HomeMy WebLinkAbout09/02/1975MINUTES
ADJOURNED MEETING -OF THE CITY COUNCIL
CITY OF SAN -LUIS OBISPO
TUESDAY, SEPTEMBER-2. 1975 - 12:30 P.M.
COUNCIL CHAMBERS, CITY HALL
Pledge
Roll Call
PRESENT: Myron Graham, Jesse Norris, Steve Petterson and
Kenneth Schwartz
ABSENT: T. Keith Gurnee
City Staff
.PRESENT: J.H.'Fitzpatrick, City Clerk; A.J. Shaw, Jr.,
City Attorney
1. Ron Dunin, President of the Downtown Association, reviewed for
the City Council the parameters of the proposed B.I.A. being considered
under the provisions of AB 103, which the downtown business community are
asking the City Council to implement.
He reviewed with the Council what the merchants expect to accomplish through
the formation.of.the_B.I.A. and what other communities had accomplished
under this same law.
Mr. Dunin stated after discussion that they requested that at least six
members of. -the nine .member board proposed as Board of Directors be members
of the Downtown Association and nominated by.the Downtown Association. If
not, they felt that they must withdraw their support to the formation of
the Business Improvement Area because the Downtown Association had been
spearheading.the formation of this district.
The City Council discussed with Ron Dunin the various elements of the
proposed Business-Improvement Area and.after - discussion it was the consensus
.of the Council that any one of the 405 business license holders in the
District, would-be eligible.to serve.on the Area Board of Directors and that
they would not have to be members of any specific group or organization in
order to qualify.
1:30 P.M. ..Councilman Norris left the meeting.
The Council continued general discussion of the possible formation of the
Business Improvement Area as requested by Ron Dunin through the Downtown
Association.. The matter was continued for further discussion at this
evening's Council meeting.
2. The City Council then discussed progress of the County of San Luis
Obispo in their Capital Improvement Program wherein they had discussed the
possible removal of County facilities from the City of San Luis Obispo. The
Council's questions were:
1) The cooperation of the County with the City in developing information;
2) The-progress-of staff studies with County staff; and
3) The staff positioning the Council�..on..possible County locations for
improvements..and_the.effect on possible private development in these
same areas.
After discussion on the lack of information coming from the County, the
City Clerk..was..authorized and directed to write'a.letter to the County
Board of Supervisors stating that the City Council was still vitally
interested in working with the County Supervisors on their Capital Improve-
ment Program as it involved decentralization and possible relocation of
County facilities.inside and outside the City of San Luis Obispo; to remind
-th -e 5 --
City Council Minutes
September 2, 1975
Page 2
the Board of Supervisors that a Council subcommittee had been appointed
to work with the Supervisors and it was hoped that the County would
continue to work with the City on this project.
3. Councilman Gurnee submitted a memo in his absence stating that
due to his employment he would be unable to attend further noon meetings
and hoped that the City Council would schedule meetings prior to 10:30 a.m.
in the morning.or afternoon as he felt that the Tuesday noon study sessions
had been of great benefit to the City of San Luis Obispo. He therefore
urged the Council to try and arrange a schedule where all could be present.
After discussion by the City Council, it was decided that the Tuesday noon
study sessions would be held starting on September 10, 1975 on Wednesday
at 4:00 p.m. and go until about 5:30 p.m. on just strictly study items.
4. The meeting adjourned at 2:00 p.m. on motion of Councilman Graham,
seconded by Councilman Petterson. Motion carried, Councilman Gurnee and
Councilman Norris absent.
APPROVED: v
FITZPATRICK, City Clerk
1
1
Pledge
Roll Call
City Staff
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, SEPTEMBER 2, 1975 - 7:00 P.M.
COUNCIL'CHAMBERS, CITY HALL
PRESENT: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz
ABSENT: Councilman Norris (arrived at 7:45 P.M.)
PRESENT: J.H. Fitzpatrick, City Clerk; J. Stokkton, Assistant
Director of Parks & Recreation; R.D. Miller, City
Administrative Officer; W. Peterson, City Engineer;
D. Romero, Public Services Director; A.J. Shaw, Jr.,
City Attorney; D. Smith, Associate Planner
1.
At this time the City Council held a Public Hearing on the proposal
to amend the fee structure for zoning and planning applications as follows:
Use Permit.
Variance
Zone Changes
Rubdivisions (Tentative)
Subdivisions (Final)
Minor Subdivisions (1 -2 Lots)
Minor Subdivisions (3 -4 Lots)
Site Plan Review (A.R.C.)
(except single . family homes)
Initial E.I.R. Studies
Planned Developments
(Preliminary)
Planned Developments
(Precise)
Appeals of Zoning Decisions
$100
$100
$250
$100 plus $ 3/la
Same plus plan check
$ 75
$150
$ 50
$ ;b0
$250
$100
$ 50
Mayor Schwartz declared the Public Hearing open.
Dennis Wheeler, Contractor, representing the Contractors' Association,
agreed with the City Council that.the proposal to increase fees would be
beneficial to the City but.he hoped that with the increased fees that the
Planning and Building Department would be able to give some serv¢¢e to the
people who used the office, such as contractors, developers, etc., which
he felt . now had been given grudgingly or not at all. The only fees that
he felt should be looked at carefully were the fees for appeals to decisions
by the City Council. He felt that once the contractors and developers had
gone through the process, had paid their fees as they moved along, he did
not feel that they should have to pay to appeal to the City Council.
