -6 -1C Second series of recommendations for implementation of bike plan, Volume 2, referring several items to staff members and /or citizens groups. ' TC -2 75 -6 -2T Recommendation that Ferrini Road traffic be brought into North Chorro Street at more of a right angle than originally designed. TC -5 75 -6 -5T Recommendation that additional street light be approved on Lower Higuera near Prado Road. TC -7 75 -6 -7T Negative recommendation against request of Richard Blackston asking for prohibition on all parking on Augusta Street between Laurel Lane and San Marcos Court. City Council Minutes June 2, 1975 Page 4 On motion of Councilman Gurnee, seconded by Councilman Petterson Traffic Committee Items TC -1, TC -2, TC -5 and TC -7 were approved as recommended. TC -3 75 -6 -3T Recommendation that several parking spaces for the handicapped be eliminated and one relocated. TC -4 75 -64T Recommendation that one parking space for the handicapped be retained behind the City Hall. ' TC -6 75 -6 -6T Recommendation that one additional 12- minute parking meter space be installed in front of the shoe repair shop at 1027 Marsh Street On motion of Councilman Graham, seconded by Councilman Petterson the following resolution was introduced: Resolution No. 2806 (1975 Series), a resolution of the Council of the City of San Luis Obispo reducing handicapped parking spaces in City parking lots and establishing a twelve - minute parking zone on Marsh Street. Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee, Petterson, Gurnee, Norris and Mayor Schwartz NOES: None ABSENT: None ------------------------------------------------------------------------------ 2. At this time the City Council held a public hearing on the proposed adoption of the 1973 Edition of the Uniform Fire Code and amendments by the City of San Luis Obispo. ' Fire Marshal Don Sylvia reviewed the proposed amendments to the 1973 Edition of the Uniform Fire Code as recommended by the City Fire Department. Mayor Schwartz declared the public hearing open. Dennis Wheeler, contractor representing the San Luis Obispo Building Contractors Association, stated that his organization was in general support of adoption of the 1973 Uniform Fire Code. Mike Deneve, Manager, San Luis Obispo Building Contractors Association, stated they were in support of adoption of the 19733 Uniform Fire Code, except for clarification of various wording in certain sections which were then reviewed with the Fire Marshal and interpreted by the City Council. Mayor Schwartz declared the public hearing closed. Councilman Petterson stated that he was in support of adopting the 1973 Fire Code as it would better serve the people of San Luis Obispo. Councilman Graham stated he too was in support of the adoption of the code. Councilman Gurnee also was in support of adoption of the 1973 Uniform Fire Code with possible consideration of word changes as suggested by the Contractors Association. Councilman Norris stated he was in support of adoption of the Code, but he asked the Council to make every effort to solve the fire suppression problems in Los Osos Valley. He felt that adopting codes w4s very good, but he felt that some- thing should be done to physically help the people in Los Osos Valley with their fire protection. Mayor Schwartz stated he too was in support of adoption of the 1973 Fire Code with amendments as proposed by the Fire Department. City Council Minutes June 2, 1975 Page 5 On motion of-Councilman Gurnee, seconded by Councilman Petterson the following ordinance was introduced: Ordinance No. 639 (1975 Series), an ordinance amend- ing portions of Article III, Chapter 1, Part 2, of the San Luis Obispo Municipal Code, to adopt the 1973 Edition of the Uniform Fire Code, together with amend- ments and additions thereto; and repealing all ordinances and parts of ordinances in conflict therewith. Passed to print on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz ' NOES: None ABSENT: None 3. At this time the City Council considered the FINAL PASSAGE of ORDINANCE NO. 634 (1975 Series), an ordinance of the City of San uiis 0 1sb po amending Article VII, Chapter 5, of the Municipal Code entitled, "Sewers," by repealing all sections previously contained therein and adding new Municipal Code sections 7500 through 7507 to provide a comprehensive ordinance for the regulation of the City's sewer system. D.F. Romero, Director of Public Services, suggested that Section 7501 be amended to include a volumetric measurement in order to establish a minimum discharge of wastewater containing specific chemicals. He also felt that the Council should adopt a resolution adopting wastewater charges and fees as existing fees would have been eliminated upon adoption of the ordinance. R.D. Miller, Administrative Officer, recommended that the City Council increase the sewer service charges from $1 per month to $1.50 per month on an interim basis, until the final Jenks' report had been submitted which would ultimately