HomeMy WebLinkAbout08/18/1975Pledge _
Roll Call
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
MONDAY, AUGUST 189 1975 - 7:00 p.m.
COUNCIL CHAMBERS,.CITY HALL
PRESENT: Myron Graham, Jesse Norris., Steven Petterson and
Mayor Kenneth E. Schwartz
ABSENT: T. Keith Gurnee
City Staff
PRESENT: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative
Officer; A J. Shaw, Jr., City Attorney; Wayne Peterson,
City Engineer; Robert Strong, Community Development Direc-
tor
1. At this time the City Council held a public hearing to consider the
recommendation of the Planning Commissi.on.:to.adopt as part of-the comprehensive
General Plan Revision an amendment to the General Plan by adding the Seismic
Safety Element as prepared by Envicom.
Robert Strong, Community Development Director, reviewed for the City Council's
information the result of the public hearing.held by the Planning Commission
on July 29, 1975. He stated that the comments -from both staff and commission
' were primarily directed toward the land use policy and implementation sections
of the report with limited discussion of the technical seismic analysis.
In general the Planning Commission made the following recommendations to the
City Council for refinement or revision of the draft report:
1) The land use policy of the report should be further refined by the con-
sultant to show land use classifications which match the degree of
specificity of proposed zoning-ordinance revisions. In general, the
commission felt that further distinctions should be made within the
critical facility category to identify:
a) Types of emergency response facilities which would be most
essential during or after seismic-events,
b) Other public facilities of less critical nature
c) Possible hazardous uses (petroleum storage, chemicals, etc.)
Likewise, the normal use category should separate land uses by intensity
and risk of occupancy, and by normal-operational effects on public safety.
Further expansion of the land use policy would also facilitate day -to -day
interpretation by staff in reviewing specific development proposals within
defined hazard areas.
' 2) The Commission felt that addi*iona1.£ield. studies should be made of the
high-liquefaction areas which were generally located in the Laguna. /Higuera
area with emphasis given to- exerting and future critical and /or public
facility sites, both public and private.. Locations for soil testing
should include:
City Council Minutes
August 18, 1975
Page 2
a) The proposed elementary school site_.on.Los.Osos Valley Road,
b) The C. L. Smith School
c) Laguna Junior High School
d) Laguna Lake Park
e) Proposed Post Office site adjacent to Madonna Plaza shopping center
f) Proposed.fire station site at the corner of Madonna and Los Osos
Valley Roads
g) Sewer Treatment Plant at_Prado Road between Freeway 101 and South
Higuera Street.
Both the Commission-and staff felt that the above sites should be
evaluated immediately to more clearly define actual liquefaction con-
ditions in the Laguna area, clarify the constraints for proposed
critical /public.facility sites, and to provide a scattered spot check to
clarify the actual hazard findings determined by field analysis.
3) The evaluation of existing structural hazards should be conducted by the
City using a combination of the area hazard rating, type of land use,
and the type of construction, as primary criteria for priority evaluation.
For example, top priority for inspection should be given to critical,
hazardous or assembly facilities whose type of construction was sus-
ceptible to extensive seismic damage and which were located in very high
hazard areas.
Robert Strong concluded his presentation by stating that the Seismic Safety
Element was one of the General Plan components which was required by State
law to be completed before September 20, 1975. In view of the time necessary
to further refine this plan element, the Commission and staff suggested the
commencement of adoption proceedings with the understanding that the above
revisions and /or refinements of the report considered by the Commission as
a supplement to the hearing draft. He further recommended-that the City Council
adopt a resolution approving the Seismic Safety Element subject to the modifica-
tions, to be resolved at the Planning Commission hearings in the future.
He then presented the final resolution of the City of San Luis Obispo Planning
Commission, recommending that the City Council adopt the Seismic Safety
Element as a revision to the General Plan as follows:
1) That a copy of the draft Seismic Safety Element recommending modification
thereof and public testimony received during the public hearing be con-
sidered by the City Council, and
2) That the resolution recommending adoption to the City Council be submitted.
Joe Johns, representing the consultant Envicom, who prepared the Seismic
Safety Element.for the City's consideration, reviewed in detail the Seismic
Safety plan as recommended to the City Council by the Planning Commission.
He reviewed the types of hazards to be considered, conclusions and the
delineations of the hazards throughout the City. He reviewed the geology
of the area, the past history of activity in the faults, and various hazards
such as landslides, liquefaction, and settlement..
He then submitted the following policy recommendations for..the_Council's
consideration:
1) Adopt new ordinaaces�aad amend existing ordinances..which would require
the incorporation of Seismic Safety consideration in developments under
the City's jurisdiction.