Mike DeNeve, Manager of the Building Contractors' Association, felt that
services should be provided and upgraded now that the Council was increasing
the fees for service. He hoped that.the City would provide adequate service
' with the increased.fees. He also opposed the suggested fees for appeals to
the City Council.
Mayor Schwartz declared the Public Hearing clospd.
Councilman Gurnee stated that he agreed with the fee proposal except with
the possible exception of the fee for appeal and he hoped that the City would
provide better service with the higher fees in the Planning and Building
Department. He hoped that the Administrative Officer would see that these
services were provided to the people.
CITY COUNCIL MINUTES
SEPTEMBER 2, 1975
PAGE TWO
Councilman Petterson agreed with the increased fees and also hoped that
the City Planning and Building Department would provide adequate services
to the users of these services.. He continued that the City Council was
now spending one meeting a week to review and upgrade the management of
the City's operating and that the Planning and Building Departments were
next on their study agenda.
Councilman Graham said he would.supporttthe fees and he also felt the
services should be upgraded but he felt that the fees perhaps should not
be increased until the so- called "one - stop.counter" had been implemented
which had been approved by the Council last year.
Mayor Schwartz felt that there was a need of upgrading the fees but also
felt that the service could be improved if the fees were increased but he
knew that just increasing the fees would not bring about an increase in
service. He felt this was a matter of management and a matter of depart-
mental supervision and he hoped that the City staff would take note of the
Council's concerns.
On motion of Councilman Gurnee, seconded by Councilman Graham all of the
fees proposed.above for zoning.and planning applications were approved
except. the $50.fee for appeal of zoning decisions. The fee for appeals
was continued to the meeting of September 15 for further analysis by staff
at which.time a resolution for fees.for all zoning and planning applications
would be considered. Motion carried with Norris.absent. .
2. At this time the City.Council considered the Final Passage of
Ordinance No. 644, an ordinance amending the Municipal Code to authorize
the establishment of Community Development Fees 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.Gurnee, seconded by Councilman Graham, Ordinance
No. 644 was introduced for final Massage and passed on the following roll
call vote:
AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman Norris
3. At this time the City Council considered the final Massage of
Ordinance No.. 645, an ordinance levying 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.
Mayor Schwartz deciared the Public Hearing open.
No one appeared for or against the proposed ordinance.
Mayor Schwartz.declared the Public Hearing closed.
On motion of Councilman.Graham, seconded by Councilman Petterson the Ordinance
No. 645 was introduced for final passage.
Passed and adopted on the following roll call vote:
AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman Norris
CITY COUNCIL MINUTES
SEPTEMBER 2, 1975
PAGE THREE
4. . At,this time the City Council held a Public Hearing ontthe
recommendation of the Planning Commission to rezone. 2740 and 2790 Broad
Street from M Zone to C- H- S.Zone, Dennis Wheeler, applicant.
Dan Smith, Associate Planning- .Director,.presented the recommendation of
the ,Planning Commission urgingtthat the City Council approve the rezoning.
1)) The rezoning is in conformity with the General Plan and
' staff_ recommends revisions to the General Plan.
2)j-The rezoning.will.permit an.appropriate range-.of uses
compatible to.those existing in this vicinity; and
3))-'The subject rezoning will have no substantial adverse
environmental impact.
Mayor Schwartz declared the Public Hearing open.
Dennis Wheeler, property owner, appeared before the Council on behalf of
the requested rezoning, and urged that the Council accept the recommendation
of the Planning Commission:
Mayor Schwartz declared the Public Hearing closed.
On motion of Councilman Graham, seconded.by Councilman Petterson the following
ordinance was introduced.T Ord n ance _.No. 646 (1975 Series), an ordinance
amending the official zone map of the-City of San Luis Obispo (to rezone
2740 and 2790 Broad Street).
Passed to print on the following roll call vote:
AYES: Councilmen Graham, Petterson, Gurnee and Mayor Schwartz
NOES: None
ABSENT: Councilman Norris
7:45 P.M.. Councilman Norris took his place at the Council desk.
5A. The City Council continued.their Public Hearing to consider-reports
from the Planning Commission concerning.City Resource Deficiency relative to
the following project pursuant to the provisions of Ordinance 604 -A:
1) Request for a: building permit to construct a three unit
_apartment at 1550 Mill Street in the R -3 Zone, Morton Company, applicant
(continued from the 8/18/75 meeting).
Robert Mote, Utility Engineer, presented a report to the City Council dealing
with the deficiency for.1550 Mill Street.fire hydrant installation. In
reviewing past City practices in installing fire hydrants and alternatives
for placing the hydrants and who would .pay for the installation, he'felt.some
of the considerations the Council.must..consider. in paying for these hydrants
would be: Who would gain benefit? the developer, the City or other benefited.
property owners.
Usually the option as far as.the...City-was.concerned.would be to allow the
developer, if the project was sufficiently funded, and especially if the time
schedule for the developer required installation, then he might go ahead with
construction at his own expense.