require a further increase in rates. Mayor Schwartz declared the public hearing open. ' Fred Hurst, President, Paso Robles Culligan Company, asked that only the weasel words in the ordinance be amended so that any changes in the constituency of the sewage effluent would require a public hearing. He felt that this was the only way his industry would be protected. Walt Crawford, Chorro Street, asked at what point would property owners be required to install back -water valves or check valves on services which could flood improvements. D.F. Romero answered at any time the City recognized that a possible flooding or sewer back up problem might exist. Peter Hansen, Servisoft, supported the recommendation by the Culligan Company as he felt that the regulations were too severe and the City was acting too fast in adopting a law on the basis of a recommendation by a consulting engineer. He did not feel that these regulations should be imposed as he was sure that the Water Quality Control Board would not adopt these regulations or would not force their adoption. He stated he spoke to representatives of the WQCB and they felt these conditions were extreme. D.F. Romero, Public Services Director, explained the time schedule of the State in adopting this ordinance by the City Council. He stated that the standards recommended by Mr. Jenks were already established by the EPA and the Water Quality Resources Control Board. ' Mayor Schwartz declared the public hearing closed. Councilman Gurnee suggested that the final passage be continued for two weeks to study the standards and prepare a resolution for rates and fees. Councilman Norris stated he did not like this ordinance as he felt it could not be enforced, and therefore he would not support adoption. He felt that the consultant should meet with Jones of the Water Quality Control Board who enforces the regulations to see if they were to be enforced and if the standards were too high. City Council Minutes June 2, 1975 Page 6 Councilman Petterson supported the suggestion of a 50¢ increase in sewer fees and further.he would support amendments to allow further public hearings before entertaining the new standards. He too would support continuation of two weeks in order to allow the consultant to meet with the Water Quality Control Board representatives and review the wastewater discharge standards. Councilman Graham felt the ordinance would have to be adopted, although he did not feel it would be easy to enforce the standards of the discharge requirements. He would support the 50� in sewer rate increase. Mayor Schwartz felt that the San Luis Obispo City Council found itself in the position of adopting an ordinance in reaction to State and Federal laws in an attempt to clean up the environment. He felt the City would have to comply sooner or later with EPA requirements. He too could see benefit in continuing consideration for clarifying the standards with the consultants and the State Water Quality Control Board. He suggested several word changes in order to recognize the comments presented this evening. He too would support an increase in the sewer rate fees in order to put the system on a more self - supporting basis. Councilman Norris was opposed to the 50¢ increase in sewer service fees. He felt the Council was wrong in even considering such an increase. He felt the taxpayers would support taxes to pay for operation of the sewer plant. He felt it was wrong to keep going back to the people who could least afford to pay for these extravagant improvements. On motion of Councilman Gurnee, seconded by Councilman Graham that the City Council continue consideration of Ordinance No. 634 to June 16, 1975 with John Jenks, consultant, to review the wording changes and give reasons for the high standards, with staff to submit proposed sewer fees that would make the system more nearly self- supporting. Motion carried, all ayes. 4. At this time the City Council held a public hearing on the recom- ' mendation of the Planning Commission to rezone 2302 through 2324 Broad Street from R -2, M -S, and M to C -H -S, P.J. Zuiderweg, applicant. Robert Strong, Community Development Director, submitted the following recom- mendations from the Planning Commission in support of the rezoning. 1) The subject rezoning would be in conformity with the General Plan and General Plan Revision currently in progress. 2) The rezoning would allow heavy commercial type land use which would be compatible with existing surrounding land uses, generally of heavy commercial nature. 3) The C -H zoning with an "S" designation would allow the City to review all proposed projects in the area of the rezoning to insure site com- patibility taking into consideration access, traffic, land use character- istics, parking, screening and overall aesthetics. 4) The subject rezoning and ensuing projects in the rezoning area would be appropriately located in an area fully committed to urbanization where there was sufficient access and where urban services were available. 