2) Provide for the identification and evaluation-of-existing structural
hazards.
1
1
1
City Council Minutes
August 18, 1975
Page 3
3) Risks associated with hazardous structures should be reduced to accepted
levels through.orderly hazard reduction programs.
' 4) Provide for more detail scientific analysis of seismic hazards in the
study area.
5) Regulate land use in areas of significant seismic.hazards.
6) Provide for -the education of the community- regarding the nature and
extent of earthquake hazards in the study area.
7) Provide for the maintenance and upgrading of disaster response plans.
8) Provide for review and upgrading of the Seismic Safety Element.
Mayor Schwartz declared the public hearing open.
Andy Wilson, student, asked for clarification of the various risk hazard
designations.
Mayor Schwartz declared the public hearing closed.
Robert Strong again spoke to the City Council warning them not to adopt the
Seismic Element unless they planned to carry out the mandate of the plan to
include the additional studies required, soil, studies for construction, etc.
The City Council discussed with the.consultant., Joe Johns, the long -range
implications of the Seismic Safety Element of the General Plan.
' Councilman Norris stated he was opposed in general to being forced by the
State to adopt a Seismic Element to the General Plan. He felt that these
restrictions being placed upon the City by the State only added to the cost
of housing for which we were still in dire need.
Councilman Petterson stated he would support adoption of the plan so that the
citizens of San Luis Obispo would know how to protect themselves in the event
of an earthquake.
Councilman.Graham stated he was in support of the plan, felt the job was well
done and that the information was needed for future planning, not only by the
City, but by the citizens of the community.
Mayor Schwartz stated that he too was in support of the plan, felt the City
should adopt the plan, and this information was needed in order for the City
to start protecting the citizens of the community. He felt that the plan
would put all citizens on notice to potential dangers from an earthquake and
felt the City should plan on implementing -the:recommendation.
On motion of Mayor Schwartz, seconded-by Councilman Graham the following
resolution was introduced.: Resolution No. 2870 (1975 Series), a resolution
of the Council of the City of San Luis Obispo approving and adopting the
Seismic Safety Element of the General Plan.
Passed and adopted-on-the following.roll.call vote:
.
AYES: Councilmen'draham, Nori'i9,:Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman.Gurnee
City Council Minutes
August 18, 1975
Page 4
On motion of Councilman Norris, seconded by Councilman Petterson CONSENT ITEMS
C -1, C -2, C -4, C -8, C -99 C -12, C -13, C -14, C -159 C -169 C -17 and C -18 were
approved as submitted.
C -1 Claims against the City of -San Luis Obispo were authorized payment I
subject to approval by the City Administrative Officer.
C =2 The City Council minutes of April 7, May 12, 19, 20 and 21, 1975
were acknowledged and approved.
C -3 Memo from Robert Strong, Director of Community Development, regard-
ing abandonment of Henry Street between Ella Street and Leland Terrace.
On motion of Mayor Schwartz, seconded by Councilman Petterson the following
resolution was introduced: Resolution No. 2863 (1975 Series), a resolution
of intention to abandon a portion of Henry Street and reserve certain ease-
ments in the abandoned portion.
Passed and adopted on the following roll call vote:
AYES: Councilmen Graham, Norris, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
C -4 Consideration of a Utilities Agreement with the Department of
Transportation in connection with the relocation of water line on Broad Street.
On motion of Councilman Norris, seconded by Councilman Petterson the following ,
resolution was introduced: Resolution No. 2864 (1975 Series), a resolution
of the Council of the.City of San Luis Obispo approving waterline relocation
agreement with State for Broad Street Project.
Passed and adopted on the following roll call vote:
AYES: Councilmen Graham, Norris, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
C -5 Memo from Jack Kellerman, Chief Building Inspector, regarding
proposed Underground Utility District No. 8.
On motion of Councilman.Petterson, seconded.by Councilman Graham the matter was
set for public hearing on October 6 to decide whether Underground Utility
District No. 8 should be formed. Passed unanimously with Councilman Gurnee
absent.
C -6 Memo from Wayne Peterson regarding curb, gutter and sidewalk
improvements on Prado Road at South Higuera Street.
On motion of Councilman Petterson,•.seconded.by Councilman..Norris.the following
resolution was introduced: Resolution No. 2866 (1975 Series), a resolution
of the Council of the City of San Luis Obispo approving a payment in lieu of
constructing curb, gutter and sidewalk, and releasing property owner (Walter
Bros.) from further obligation therefor ( Prado Road - Use Permit No. 0483).