As for City participation in the cost-of the fire hydrant installation, there
were two situations in which the City could pay for.part.or all of the cost.
1) .Where the fire hydrant installation was'part of a specific
capital improvement project or ongoing capital improvement program.
CITY COUNCIL MINUTES
SEPTEMBER 2, 1975
PAGE FOUR
2) Where the fire hydrant installation replaced an.existing
deficient fire hydrant installation, in..which case reimbursement up to
80% of the value of a newly installed equivalent of the duplicated
facility might be made by action of the City Council.
Jack"Wainscott, Battalion Chief for-the Fire Department, submitted a report
for the City Council stating that the fire protection service at 1550 Mill
Street had a low volume of fire flow available for the entire area and the
Fire Department strongly recommended upgrading the entire area and it should
be done partly at City expense.
Councilman Norris stated that he objected to the City Council not taking the
leadership in reducing the fire flow deficiencies throughout the City. He
felt that it was the City's responsibility..to provide all citizens with
adequate fire protection and, based on.the comments of the Utility Engineer
and the Fire Department, this area was deficient.
Councilman Norris moved that the City. Council take action to bring fire
flows-up to standard in this area_by putting in one.fire hydrant as required.
Motion lost for lack of a second.
Mayor Schwartz declared the.Public Hearing open.
Mr. Morton, property owner, asked .that he be granted a waiver from correct-
ing the 604 deficiency of fire flows and hoped that Council would not expect
him to update the entire neighborhood when all he was.developing was the
last lot in this tract.. He felt that this.was an imposition on one person
or one property owner in attempting to provide housing in the community.
Mayor Schwartz declared the Public Hearing closed.
A.J. Shaw, City Attorney, stated that.the City Council could determine that
the public health and.safety.required..the installation of-this hydrant and
that if the Cityswished, they could force the property owner or developer
to replace the hydrant or not approve the permit and conversely the City
could take the initiative and replace the hydrant themselves.
Councilman Gurnee agreed that this triplex was not creating the deficiency
in the. area so he felt that a waiver should be granted to the property owner
and that the capital improvement program update the deficiencies throughout
the City as soon as possible and make this improvement at this.time.
Councilman.Norris moved that the City.provide funds from one - half.budget
allocation and install the necessary equipment to alleviate the-fire flow
deficiency. Motion again died for lack of a second.
On motion of Councilman Norris, seconded.by Councilman Gurnee that.the City
establish a zone of benefit for this.hydrant installation, assess Morton his
share and pay the balance as part . of the one- quarter.allocation of City
deficiencies.
Motion carried on the following vote:
AYES: Councilmen Norris, Gurnee, Graham and Pettetson
NOES: Mayor Schwartz
ABSENT: None
6. Communication from E.E..French, attorney, regarding proposed
McMillan.Assessment.District for installation of sewers, continued from
the Julye7.;e1975 meeting.
Wayne Peterson,.City Engineer, stated that._bhe staff had reviewed the.
request of Charles French and felt that the aneaacould be.served appro-
priately by paralleling the existing.force main from the Rockeiew Lift
Station with a new gravity main and the-addition of gravity lines to the
various side streets to provide service to each parcel. He continued that .
C'�
CITY COUNCIL MINUTES
SEPTEMBER 2, 1975
PAGE FIVE
presently there were approximately._50.acres.of unsewered land lying
between Broad-Street and Southern..Pacific Railroad and north of Capitolio
to Morrison Street. Much of this land.was now in large acreage and did
not..require..sewers but would.receive.a direct benefit-from the sewer .
district.. Therefore, the staff recommended that the Council pursue the .
formation of.a.district encompassing the entire area. If this were not
authorized;.the alternative would be.a small district of about .ten and
one- halfw(10 -1/2) acres. The Council.might want . to establish -.a zoiie.of
benefit around this small district to help in the cost. The City would
be reimbursed by.the properties around -the district.when:th_ey tied into,
the new lines.
The City Engineer proposed that the district be responsible for all con=
struction costs, legal costs,.reimbursement for excess capacity at Johnson
and all trunk.lines and excess capacity at'Rockview Lift Station and force
main. The cost might be distributed based on acreage or'a combination of
acreage and.front footage. He recommended the combination spread with those
properties having the sewer in the street, paying frontage fee..and all .
..remaining costs.including reimbursement.to the City for capacity rights
in:the City facilities to..be spread by acreage.over..the..entire area..or
district at the City Council's direction.
Finally, the. -City would do all-engineering and prepare all maps prepared
for processing the-district-but legal assistance would be provided at the
cost of the district. The staff requested that the City Council make the
following-determinations in order that a formal petition maybe . circulated
and legal proceedings begun:
1). Which district.to.pursue;.. :..
.....2)...If the.small district.were pursued,.would.the.City establish
a zone of.benefit.to obtain reimbursement.from.areas not.in..the district?
This implied.that the City would carry -.a share. -of the cost.: . .
3). Was it.proposed to assess.by.combination.of.front footage
and acreage..acceptable?
4). Would the City handle engineering costs ?.
.5) Would the City be willing to purchase the bonds.for the project?