5) The proposed rezoning would have no substantial detrimental effects on the environment. ' Mayor Schwartz declared the public hearing open. P.J. Zuiderweg, applicant, spoke in support of his request to rezone this property although he did not approve the application of the "S" classification on the property, as it would just add additional delay to development of prop- erty as the buildings would all be new and the Architectural Review Commission would still look into it and control their construction. Dennis Wheeler, contractor; was in support of the proposed rezoning. He felt it was good planning, but he too was opposed to the application of the "S" classification. City Council Minutes June 2, 1975 Page 7 Mayor Schwartz declared the public hearing closed. Robert Strong, Community Development Director, upon question stated that the Planning Commission felt that the "S" was added to the property designation so that the Planning Commission could review the site plan and control access. to Broad Street, a major arterial route.and State highway. A.J. Shaw, City Attorney, felt the "S" was a better legal tool than site planning restrictions imposed by the Architectural Review Commission. Councilman Petterson stated he was in support of the recommendation of the Planning Commission including the "S" classification. Councilman Graham stated he too was in support of the recommendation of the Planning Commission, requiring the "S" classification. Councilman Norris stated that he felt that the "S" classification duplicated the work of the ARC and other boards and commissions of the City, but he would support the Planning Commission recommendation including the "S" classification. On motion of Councilman Petterson, seconded by Councilman Graham the following ordinance was introduced: Ordinance No. 640 (1975 Series), an ordinance amend- ing the Official Zone Map of the City of San Luis Obispo. Passed to print on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None S. Mayor Schwartz brought to the Council's attention future steps to be taken in regard to the Laguna Lake Park study, which had been approved by the City Council on May 5 with the consulting firm Wallace, McHarg, et al. to conduct studies in Laguna Lake Park and vicinity, and which was rescinded or reversed by the City Council at the May 23 Study Session. The Mayor stated he viewed the preparation and execution of this contract as the culmination of many years of careful general'planning work by the City and a year of very intensive work by the City staff and the citizens who served on the City Park $ Recreation Commission, Design Review Board, and Planning Commission. The City Council itself invested considerable time in reviewing the consultant selection committee to contact a consultant to produce the work. He continued that statements by Councilmen at the May 23 meeting suggested that while the work was to be stopped, it was not the intent to kill the work but rather to delay it until some additional prerequisite work was completed. If this was truly the intent of the Councilmen objecting to the study at this time, then he would like to understand the precise prerequisites that each Councilman had in mind. He therefore placed this back on the agenda of this meeting for the Council to establish definitive prerequisites for reinitiation of the Laguna Lake Park study. He hoped the City Councilmen had prepared input so that the City Council could give City staff guidance and set the framework for further advisory commission and citizen input. Councilman Gurnee stated that his main consideration prior to establishing or starting on a new planning program in the magnitude of $50,000 was that the City's General Plan be completed, which had been under preparation for almost two years; that the City adopt the new regulatory ordinances that would support the new General Plan; that the precise plans proposed be adopted by the City; that the City Council adopt the E.I.R. guidelines as recommended by State law; and if the Laguna Lake and its environs study was undertaken it should be a program of cooperation by the City and the County governments as he felt that planning of these areas should be done jointly as the property existed outside the City of San Luis Obispo. 