City Council Minutes
August 18, 1975
Page 5
Passed and adopted oa the.following.roll call vote:
AYES- Councilmen Graham, Nozris.,.Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
C -7 Memo from -D..F_ Romero regarding automatic sprinkler- system on Madonna
Road.
On motion of Councilman Norris, seconded by Councilman Petterson the following
resolution was introduced: Resolution No.. 2867 (1975 Series), a resolution
increasing the 1975/76 budget.
Passed and adopted-on the following roll call vote:
AYES: Councilmen Graham,_Norris, Petterson and Mayor Schwartz
NOES: None
ABSENT -: Councilman Gurnee
C -7A Requested consideration of abandonment of a portion of Emily Street
(north side of Roundhouse Avenue to the Southern Pacific Railroad property
fence - requested by T.G. Snelson, Store Manager, Sears, Roebuck & Co.)
C -7B Memo from D.F. Romero regarding.request of Snelson and Morganti to
abandon a portion of Emily Street.
' Consent items C -7A and C -7B were referred to the Planning Commission for
study and recommendation to the City Council on motion of Mayor Schwartz,
seconded by Councilman Petterson. Motion carried, Councilman Gurnee absent.
C -8 Memo from Charles Dills, Citizens-Advisory Committee Chairman,
stating that franchises may not be renewed until three years before the
expiration date (in regard to request by San Luis Garbage Company).
The recommendation of the Citizens Advisory-Committee was accepted.
C -9 A. Request authorization-to call for bids on RECOATING TERRACE
HILL & BISHOP STREET WATER TANKS, City Plan No. 4 -76. Estimate: $10,000
B. Memo from Robert Mote regarding the same.
The request to call for bids was approved.
C -10 Memo from D.F. Romero regarding-.Temporary Water Service Connections
and making recommendations for new procedures.
On motion of Mayor Schwartz, seconded by Councilman Petterson the following
resolution was introduced: Resolution No. 2868 (1975 Series), a resolution
of the Council of the City of San Luis Obispo establishing fees for temporary
water service connection charges during construction.
' Passed and adopted on the following roll call vote:
AYES -: Councilm6i'Graham, Norris,.Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
City Council Minutes
August 18, 1975
Page 6
C -11 Memo from A.J. Shaw, City Attorney, regarding repeal-of resolution
to abandon portions of Sierra Way, George Street and Iris Street.
On motion of Mayor Schwartz, seconded by Councilman Graham the matter was
referred to the Community Development Department for-reconsideration at
the September 2, .1975 meeting of the City Council.
C -12 Memo from John Quirk regarding request to increase budget.
On motion of Councilman Norris, seconded by Councilman Petterson the following
resolution was introduced: Resolution No. 2869 (1975 Series), a resolution
increasing the 1975/76 budget.
Passed and adopted on the following roll call vote:
AYES: Councilmen Graham, Norris, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
C -13 Memo from Lee M. Schlobohm, Fire Chief, regarding Los Angeles
surplus fire alarm boxes.
The Fire Chief was authorized to purchase two fire alarm boxes.
C -14 The Administrative Officer announced the appointment of Randall S.
McMillan as Fireman, effective August 16, 1975, starting at Step 1 or $900,
subject to a one -year probationary period.
The City Council-acknowledged the-appointment. '
C -15 The following salary.step increase was approved, effective
September 1, 1975:
Myron A. Torik - Maintenance Man II
From Step 1 or $752 to Step 2 or $794
C -16 Claim against the City of San Luis Obispo.by Mrs. Barbara Veron
for Lisa Ann Saris to cover emergency treatment when pipe fell on her head
at Meadow Park was-denied and the claim referred to the insurance carrier.
C -17 Claim against the City of San Luis Obispo by Roger Taber for
damage done to his vehicle was denied and the claim referred to the insurance
carrier.
C -18 Claim against the City of San Luis Obispo by Mac E. Vanner, 1972 San
Luis Drive, for damages done caused by excess pressure in water line was
denied and referred to the insurance carrier.
BIDS RECEIVED
B -1 The City Clerk reported on the following bids received for the LOS
OSOS ROAD EXTENSION, TRACT 467 -2, City Plan No. 16 -75. Bids opened August 12,
1975 at 2:30 p.m. ,
R. Burke $21,430.00
San Luis Obispo
A.J. Diani $22,657.00
Santa Maria
Madonna Construction Co. $23,006.00
San Luis Obispo
Walter Bros. $23,048.50
San Luis Obispo
City Council Minutes
August 18, 1975
Page 7
On motion of Councilman Norris, seconded by Councilman Petterson that the
City accept the low bid of R. Burke in the amount of.$21,430. Motion carried.