6) -If the City purchased.the bonds, what interest'rate would be
used.and. over what-period could.they be repaid2
D.F. Romero; Director of Public Services, reviewed past - .history..of.- formation
of special assessment districts including -the informal petitions from the
property owners, contributions ..by..the.City,...type.of processing,.etc. .
The City.Council.felt.they needed.more_time -to discuss the matter and the
entire project was continued.to a study session for full infommation of
special assessment district.matters, suggested-for October 13, 1975.
7. Communication from.Ron.Dunin,..President:of the Downtown.Association,
requesting that the City C cil oun adopt a resolution of intention to establish
a Business Improvement District under:the.provisions of.Assembly Bill 103.
The proposed uses.of.the district-funds would be the acquisition,,construction,
maintenance of parking - facilities; decoration.of any.public place in the area;
.promotion of public events.which..are.to.take place on or-in public.-places;
furnishing of music;.the general promotion of retail trade activities in the
area:..: The .. proposed..tax.revenue..would.be derived from a.100% increase in the
City's.Business License Tax for all licensed businesses in..said area.. The
District would generally be from,.Santa:.Rosa s.tree.t..to an-extension of Beach
Street- and .between.Palm Street and Pacific.Street. He.also asked the City
Council that.if the District. was. formed •that_the.Downtown..Association who had
spearheaded this.-operation from.their,.,funds, be reimbursed.from District
revenues.,for out of pocket expenses including postage with a- maximum of $400
to the steering committee.-for properly .documented..expenditures after September 2,
1975.
CITY COUNCIL MINUTES
SEPTEMBER -2, 1975
PAGE SIX
On motion of Councilman Gurnee, seconded by Councilman Petterson the
following resolution was introduced: .Resolution No. 2879 (1975 Series),
a resolution of intention to establish a parking and business improvement
area within the downtown section of the City of San Luis Obispo and setting
a hearing for October 6, 1975.
On motion of Councilman Graham, seconded by Councilman Gurnee thatfifltheng
district were formed and became operative, it was the Council's intention
that revenues collected from the district should be subject to .payment of
the following expenses incidental tb the 6ormation of the district:
1) Actual City out -of- pocket expenses, such as postage, etc.
2) A maximum of $400 to
committee for properly documented
September 2, 1975.
Motion carried. All ayes.
the Downtown Association's steering
out -of- pocket expenses incurred after
9:00 P.M. Mayor-Schwartz-declared a recess.
9:15 P.M. The meeting reconvened, all Councilmen present.
8. Communication from Warren F. Dolezal, Los Verdes Park, requesting
Council direction in the matter of the day care center indicated on the
precise planoof Phase II of Los Verdes Park and also on the matter of the
temporary water reservoir.
Warren Dolezal stated that, during the precise plan hearing of the Planning
Commission for approval of the second phase of Los Verdes Park Tract, he
submitted plans for future use of Parcel Lot 97 on what was proposed as a
privately operated and owned day care center upon which site the temporary
water reservoir.approved by the Council had been placed to allow continua-
tion of the construction during the water moratorium problems. Now that
the water moratorium - problem had been solved and they were moving ahead
with Plan II, there was some question by staff on the interpretation of
whether Lot 97 with the removal of the reservoir would still be allowed
for the day care center. Mr. Dolezal..continued that it always was their
intention to develop the day care center but not as part of the tract but.
a separate operation from the development. Therefore, he was asking clar-
ification of this matter.
Also, he would like Council's direction on when he could remove the temporary
water reservoir, as the future tenant of the day care center was anxious to
begin planning for the construction'of this unit. But he'said that in talk-
ing with some of the staff members they felt there might be a long period of
time before.the water system recently installed would be on line and he was
just asking for Council direction on these two matters.
A.J. Shaw, City Attorney, stated that in reference to Mr. Dolezal's letter
that.he wished to remove the water reservoir required by the City in Los
Verdes Park, the reservoir could be removed as soon as the City's new water
tank came on line and City Engineer.certified the tank was working properly.
Therefore, in view of Mr..Dolezal's new -found urgency, the Attorney suggested
that the Council'obtain'a date certain from the City Engineer that the new
tank would be - expected to be working properly and that the Council advise
Mr. Dolezal that he could and must remove the reservoir as soon thereafter
as reasonably possible.
Wayne Peterson, City Engineer, reported.to the City Council that the-City
was presently. filling the Edna Saddle Water Tank with high chlorine content
water. The filling operation would be completed by September 1, at which
time a bacterial content sample on September 2 would be taken and if it met
the required standards by the Health Department, the tank would be available
for interim use September 6. On September 11, the equipment suppliers would
be on hand to begin start -up operation and adjustments to the equipment. If
all went well, he estimated the tank would be on line and in use in the Los
1
1
1
CITY COUNCIL MINUTES
SEPTEMBER 2, 1975
PAGE SEVEN
Osos Valley by September 18. Even if-there were some minor problem
with the chlorination equipment•at the site, -the tank would -- still -be
available.in case of high demands due to.either fire flows or exten-
sive hot weather.
Mayor Schwartz stated that in-reviewing the documentation and hearing
the evidence presented this evening, it was his.impression that in
' the original development of .Phases L and II•of the Los Verdes Park
Tract -it was understood that the day care.center was to be part of the
Phase II development and an integral part of the overall approval of
the City of this Tract.