1 1 1 City Council Minutes June 2, 1975 Page 8 Councilman Norris stated he wanted the idea of the Laguna Lake Plan to die. He felt that the Council had taken action to kill this item and he did not want to see it back on every Council agenda. If the City wanted to spend $50,000 or more, he would like to see this money spent trying to alleviate the fire problems in the Los Osos Valley. He also felt that the City should take care of the parks the City now owned and not develop new parks that could not be properly taken care of. He also stated he felt that the City should not start new plans until the ones under study, at great expense, had been ' completed. Councilman Petterson stated he agreed with the comments of Councilmen Gurnee and Norris stating he felt that the Zone 9 Study should be completed before additional studies were undertaken. Finally, if any plans were made for Laguna Lake and its environs, it should be done jointly by the City and County govern- ments. He urged the City Council to complete the plans they now had under discussion and expense before starting new plans. He stated that staff was now running from one plan to the other and not completing any of them. Councilman Graham stated that he had and still would support the expenditure of 50,000 of City tax funds to make the study of the Laguna Lake Area. While he agreed that the City should complete all plans now being processed by the City, he felt that the proposed study would help with more information for the City to make some decisions. He still would support the study. Mayor Schwartz stated that his concern was the feeling that somewhere along the line the City's planning program had gone astray and was out of control. He felt that this was one element of the study plan that had been discussed for years and now all of a sudden it has been taken out of its normal location on the priority listing. He felt that there was some problem in the Council's support of the City's planning process. The Mayor again spoke in favor of the Council allowing the City to prepare the study by the consultants as determined by the "blue ribbon" committee. He felt the Laguna Lake Regional Park Master Plan and Open Space Plan should be implemented and the study must be done first. He felt that this was a unique opportunity for the City to take advantage of this plan for a regional study. Councilman Gurnee felt that the Mayor's arguments did not relate to his memo demanding that the Council that opposed the WMRT study define the conditions they wanted to see met. He felt that the Mayor was not trying to clear the air but was attempting to convince some of the City Councilmen to again change their minds and support his addenda to the City's planning program. Councilman Petterson stated that at this time he just did not feel that the City should spend money on more plans until the ones under preparation by the City had been completed and implemented. He still felt that the County would cooperate in future studies if properly approached by the City. Robert Strong, Community Development Director, stated upon question that he could not get a precise story on the status of the County's Morro Preservation Study, but he understood that the County Planning staff would be proceeding with public hearings if it could get concensus from a review committee. Joyce Pederson, President, League of Women Voters, appeared before the Council stating that the Council knows that the League had long encouraged the City to protect and preserve the surrounding open space and had supported reserve funds for acquisition of open space. The League had advocated long -range planning and therefore fully support the Laguna Lake Regional Park and Open Space Study. ' They did have some questions about the timing of the proposed study. They were aware of the planning department's current workload caused by the General Plan Revision. They felt that past experience had shown that successful use of consultants required great coordination between the City and the consultant. Such coordination would certainly add to the planning department's workload at this time. The League of Women Voters was also concerned with proper coordination between the County and the private property owners in the study area. Such coordination should be assured as a prerequisite to any successful study. City Council Minutes June 2, 1975 Page 9 Charles Ogle, on behalf of Mr. Alex Madonna, was opposed to the expenditure of public funds to plan private property outside the City limits. He felt that this was a waste of public funds. Furthermore, his client, Alex Madonna, would resist by any means at his disposal the acquisition by the City of their private property in Laguna Lake and Mt.. San Luis area. He also objected on behalf of Madonna the further importation of consultants to plan land in San Luis Obispo County. He objected to the continuing planned expenditure of great sums of public tax money to plan property not owned by the City and not even in the City. Even though some funds might have been put aside to purchase ' the property, the owners had gone on record stating they would not, under any considerations, sell their land willingly to the City of San Luis Obispo. He concluded that the Council should be aware of the problems of inverse con- demnation on private property in zoning things over which they had no ownership or control. Harry Johnson, resident of Laguna Lake Area, felt the Council should be aware of what was happening to the ecological balances in the lake. He felt that this lake was a unique asset to the City and would support some type of study in order