B -2 The City Clerk reported-on the-following bids received for the
' STREET RESURFACING PROJECT.,.City Plan No. 1 -76, SS 210. Bids opened on
August 12, 1975 at 2 p.m.
R. Burke $116,586.50
San Luis Obispo
Madonna Construction Co. $117,888.00
San Luis - Obispo
A.J. Diani $120,654.00
Santa Maria
On motion of Councilman Norris, seconded-.by-Councilman-Petterson that the
City Council accept the low bid of R. Burke in the amount of $116,586.50.
Motion carried.
2. At this time the City Council held a public hearing to consider
reports from the Planning Commission concerning City resource deficiencies
on the following-projects, persuant to the provisions of Ordinance No. 604 -A:
A) Virl C. Peters,.-1165 Buchon Street,.request for - a building permit to
construct a multiple family structure.
PROBLEM: The project would contribute sewerage to a downstream sewer line
' which was operating three to seven percent beyond its theoretical peak flow
capacity. The overloaded-section-was located in Marsh Street between.Chorro
and Broad Streets. (Level I deficiency). .
PLANNING COMMISSION RECOMMENDATIONS: 1) No trouble had been reported in
this section. 2) Excess flows could-only cause sewerage to rise six inches
or eight inches above the outlet into the manhole when occasional peak flows
occur.
The Planning Commission and City Council previously reviewed the subject
deficient sewer line in regard to.several other .projects. The consensus of
the Commission had been that the deficiency was not an emergency and there
was sufficient time to rectify the problem without denying permits or other
entitlements. The City Council had.requested that staff initiate a program
of surveillance on flows to monitor further overburdening. The project was
not on the approved 75/76 CIP list, but was considered by the City Council
for same.
The Planning Commission recommended.that the building permit not be withheld
because in the opinion of the City Engineer, the subject project would not
generate enough additional flow to be noticeable or measurable and would
not cause any problem in the City's sewer system.
Mayor Schwartz declared the public hearing open.
' No one appeared before the City Council.
Mayor Schwartz declared the public - hearing closed.
On motion of.Councilman Graham, seconded by Councilman Petterson the City
Council accepted and approved the recommendation.of the-Planning-Commission.
Motion carried, Councilman Gurnee absent.
City Council Minutes
August 18, 1975
Page 8
B) C.E. French, between the Southern Pacific Railroad yards, San Carlos
Drive, Lorrain Terrace and Florence Avenue, request for approval of a tentative
subdivision map, Tract 568.
PROBLEM: The project would contribute sewerage to a downstream sewer line '
which was operating about 25 percent beyond its theoretical peak flow capacity.
The overloaded sewer line was located in.Pismo Street.- The additional flow
generated by the project would cause the line to operate-28 percent beyond
peak flow capacity.
PLANNING COMMISSION RECOMMENDATIONS: No problems have been experienced with
the subject line. In the opinion of the City Engineer the added three percent
of flow would not be critical. Planning Commission recommended that the
maintenance section be directed to monitor the line to determine if remedial
action.would soon be.necessary.
Mayor Schwartz declared the public hearing open.
No one appeared before the City Council.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Petterson, seconded by Councilman Graham the City
Council accepted the recommendation of the Planning Commission. Motion
carried, Councilman Gurnee absent.
C) Tom Robak, 2048 Swazey, request for a building permit to construct a
three unit apartment.
'
PROBLEM: The project would contribute sewerage to two downstream sewer lines
in Islay from Chorro.to Beach and in Pismo from Beach to Carmel.. The subject
lines were running 11 and 25 percent beyond their respective theoretical
peak flow capacities.
The project proposed a density of 15 dwelling units per acre whereas the
General Plan recommended a maximum density of.ten dwelling units per acre.
PLANNING COMMISSION RECOMMENDATION: Planning Commission recommended that
the building permit not be withheld, but that staff be directed to monitor
both lines to verify theoretical flows. Both mains were on the CIP list
although not in the 75/76 budget.
Planning Commission recommended that no action be taken for the following
reasons:
1) Staff stated the General Plan recommended a density of 10 -20 dwelling
units per acre.
2) The existing zoning, although it did not conform to either the proposed
or adopted General Plan, had not been removed and permits a density of
about 44 dwelling units per acre.
Mayor Schwartz declared the public hearing open.
'
No one appeared - before the City.CouAcil. _
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Petterson, seconded by Councilman Graham that the
City Council approve and accept the recommendation of the Planning Commission.