Councilman Gurnee stated that it was on the basis that the day care
center was-•included in Phase II that.the Tract was approved by the City.
Councilman Petterson stated that when he was a member of the Planning
Commission the day care center-was to be a part of the tract-but opera -
te& as a`private• center which was a part of the overall development of
Los Verdes Park Phase II.
Mr.-Dolezal again - stated that--it-was always fiis intention to build, develop
and operate a-day care center but•that it was not as a part of Unit I or II
but as a separate operation but what he wanted was.a Council decision on
whether he-could develop Unit II by removing the reservoir on the day care
center's lot so that he could proceed with Unit II and the day care center.
It was moved by Councilman Gurnee, seconded by Mayor Schwartz (1) that
upon certification -by the City - Engineer that the Edna Saddle Tank was on
line; the developer.be required.to remove the temporary reservoir from
Lot 97; (2) that concurrently with construction of the dwelling units in
Unit II, the day care.was to be built with a phasing of percentage occu
pancy of the units corresponding to the percentage of completed construction
of the day care center.
Motion carried. 'All ayes.
9. Communication.from the Promotional Coordinating Committee,
recommending that the City Council approve the following grants of PCC
-funds to the following organizations:
A) San.Luis.Obispo County Bandd•. $3,000.00
B) Cuesta College Booster Club 2,000.00
C) Radio Station KCPR - Cal Poly 1,000.00
-D) Paul E:-Spangler;••Competitive Runner 50.00
E) Pierre Arnaud;-Bicentennial Light and
Sound Show 300.00
F) Central Coast Children's Theatre -442.50
Homer Odom; Chairman-of the Promotional Coordinating Committee, appeared
before the City Council:and discussed-each recommendation and.the consid-
eratiori the Committee -gave for the Couricil's information. -
A) .San Luis County Band - $3,000: On motion of Councilman Gurnee,
seconded,by Councilman:Petterson . that .the City Council approve $300 to the
County Band.for.each performance.in.the-City of San•Luis Obispo and $200 for
-each performance at. 'Cuesta College for a total of- $3,000.• Motion carried,
all ayes. _.
' B) Cuesta College - Booster Club - $2;000: -On motion of Councilman
Gurnee;.seconded:.by. Councilman.Petterson, the Council approved a grant of
$1;000:to Cuesta College Booster• Club ' with ..the:Promot -ional Coordinating
Committee.to.look_with..favor upon other--requests up-to $1,000 for other
college activities not athletics. Motion carried, all ayes.
'C) Radio- Station.KCPR -Cal Poly - $1,000: On motion of Councilman
Gurnee; seconded by Councilman Graham, that the City Council accept the.
recommendation of the Planning Commission and grant $1,000 to KCPR -Cal Poly
Radio Station. Motion carried with Councilman Norris voting no.
CITY COUNCIL MINUTES
SEPTEMBER 2, 1.975 _
PAGE EIGHT �
D) Paul E. Spangler,.Competitive Runner - $50: On motion of
Mayor Schwartz, seconded.by :Councilman Graham that-the City-Council':accept
the recommendation of -the Promotional- Coordinating Committee-.and grant $50
to Dr. Paul E. Spangler for team warm -up suits. Motion carried. All ayes.
E) Pierre Arnaud, Bicentennial Light & Sound Show: On motion
of Councilman Gurnee, seconded.-by Councilman-Graham to accept the recommend -
ation.of'.the Promotional .Coordinating.Committee.and grant sufficient funds
for air"fare-- for•Arnaud..to_ visit. San .Luis -Obispo.to -investigate.the feasi-
bility of..a.light and sound'show for the Bicentennial.- Motion carried.- All
ayes. ...
F) .Central Coast Children's Theatre - $442.50: On motion of
.- :.Councilman Gurnee, seconded-.by ".Councilman Graham,'to'accept -the recommendation
of the Promotional:Coordinating 'Committee and grant the $442-:50 as recommended.
Motion carried.. All ayes.
10. Communication.from:the.City- :Attorney regarding a proposed.amend-
ment to the'Underground Utility Ordinance regarding payment-for-installation
of fire alarm systems. The City Attorney felt that in the past-the City had
been a financial participant in the.Underground Utility District trenches for
the fire alarm system and he felt that,.as this was a matter-of public.-health
and safety, the City could amend.the ordinance and only have to pay for.the
cable and equipment and not pay a 'share'of the trenching for the fire alarm
'system. "It was his feeling-that the utility companies were required to dig
the-trench for their.facilities and that there was no-reason why the City
should have to pay a portion of that cost.
Peter- R. Darnton, Marketing'Supervisor'for PG &E, urged the,-City Council not
to follow the Attorney's suggestion.but'continue to follow the existing
policy which .provided for a.pro -rata share of the cost of'the C#ty's.share
of the cost-of the total trench and.he.requested that•the -City Council not
take action on. this. item .until PG &E. '.s. attornies had- an opportunity to at
least review the suggestions made by Mr. Shaw.
Councilman Gurnee felt.that.the..City should not delay this matter but
adopt the ordinance as recommended and allow PG &E'.s attornies to clarify
it at.a' later date:
Councilman.Gurnee moved that the ordinance,be, introduced and passed to print.