to protect the lake for the future and urged some consideration for development. Homer Odom felt the City Council should continue their opposition to the proposal at least until the present planning program of the City was complete, if ever, or at least under competent control of the Planning Commission and Council. He was opposed to the expenditure of $50,000 for another consultant to come to San Luis Obispo with no possible way to implement whatever plan the consultant should come up with this time. He suggested that if the Council wanted to spend $50,000, they should take care of some of the flood problems in the Los Osos Valley area. He also felt that the City Council should take care of the citizens who would be damaged with future floods and also felt the City could spend this money on parks and open space it now owned and controlled within the City and not go beyond the City limits for development. Andrew Merriam, consultant who prepared the preliminary Laguna Lake report ' felt that the study should be implemented so that the future plans could be completed with full knowledge. He hoped the Council would not water down the consultant's proposal as the full study was needed. There being no further discussion, Mayor Schwartz called.a recess at 9:08 p.m. The meeting reconvened at 9:25 p.m.. with all Council Members present. 6. Communication from Charles Delmartini objecting to the requirement of placing a fire hydrant at Branch and Beebee Streets because the relocation of a building he plans to place at 247 Branch Street. Don Sylvia, Fire Marshal, stated that the Delmartini Street would.require a 1,000 gallon /minute fire flow from the hydrant at Beebee and Branch Streets was on Therefore, this was an Ordinance No. 604 -A level one require the installation of a new City standard fire Branch Street by the developer. project at 247 Branch and fire flows available Ly 793 gallons /minute. deficiency and would hydrant at Beebee and Robert Strong, Community Development Director, stated that the Charles Delmartini's project involved the move on of a duplex structure to be located on the premises whereon a single family house would also be retained constituting a total of three dwelling units on the site. The standard procedure was to require the applicant to replace the deficient fire hydrant, at his expense, pursuant to , Section 7410.7.5.2 and the City to establish a district showing other properties which would be benefited by the hydrant and require future permitees in the subject district to reimburse the party originally funding the hydrant construc- tion. Robert Strong wished the City Council to note that the neighborhood wherein the area of benefit would be defined was for all intent and purposes fully developed and therefore the applicant would not be reimbursed for his expense of placing the hydrant. City Council Minutes June 2, 1975 Page 10 Paul Geihs; attorney representing Delmartini, reviewed the issue that was applied to Mr. Delmartini dealing with the use permit for moving a house to 247 Branch Street including the requirement that he replace and install a new fire hydrant as a prerequirement to the issuance of the building permit. He felt that under the provisions of the Municipal Code, Mr. Delmartini would not be required to install a new fire hydrant as he was moving on a single family dwelling, and he felt that under this actual case the City could reimburse up to 80 percent of the cost of the replacement hydrant. He concluded this ' compliance was not legally a provision of the use permit unless he were bring- ing in a dangerous building. He should not be required to improve fire protection for his 28 neighbors. Finally, he felt that if the Council felt that Mr. Delmartini should pay something under the code then the most he should have to pay would be 20 percent with the City paying 80 percent of the hydrant cost. A.J. Shaw, City Attorney, reviewed the Municipal Code provisions submitted by Mr. Geihs and their implications. He stated that this requirement was to correct a 604 -A level one deficiency, and the City could require the applicant to install the hydrant. Robert Strong, Community Development Director, stated that Mr. Delmartini was adding a duplex to a lot on which a single family home exists, making this a multi - family proposal. The estimated cost of the hydrant would be between $850 to $1,900. Councilman Gurnee stated that if this was a 604 -A deficiency, then it should be replaced. He felt the City should pay 50 percent of the hydrant cost as this was a built up area with no possibility of refund to the developer. Councilman Norris felt the City should replace the hydrant since this was an old developed area and the residents had paid for many years and should not have to buy a new hydrant. He felt that the City should make the utility improvements in areas of this type. ' Councilman Petterson felt that this was just another example of a developer or builder going to City