Motion carried, Councilman Gurnee absent.
City Council Minutes
August 18, 1975
Page 9
D) McKibben Enterprises,.1196 Foothill- Boulevard,- request for a building
permit to construct.a 14 unit apartment.
PROBLEM: The project would contribute sewerage to a downstream sewer line
operating 40 percent beyond its theoretical plan flow capacity. The over-
' leased sewer line was located in Santa Rosa Park.
The project proposed a density.of about 31 dwelling units per acre whereas
the General Plan recommended a .maxim=.density- of- .20.dwelling units per
acre.
PLANNING COMMISSION..RECOMMENDATION: . The Planning Commission recommended
that the building permit not be withheld, but that staff be directed to
monitor the flow on the subject line.and study alternatives for relieving
same.
The Planning Commission recommended-that no action be taken for the following
reasons:
1) The staff_stated. the General_. Plan_ recommended a- density not to exceed
30 dwelling units per acre.
2) The average density of existing - multiple family development in the area
was 30 plus dwelling units per acre.
3) The existing zoning, although. -it -did not-conform to either the proposed
or the adopted General Plan, had.not.been removed and permitted a
density of about 38 dwelling units -per acre.
' Mayor Schwartz declared the public hearing open.
No one appeared before the City Council.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Petterson, seconded by Mayor Schwartz the City Council
accepted and approved the recommendation of the Planning Commission. Motion
carried, Councilman Gurnee absent.
E) Morton Company, 1515 Mill Street, request for a building permit to
construct a three unit apartment.
PROBLEM: The project would not be provided with sufficient fire flow because
an existing standard fire hydrant at Mill.and California was not served by
an adequately sized water line. There was.an existing 16 inch main in
California which could serve the existing hydrant, but required the instal-
lation of a lateral from the 16 inch main to the existing hydrant.
PLANNING COMMISSION RECOMMENDATION: ... The Planning Commission recommended
that, pursuant to code requirements., the building permit be withheld until
the subject hydrant lateral was installed. Planning Commission also recom-
mended that the City Council review City policy with respect to possible
City participation in the cost of.the subject.line since its installation
would alleviate an existing neighborhood-deficiency,
' Mayor Schwartz.declared the public.hearing open.
No one appeared before the City Council..
Mayor Schwartz declared the public hearing closed.
City Council Minutes
August 18, 1975
Page 10
Councilman..Norris felt that in older parts of the City, the City government
should pay a portion of upgrading fire hydrants for the good of.the whole
neighborhood.. He felt it was only fair to.the people ..who..had..paid taxes
for many years that they get some return. .He stated the City-should not
expect someone who was attempting to develop one or two units to have to ,
bail out the entire neighborhood for fire protection.
Upon question of staff by the City Council, the City Engineer, Utilities
Engineer and Battalion Fire Chief did not.clearly have all the information
on what it would take to resolve this deficiency.
It was moved by Councilman Petterson, seconded by Councilman Norris that
the matter be continued for a complete staff report on the issue including
possible joint participation by the City.
Mayor Schwartz felt that the City should follow the existing City policy on
hydrant installations, particularly when properties were being developed.
Motion lost on the following roll call vote:
AYES: Councilmen Petterson and Norris
NOES: .Councilman Graham and Mayor Schwartz
ABSENT: Councilman Gurnee
On motion of Mayor Schwartz, seconded by Councilman Graham that the matter
be continued to September 2, 1975 for an adequate-report by staff including cost I
elements to the City if they were to participate. Motion carried on the following
roll call vote:
AYES: Councilmen Graham and Petterson and Mayor Schwartz
NOES: Councilman Norris
ABSENT: Councilman Gurnee
3A. At this time the City Council considered the FINAL PASSAGE of
ORDINANCE NO. 642, an ordinance of the City of San Luis Obispo amending
various Municipal Code sections to authorize the establishment of water
rates by resolution.
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 Graham, seconded by Councilman Petterson, Ordinance
No. 642 was introduced for final passage.
Finally passed on the following roll call vote:
AYES: Councilmen Graham, Norris., Petterson and Mayor-Schwartz '
NOES: None . „
ABSENT: Councilman__Gurnee
City Council Minutes
August 18, 1975
Page 11
3B. At this time the City Council considered the-adoption of a
resolution establishing _water.rates,.effective.October 1, 1975. Basically
the water rates would be-an overall-increase-of-20-percent over current
water rates, and these rates would be an interim measure until water studies
' had been completed.