Motion lost for lack of a second.
The Mayor continued the matter to October.16, 1975 as-requested by Mr. Darnton.
11. Communication from Wayne Peterson regarding water pipe specifica-
tions. In the approved plans for Edna-Valley Water Project which were.presently
being advertised, the City Engineer stated that the City had specified the use
of Johns - Mansville PVC water pipe. Since the advertising, the City.Engineer
stated that he had received a memorandum from Dave Romero, Director of Public
Services,• suggesting that. due. to recent experiences.with.PVC pipe, that this
material be deleted from specifications and particularly for this .project.
As this was a major change to'the'approved-plans, he wag asking City Council's
approval. The experience which Dave Romero referred occurred in the Laguna
Lake Park Project where two sections-of eight -inch PVC pipe split after test-
ing and under.a- static condition. Further,'in researching the use of PVC
pipe., the -City had been unable to.find Any City at this time that was using
PVC as:�a; standard material.- Therefore, the City Engineer recommended that
PVC pipe be.dropped.from this job, that the City continue to use it only on
an experimental basis, one job at a time and that all major projects be
constructed with ductile iron pipe.
Art .Shaw, City Attorney, reminded the Council of statements by himself and
Robert Paul before the City approved the use of PVC pipe as follows:
Art Shaw, City Attorney, stated he was not qualified to make engineering
determinations either as to the adequacy-and reliability or PVC pipe, how -
ever, it'appeared that the City tight be-rushing into a decision with'
'insufficient -basis for the decision:
CITY COUNCIL MINUTES
SEPTEMBER 2, 1975
PAGE NINE
1) If the City's consultant was going to recommend approval
of a radically different product of this type, he should certainly do
so in writing. It might be wise to ask him why he had not made this
recommendation prior to this date;
2) If the City was going to experiment with this type of
material for City mains, such experimentation should be accomplished
within public rights of way rather than within easements upon private
property. As the Council was aware, whenever something went wrong with
a material or method of construction upon private-property which had
been approved or permitted by the City, the owner of said property tended
to blame the City when the problem occurred, claiming that the City should
pay for relocation of the sewerline or waterlines, etc.
Robert A. Paul, former Water Department Director, City of San Luis Obispo,
had submitted a memorandum in response to an inquiry of the past practice
of the City using cast iron in preference to alternate materials such as
PVC plastic pipe. He offered the following comments:
1) As a result of past pipe failures, the City Council had
previously required the cast iron pipe be used to the exclusion of all
other materials for installation in the City's water distribution system.
As a result, grey cast iron pipe, American Water Works Association Specifica-
tion No. C106, and ductile iron pipe, AWWA Specification No. C151, have been
the only materials installed in the City in recent years.
2) The records presently available to Mr. Paul, including recently
adopted Title 17 of the California Administrative Code, indicated that PVC
plastic pipe was not yet the subject of an AWWA standard specification.
3) The City's past ability to maintain its water distribution
' system with such a limited staff must be due in part to the adequate per-
formance of the cast iron materials now in place.
4) In contrast to the construction practices that might be
tolerated during the installation of cast iron pipe, PVC plastic pipe
must be carefully bedded and back - filled in order to develop the full
strength of the pipe wall.
In Mr. Paul's opinion, the quality of contract construction talent avail-
able to the City covers a wide spectrum, including some which would not
provide an adequate long -range installation if PVC plastic pipe were used.
Warren Dolezal, developer of Tract 467 spoke in support of allowing the
use of PVC pipe which he stated was very successful and further was very
cheap and easier to handle than ductile steel pipe.
On motion of Councilman Petterson, seconded by Councilman Graham, that the
City Council accept the staff recommendation and authorize the removal of
PVC as an accepted item and that it only be used on an experimental basis.
Motion carried. All ayes.
On motion of Mayor Schwartz, seconded by Councilman Petterson to direct the
City staff to change the specifications on the Edna Valley Water Project
dropping the PVC pipe and notify all contractors with plans of this change.
Motion carried. All ayes.
' On motion of Councilman Petterson, seconded by Councilman Graham that the
staff be directed to prohibit the use of PVC pipe in Tract 444. Motion carried.
All ayes.
C -1 Claims against the City of San Luis Obispo.
On motion of Councilman Norris, seconded by Mayor Schwartz, that
the Claims against the City were approved as submitted and payment authorized.
Motion carried. All ayes.
CITY COUNCIL MINUTES
SEPTEMBER 2, 1975
PAGE TEN
C -2 The following contract pay estimates and change orders were
approved as submitted:
Gray-Construction Co. Est. 413
MEADOW PARK REC. BLDG.
Fred Julien & Associates.
LAGUNA LAKE PARK DEVELOPMENT,
PHASE III, C.P; 4132 -74
Wally LaFreniere Const. Co.'
CITY HALL REMODELING
SINSHEIMER PARK - RESTROOMS,
CONCESSION & PRESS BOX BLDG.
Pacific Erectors Corp.
EDNA SADDLE WATER TANK
C.P. 41W73 -7
Charles A. Pratt Const. Co.