Hall and not getting the full information on his proposal at the time the application was made. More and more times they never got the full story on their needs and City requirements. He too felt that the City should participate somewhere between 50 and 80 percent in putting the hydrant in. Councilman Graham felt the City should participate up to 50 percent in installing the hydrant. Mayor Schwartz agreed that this was a 604 -A deficiency but that the City should participate in this, particularly due to the age and extent of improve- ments in the area. On motion of Councilman Gurnee, seconded by Councilman Graham that Charles Delmartini be instructed to install the hydrant as required by the Fire Marshal with the City participating up to 50 percent of the cost with the City.to let the contract, but not before the funds had been deposited by Mr. Delmartini. Motion carried, Councilman Norris and Mayor Schwartz voting no. 7. Memorandum from D.F. Romero regarding letter of H.G. Wheeler requesting removal of three trees at 1426 Santa Rosa Street was continued at the request of H.G. Wheeler: 8. Communication from Kenneth E. Smee requesting permission to extend ' sewer and water lines along his property outside the City of San Luis Obispo, a portion of lot 103, San Luis Obispo Suburban Tract. He was asking to extend the sewer and water to the south edge of his property at his own expense and in compliance to the City's regulations. He was not asking or requesting permission to connect to the property the services, but to be able to install the sewer and water lines before the new highway, Route 227, was completed. At the time that he would connect to the service he would be expected to be treated like any other property owner in respect to the costs of connection, etc. He stated the work would be done by a licensed contractor, his own firm. Robert Strong, Community Development Director, stated that the City staff recommended that the City Council permit sewer and water line extension and laterals to be constructed at Mr. Smee's expense provided that such work was installed in accordance with the City's approved plans and specifications and City Council Minutes June 2, 1975 Page 11 accomplished at no cost to the City, pursuant to the following conditions: 1) Plans for said work shall be reviewed and approved by the City Engineer (lines should be sized in accordance with the recent Jenks Study recommendations). 2) Work should be inspected to assure that all facilities were installed to City standards. 3) To prevent unauthorized use, an agreement acceptable to the City Attorney should be recorded specifying that no connections to either the sewer or water lines should be permitted until the subject property was annexed or the Council approved said service. On motion of Councilman Petterson, seconded by Councilman Norris the recom- mendation of the City staff was accepted and approved. Motion carried, Mayor Schwartz voting no. 9. Communication from D.F. Romero, Public Services Director, regarding the Citizens Advisory Committee memorandum of May 16, 1974 in connection with City construction and maintenance charges. Mr. Romero's report outlined the instances when the City would conduct work which was billed to property owners or contractors, and gave the breakdown of the billing procedure and number of occasions when these billings took place. His report showed that total billings from the Public Services Department average less than eight per month, and that all billings take into account full City cost, including overhead. It was his conclusion that the subsidy to contractors or owners was quite minor in nature and occurs primarily due to the lower pay scale of City employees and, to a small degree, to the choice of equipment rental rates, which were not completely covered in the DOT publication. He recommended that the City Council authorize that all public service bill- ings follow the general format utilized by the Water Department, using equip- ment rental rates published monthly by the Department of Transportation and for further convenience in measuring and billing he recommended that trench repair- ing continue to be billed on a square foot basis. He also recommended that the City charges for labor continue to reflect actual City costs, plus overhead, rather than an artificial rate published by some other agency. On motion of Councilman Petterson, seconded by Councilman Gurnee, the following resolution was introduced: Resolution No. 2808 (1975 Series), a resolution of the Council of the City of San Luis Obispo establishing labor and equipment rental rates for City construction and maintenance charges. Passed and adopted on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None 10. Memorandum from D.F. Romero, Public Services Director, regarding Citizens Advisory Committee memorandum of May 16, 1975, nullification of proposed utility rate study and additional fees for wastewater support was ordered received and filed. 