Councilman Norris stated that he was.opposed to imposing'a 20 percent increase
on water rates to the citizens of San Luis Obispo. He felt that the City
staff had not demonstrated any need for-additional-funds, that the budget had
been approved, and he felt the City Council was just raising rates in order
to have more money to spend-on-non--essentials. He reminded the City Council
of the 427 persons_who.signed _ the.petition.in opposition to the City purchasing
San Luis Peak and urging the City Council not to waste-the money.
Mayor Schwartz declared the public hearing open.
No one appeared before the City Counci.for or against the rate increase.
Mayor Schwartz.declared the public.hearing closed.
On motion of Councilman Graham, seconded . by. -Councilman Petterson the following
resolution was introduced: Resolution No. 2871 (1975 Series), a resolution
of the Council of.the City of San.Luis Obispo establishing water rates.
Passed and adopted on the following roll call vote:
AYES: Councilmen Graham and Petterson and Mayor Schwartz
NOES: Councilman Norris
' ABSENT: Councilman Gurnee
9 p.m. Mayor Schwartz declared a recess.
9:15 p.m. The meeting reconvened with all Council members present except
Councilman Gurnee.
4. The City Council considered the FINAL_PASSAGE of ORDINANCE NO. 643,
an ordinance of the City of San Luis Obisp.amending the Municipal Code to
authorize the establishment of building permit and plan- checking fees by
resolution of the Council.
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 Petterson, seconded.by Councilman Graham, Ordinance
No. 643 was introduced for final passage.
Finally passed on the_following roll .call vote:
' AYES: Councilmen Graham, Norris., Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman -Gurnee
4B. At this time the City Council.considered the adoption of a resolution
establishing fees for building permits and plan - checking services.
City Council Minutes
August 18, 1975
Page 12
Mayor Schwartz declared the public hearing open.
F.L. Strong, CEBES, opposed to the City adopting rates-by resolution without
setting for public hearings. He felt in this way some future unscrupulous
Council could continue to raise rates without any input.from the.public. He '
also felt that the increase being proposed.by_the.City was just.one more
attempt to stop construction in the City by making construction prohibitively
expensive.
No one else appeared before the City Council.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Petterson, seconded by.Councilman Graham the following
resolution was introduced: Resolution No. 2872 (1975 Series), a resolution
of the Council of the City of San Luis Obispo establishing fees for building
permits and plan - checking services.
Passed and adopted on the-following roll call vote:
AYES: Councilmen Graham, Norris, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
5. Memorandum from Wayne Peterson, City Engineer, regarding California
Boulevard - Hathway to Foothill. He stated that the City had now received
a report from Safeco Title Insurance Company, which could find no reason ,
why the City was not the owner of California Boulevard between Hathway and
Foothill Boulevard.
In 1919 the City signed a subdivision map entitled, "California Park." On
this map the City.accepted.the right -of -way for California Boulevard and
for other streets in this subdivision. Therefore, it was his opinion that
the City was responsible for maintaining this street.
He stated that with the resolution of.the problem of who owned California Boulevard,
the staff recommended that the -City Council.authorize the Engineering Division
to begin design of one of the alternatives shown on the exhibit included
with Mr. Romero's memorandum dated June 30, 1975. If the City Council found
Alternate A to be the desirable improvement,.then staff recommended that
the Council make a preliminary determination and pass a public necessity
and convenience resolution requiring.the installation of curb and gutter
improvements by the owners of the properties fronting California Boulevard.
If the Council chose not to do Alternate B. which showed a bike lane on
the westerly side of the palm trees adjacent to the Southern Pacific Railroad
right -of -way, then a letter should be sent to the State Department of
Transportation-declining the use of the bike way funds that were designated
for this bike route.
R.D. Miller, Administrative Officer, recommended that the design be authorized
to proceed on Alternate A, that Mr. Romero continue negotiating with Cal Poly '
on sharing of cost, and-he also attempt to.secure a Quitclaim Deed from Cal
Poly, then the Council could commence legal proceedings requiring installation
of curb and gutter improvements by the Southern Pacific Transportation Company
as recommended.
Mayor Schwartz declared the meeting open to public input.
City Council Minutes
August 18, 1975
Page 13
Kevin O'Connor, representing Cal Poly, -ASI, stated that they recommend the
modified Plan A, with two driving lanes, two parking lanes., and two bike
lanes.
No one else appeared before-the City Council.
' Mayor Schwartz declared the public input closed.
On motion of Councilman Petterson, seconded by Councilman Graham the City
Council took the following action:
1) Adopt Alternate A as modified.