WATERLINE RECONSTRUCTION
C ;P. 4121 -75
Smee's Plumbing & Heating
SANTA ROSA STREET SEWER LINE
C.P. 4117 -75
Est. 412
Est. 414
C.C.O. ,4117
Est. 413
Est. 417
C.C.O. 411
Est. 414
C.C.0.:412
Est.: 412
Est.:413,.FINAL
$23,745.10
19;346.19
47 646.00
( +400.00)
18;990:00
16,346.95
( +163.28)
32,340.53
( +2,700.00)
3,469.27
1,517.87 (10/6/75)
BROAD - ROCKVIEW SEWAGE STATION ..Est. 413 106.66
C.P. 4120 -75 Est. 414 FINAL 1,488.16 (10/6/75)
C.C:O. 411 (- $49.87, included in estimate)
C -3 A. Memo from A.J..Shaw, City Attorney, regarding repeal of
resolution to abandon portions.of Sierra Way, George Street and Iris Street.
B. Memo from Robert Strong, Community Development Director,
regarding the same, dated 8/20/75.
On motion of Councilman Norris, seconded-by Mayor Schwartz, the following
resolution was introduced: Resolution No': 2880'(1975 Series), a resolution
of the Council of the City of Sari Luis.Obispo extending the effectiveness
of Resolution No. 2656 for -six months (Sierra Way,.George Street and Iris
Street abandonment). Motion carried. All ayes.
C -4 Memo from A.J..Shaw, City Attorney, regarding use of unimproved
parking lots for commercial parking.`
On motion.of Councilman Norris, seconded.by Mayor Schwartz that the matter
be referred to the Community Development Department for inclusion in the
General Plan Regulatory ordinance. Motion - carried. .All.ayes.
C -5 Memo from D.F. Romero regarding bicycle path through Cal Poly
connecting to E1 Chorro campus was received and filed.
C -6 Memo- from'D.F.- Romero- reRarding.request.that Cal :.Poly quitclaim
California. Blvd. between Foothill and Hathway was ordered received and filed.
C -7 Council consideration of a resolution designating the City Clerk
.to act as the duly authorized representative of the Finance Director -on the 1
Whale Rock Commission.
On motion of Councilman Norris,.seconded by Mayor Schwartz, the following
resolution was introduced: ..Resolution No: 2881 (1975 Series), a resolution
of the Council of the City_of San Luis Obispo designating the City.Clerk as
the duly authorized representative-for the .City Director of Finance on the
Whale Rock Commission until further notice.
CITY COUNCIL MINUTES
SEPTEMBER 2, 1975
PAGE ELEVEN
Passed and adopted-on the following roll call 'vote:
AYES: Councilmen Graham, Norris; Petterson, Gurnee and
Mayor Schwartz
NOES: None
..ABSENT: None
C -8 Council consideration of an-agreement between the City.of San
Luis Obispo and CETA (Comprehensive Employment and Training Act of 1973).
On motion of Councilman Norris,.-.seconded by Mayor Schwartz the following
resolution was introduced: Resolution No. 2882 (1975 Series), a resolution
of the Council.of .the.City of San Luis Obispo approving an agreement pur-
suant to the Comprehensive Employment and Training Act of 1973 (CETA).
Passed and adopted on the following.roll call vote:
AYES: Councilmen Graham, Norris, Petterson, Gurnee and
-Mayor Schwartz =
NOES: None
ABSENT: None
C -9 A. Request for.encroachment permit in the height limitation for
F.-McLintock'_s Saloon sign on Higue.ra Street.
B.. Memo from Robert..Strong stating no objection to the encroach-
ment permit.
' C. Memo from.Robert..Strong suggesting the Council provide for
revokable encroachment.permit_for architectural or sign projections which
are at least 7-feet above grade and do not exceed-6 inches projection over
public right -of -way.'
On motion of Councilman.Norris, secofided.by Mayor Schwartz,.that the Council
approve request for encroachment permit in the'.height limitation for'F.
McLintock:'s Saloon sign on Higuera.Street and to provide for..a revokable
encroachment permit. Motion carried.. All ayes.
C -10 The Administrative Officer acknowledged the following promotions:
Dennis A: Bullock from Fireman.to,Fire Engineer at
Step 5 or $1,182, effective'August 16, .1975.
Emil E. Krege from Fireman -to Fire Engineer at
Step_5 or $1,182, effective August 16; 1975
--=-------------------------- ---------------------------------------------
TRAFFIC COMMITTEE REPORT
TC -1 75 -9 -1T Recommendation that two white spaces be installed.
between.the.two existing driveways in front -of the
Alta Vista School
TC -2 75 -9 -4T Recommendation that bike lanes and parking restrictions
be installed on both sides of Madonna Road between
Higuera and the intersection with the entry road to
Madonna Inn.
TC -6 75 -9 -1OT Recommendation that no parking restrictions on the
streets adjacent to.the post office be changed to
midnight to 5:00 a.m.
CITY COUNCIL MINUTES
SEPTEMBER 2, 1975
PAGE TWELVE
On motion of Councilman Petterson, seconded by Councilman Norris, the
following resolution was introduced: Resolution No. 2883 (1975 Series),
• resolution of the Council of the City of San Luis Obispo establishing
• passenger loading zone on Chorro Street, prohibiting parking on
Mdaonna Road, and prohibiting parking on Pacific Street and Morro Street.