11. Memorandum from the Human Relations Commission letter from Ruby Siegel regarding Grassroots II operatio to the HRC by the City Council, was ordered received and 12. Memorandum from Wayne Peterson, City Engineer, the water treatment distribution system was continued to of June 3, 1975. responding to the 1, which was referred filed. regarding study of the adjourned meeting 1 1 1 1 1 1 City Council Minutes June 2, 1975 Page 12 13. Request from Don Sylvia, Fire Marshal, that a fire damaged structure at 1366 Ella Street be declared a public nuisance and that he be authorized to issue a misdemeanor citation for failure to comply with the abatement order of this structure, and a communication from A.J. Shaw, City Attorney, regarding this matter and recommending that the City's nuisance abatement ordinance be invoked, and a memorandum from Robert Strong, Community Development Director, regarding abatement of fire damaged structure at 1366 Ella Street, stated that his department supported the recommendation of the Fire Marshal. On motion of Mayor Schwartz, seconded by Councilman Petterson the matter was continued to the June 16, 1975 meeting for final determination by the City Council, with Charles Delmartini asked to be present to discuss this problem. Motion carried, all ayes. 14. Memorandum from David Williamson, Assistant Administrative Officer, regarding staff responsibility for administering the Jenks & Adamson contract for sewage treatment facilities was continued to the adjourned meeting of June 3, 1975. 15. Memorandum from Wayne Peterson, City Engineer, regarding Santa Rosa Street Widening, Monterey Street to Walnut..Street, was continued to the adjourned meeting of June 3, 1975. . 16. Memorandum from the Planning the City sign ordinance and requesting adjourned meeting of June 16, 1975. Department concerning inadequacy of Council direction was continued to the 17. Memorandum from David Williamson, Assistant Administrative Officer, requesting permission for a deductible change order on City Hall Remodeling in the amount of $3,000, which called for using existing steam convection supply and return lines for relocating lines were necessary in accordance with the plans and providing new electric valves throughout the system. He recommended that this matter be approved by the,Council. On motion of Councilman Graham, seconded by Councilman Gurnee the recommenda- tion was approved and the Council accepted the change order. Motion carried.. 18. Communication from Steve Anderson, President, Student Community Services of Cal Poly, supporting the proposed Lakewood Park project submitted by Ron & Joanne Rabun and Ron & Rosemary Warner and recommending Council approval was ordered received and filed, on motion of Councilman Graham, seconded by Councilman Petterson. Motion carried, all ayes. There being no further business to come before the City Council, the meeting adjourned to June 3, 1975 at 12:10 p.m., Conference Room, City Hall. APPROVED: .October 6, 1975 . Fitzpatrick, City Clerk MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, JUNE 2, 1975 - 7 p.m. COUNCIL CHAMBERS, CITY HALL Pledge _ Roll Call _ ..PRESENT: Myron Graham,.T..Keith Gurnee, Jesse Norris, Steven Petterson and Mayor Kenneth E.'Schwartz ABSENT: .None City Staff.. ..PRESENT: J..H. Fitzpatrick,.City Clerk; William-E. Flory, Director of Parks $ Recreation; R.D. Miller, Administrative Officer; Wayne Peterson, City Engineer; Don Englert, Police Captain; ,Lee M..Schlobohm, Fire,Chi.ef; A.J. Shaw, City Attorney; Robert Strong, Director of Community Development ---.------------------- 1. At this time.the City Council held a public hearing on the FINAL PASSAGE OF ORDINANCE NO. 633, an ordinance of the City of San.Luis Obispo amending the Official Zone Map of-the City of San Luis Obispo.(to rezone property on Santa Barbara, Avenue and Broad Street). q. Mayor Schwartz declared the public hearing 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 Norris Ordinance No. 633 was introduced for FINAL.PASSAGE. Finally passed on the following roll call vote: AYES: Councilmen Gurnee, Norris, Graham, Petterson and Mayor Schwartz NOES: None ABSENT: None ------------------------------------------------------------------------------ On motion of Councilman Gurnee, seconded by Councilman Graham Consent-Items C -1, C -2, C -3, C -4, C -5, C -6, C -7 and C -8 were all approved as submitted. "" C -1 Claims against the City of San Luis Obispo were authorized payment subject to approval by the Administrative Officer. C -2 The following contract .pay estimates. and.change.orders. were approved: R. Burke Corporation Est. #1 $ 37,068.75 STREET RESURFACING, C.P.: #9 -75 W.A. Gus Howie.:.. Est.; #1 .1,836.00 SANTA ROSA PARK -IMP.; C.P. #19 -75 SANTA ROSA STREET WIDENING Est. #1 12,241.98 C.P. #25 774 Madonna Construction Company Est. #10 99,536.47 EDNA SADDLE RESERVOIR, C.P. #W73 -8.. Pacific Erectors Est. #4 48,780.57 EDNA SADDLE RESERVOIR, C.P. #W73 -7 1 1 1