2) The City would continue to work with .Cal Poly in an attempt to get
a Quitclaim for California Boulevard, and to see if Cal Poly would
grant funds for cooperative improvement of California Boulevard.
3) That the City order the Southern Pacific Transportation - Company to
install curb and gutter at their property lime.
4) That the City notify CalTrans to drop the $500 for the bike path.
Motion carried on the following roll call vote.:
AYES: Councilmen Graham, Norris, Petterson and Mayor Schwartz
NOES:. None
ABSENT: Councilman .Gurnee
On the resolution of public convenience and necessity ordering the Southern
Pacific Company to make the necessary improvements, on motion of Councilman
Petterson, seconded.by Councilman Norris the following resolution was introduced:
RESOLUTION NO. 2874 (1975 Series) a resolution of the Council of the City of
San Luis Obispo requiring curb and gutter improvements on California Boulevard
in the City of San Luis Obispo.
Passed and adopted on the following roll call vote:
AYES: Councilmen Graham, Norris., Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
6. Communication_ from Charles Dills, Chairman., Citizens Advisory
Committee, recommending that the City convert Community Development fees
to resolution and adopt a.new fee schedule by resolution.
On the matter of the fees recommended by the Citizens Advisory Committee,
it was continued to a City Council study session of August 26, 1975 at
12:10 p.m.
7. R.D. Miller, Administrative Officer, reported relative to the
' Troutner matter stating that it appeared clear that he did not obtain the
proper permit before grading the parking area across from his nursery on
Higuera Street, but -based on staff reports-on the fact that the present
condition did not really constitute a nuisance, he, the Administrative
Officer, did not feel any useful purpose would be achieved by taking action
to abate the fill at least until further development took place.
City Council Minutes
August 18, 1975
Page 14
However, he was advised that the use of this property-for parking purposes
and for storage had not been legally established, and should problems arise
the City should reserve the right to conform such use at some later date.
He recommended that Mr. Troutner and the owner of the property on which
the grading was done should be so advised. He.stated that the Council ,
should be advised that should the City wish to issue a misdemeanor complaint
for improper grading, which had taken place within the past year, it could
do so if the City had proof of who did the work and under whose authority.
Robert Strong, Community Development Director, stated that he and his staff
did not feel that this alleged grading was a problem or a nuisance. Further,
they did not wish to legitimize it by approving a non - authorized use for
parking or storage purposes.
On motion of Councilman Norris, seconded by .Councilman Petterson that the
City Council accept the staff recommendation. Motion-carried, Councilman
Gurnee absent.
8. Paul Landell, City Engineer' -s staff, submitted an additional
progress report regarding the illegal dumping in San Luis Creek at Prado
Road. He stated that certain bulldozing work was done on-the property
at the direction of the San Luis Obispo Fire Department in July, 1974.
However, the contractor, Barney Duveneck, received strict instructions
about not putting anything -in the creek and they would have to exercise
extreme care in leveling and de- weeding. He stated that no material of
any sort was pushed over the bank. He also mentioned that the site had
a considerable amount of concrete and asphalt mixed with the piles of
dirt which existed at that time. ,
Therefore, Mr. Landell stated he was unable to find.an uninvolved person
with an accurate memory o£ what the lot was like right. after.de - weeding
in July, 1974. It was acknowledged that a great deal of the subject site
was constructed with fill which had been placed in San.Luis Creek over
the years. He felt this should be kept in mind on future development of
the property.
On motion of Councilman-Norris, seconded by Councilman Graham the report
was ordered received and filed. Motion carried, Councilman Gurnee absent.
9. The City Council again considered the City Clerk's report on bids
received for WATER-SYSTEM IMPROVEMENTS, TRANSFER STATION, PUMPING FACILITIES,
STENNER CREEK ROAD, City Plan No. 15 -75. Bids opened on July 29, 1975
and the proposal continued from the meeting of August 4, 1975.
Robert Mote, Utility Engineer, informed the City Council that bids received
on this project. were approximately 90 percent more than the City's estimate.
He stated City staff.reviewed the design-and felt that realigning some of
the piping could affect a considerable saving in.this project. He felt
there would be certain advantages to the City if they were to purchase
the needed pump and motor for.the project under separate contract as soon
as possible, which would reduce the anticipated delivery time delay. With
the equipment on hand they could go to bid on the balance of the project,
eliminating any.question of availability or adaptability and we might avoid ,
any pending price increases.
He recommended that the City Council Vie, advised to-reject all bids for the
project and to direct staff. to redesign and.readvertise.
City Council Minutes
August 18, 1975
Page 15
On motion of . Councilman Petterson, seconded by Councilman.Graham that the
City Council reject all bids for the WATER SYSTEM IMPROVEMENTS, City Plan
NO. 15 -75. Motion carried, Councilman Gurnee.absent.
' Robert Mote -then submitted for.the Council.'s consideration specifications
for purchase of pump and motor for transfer stati.ow and authorize staff
to call for bids at an estimated cost of $6,500.
On motion of Councilman•Petterson, seconded by Councilman Graham the plans
and specifications were.approved.and the City staff was authorized to
advertise for bids.
10. At-this time the City Council considered the ordinance establish-
ing the tax rate for _ the.1975 /76 fiscal year.
Administrative Officer, Richard D. Miller, recommended that the City Council
continue the 1974/75 tax rate of $1.25, which was reduced last year below
the historical $1.50.t
On motion of Councilman-Petterson, seconded..by Councilman Graham the following
ordinance was introduced: Ordinance No. 645 (1975 Series), an ordinance levy-
ing a tax for the current 1975/76 fiscal year upon.all taxable property within
the City of San Luis Obispo and fixing the rate of such tax.
Passed to print. on the following roll call vote:
AYES: Councilmen.Graham, Norris, Petterson and Mayor Schwartz
NOES: None
IABSENT: Councilman Gurnee
11. Communication.from Peter Andre, Attorney for Middlehouse, requesting
that the City Council waive the building.permit fee for construction of the
addition at Middlehouse, a non - profit corporation.
This request was being made on the basis that this facility provided a much
needed program for the County and the saving of the permit fee would help
with the cost of construction. .
R.D. Miller, Administrative Officer, recommended that the City Council not
waive the permit fee for construction of anything.
On motion of Councilman Petterson., seconded by Councilman Norris that for the
building permit fee for Middlehouse funds be taken out of the HRC funds.
Motion carried.
The City Clerk was instructed to write the Human Relations Commission
explaining the Council's action of paying for this out of their budget.
12. Communication from the Finance Department submitting a program
for implementation of the parking ticket operation as of September 1, 1975
submitting procedures and a program for assuming-the operation from the
Municipal Court. Estimated cost for ten months, through June 30, 1976,
' for personnel, office expense, and data-processing equipment was $16,249.
Ron Dunin, Downtown Association President, asked that the City Council take
no action on the.recommendations to increase parking fees, but wait until
the Downtown Association -had an opportunity to review and.come up with a
complete study for the Council's consideration., not only on parking fees,
but parking meter fees., etc.
City Council Minutes
August 18, 1975
Page 16
On motion of Councilman Petterson, seconded by Councilman Norris the following
resolution was introduced: Resolution No. 2873 (1975 Series), a resolution
increasing the 1975/76 budget.
Passed and adopted on the following roll call vote:
AYES: Councilmen Graham, Norris, Petterson and Mayor- Schwartz '
NOES:. None
ABSENT: Councilman Gurnee
13. Council consideration of the Mass Transportation Committee meeting
of August 11, 1975 making the following recommendations to the City Council:
A) Consideration of-routing bus 3 through the Madonna Road Shopping Center.
The Committee requested that Route 3 bus be directed through the Madonna
Road Shopping Center on both in- coming and out -going routes. This would
add approximately.three miles for each round trip.. However, the Committee
felt that the higher.level of service was well worthwhile and could be added
within the present schedule.
R.D. Miller, Administrative Officer, stated that if this were implemented,
it would cost the City an additional $10,000 a year by routing this through
this recommendation.
Based on the figures submitted by the Administrative Officer, the matter was
continued and referred to the Mass Transportation Committee for additional
study. '
B) Discussion of transfer control at City Hall.
The Mass Transportation Committee requested that all bus transfers be
eliminated. This was a basic change in their philosophy-relating to fares.
D.F. Romero, Public Services Director, explained the problems involved in
changing from one bus to the other and in trying to control.the passengers.
Councilman Norris moved that the City Council ask the Mass Transportation
Committee to use paper transfers on a trial basis. Motion lost for lack of
a second.
On motion of Councilman Graham, seconded by Councilman Norris that the matter
be referred back to the Mass Transportation Committee to come up with new
ideas on this transfer control. Motion carried, Councilman Gurnee absent.
14. Council consideration of the League of California Cities Legislative
Bulletin dated August 8, 1975 was continued to the August 19, 1975 study
session. Motion carried.
On motion of Councilman Norris, seconded by Councilman Petterson the meeting
adjourned to August 19, 1975 at 12:10 p.m. Motion carried.
APPROVED: November 3, 1975
, ..H. Fitzpatrick,. City Clerk