Passed and adopted on the following roll call vote:
AYES: Councilmen Gurnee, Graham, Norris, Petterson and I
Mayor Schwartz
NOES: None
ABSENT: None
TC -2 75 -9 -4T That portion of the recommendation that bike lanes and
parking restrictions be installed on both sides of Madonna
Road from the entry to Madonna Inn and Calle Joaquin be
referred to the Traffic Committee to notify property owners.
On motion of Mayor Schwartz, seconded by Councilman Norris, that the City
Council accept the recommendation. Motion carried. All ayes.
TC -3 75 -9 -5T Recommendation that the median island in Grand Avenue
be continued northerly to an intersection with Wilson
Street and prohibition of parking on the easterly side
of Grand Avenue between Garfield and Abbott Street and
in front of the first houe southerly of the intersection
with Garfield was set for a public hearing.
On motion of Councilman Gurnee, seconded by Mayor Schwartz that the City
Council accept the recommendation. Motion carried. All ayes.
TC -4 75 -9 -7T Consideration of the installation of a Bicentennial bike ,
trail on Santa Rosa to Walnut, on Walnut from Santa Rosa
to Chorro, and on Chorro, Walnut to Marsh; parking
restriction on both sides of Santa Rosa from Walnut to
north city limits to include installation of bike lane
striping on Santa Rosa Street.
On motion of Councilman Gurnee, seconded by Mayor Schwartz, that the matter
be set for public hearing. Motion carried. All ayes.
TC -5 75 -9 -9C Recommendation by the Traffic Committee that the City
Council adopt a city ordinance which would alleviate
problems of blocked access in public ways of narrow
width.
On motion of Councilman Petterson, seconded by Councilman Graham the
following ordinance was introduced: Ordinance No. 647, an ordinance of
the City of San Luis Obispo amending the Uniform Fire Code to prohibit
vehicle parking in designated areas of private property and to authorize
removal of vehicles in violation thereof.
Passed and adopted on the following roll call vote:
AYES: Councilman Gurnee, Graham, Norris, Petterson and
Mayor Schwartz
NOES: None
ABSENT: None
On motion of Mayor Schwartz, seconded by Councilman Gurnee the following
negative recommendations of the Traffic Committee were accepted. Motion
carried. All ayes.
1
1
1
CITY.COUNCIL MINUTES
SEPTEMBER 2,3.1975
PAGE THIRTEEN
NEGATIVE RECOMMENDATIONS
TC -7 = 75- 9= 6T-.Temporary " permit. only" sign••be..placed on'-drive-to
Parking Lot #5 on Sundays not be approved.
TC -8 75 -9 -11T Modification of.the signals at the intersection of
Higuera and Madonna not be approved.
TC -9 75- 9- 13T- Restriping:;Higuera.Street.to two lanes of traffic with
installation of- temporary•traffic barricades not be
approved.
Memo from.Robert Strong regarding Higuera Street Modifi-
cations in Downtown Area.
TC -10 75 -9 -14T Relocation of loading zone in 800 block of Monterey Street
not be approved.
TC -11 75 -9 -15T Additional twelve- minute non - metered pakkipg spaces on
Palm Street by the City Library not be approved.
TC =12 75 -9 -2T Review of design of intersection of Monterey and Garfield
referred to DOT for possible need for directional signs.
TC -13 75 -9 -3T Site distance problem at northbound Chorro at Pismo
reviewed - recommend no action.
On motion of Councilman.Norris,.seconded by Councilman Petterson the City
Council accepted.the negative recommendations of the Traffic Committee.
Motion carried.
B -1 The City..Clerk reported.on.the.following bids received for the
SEWAGE FORCE MAIN, BROAD STREET.AT ACACIA CREEK. Bids opened September 2,
1975 at 3:00 p.m. Engineer.:s estimate: $4,000.
S�e`.s:- GluSmee?s Plumbing $3,522.00
San Luis Obispo, Ca.
Pratt Construction Co. 4,798.00
San Luis Obispo, Ca.
On motion of Councilman Gurnee.-seconded by Councilman Graham, the low bid
of Smees Construction Company was accepted and the-bid awarded. Motion
carried. All ayes.
B -2 The-City Clerk reported.on.the following bids received for the
ROCKVIEW -BROAD SEWAGE LIFT STATION REMOVAL. Bids opened September 2, 1975
at 3:00 p.m. Engineer's estimate: $4,000.
R. McGray, Inc. 2,460.00
Santa Maria, Calif.
Walter Bros. Construction Co. 29900.00
San Luis Obispo, Calif.
Smee's Plumbing 3,158.00
San Luis Obispo, Calif.:
Pratt Construction Co.
San Luis Obispo, Calif.
4,556.00
On motion of . Councilman .Graham,.seconded..by - Councilman Gurnee, the low
bid of R. McGray, Inc. was accepted-and the :bid awarded. Motion carried.
All ayes.
CITY COUNCIL-MINUTES-
SEPTEMBER 2, 1975
PAGE FOURTEEN
On motion of.Councilman Gurnee,-seconded by Councilman Graham, the meeting
adjourned to 7:30.p:m. to September 16, 1975. Motion carried: All ayes.
APPROVED:
. FITZPATRICK, City Clerk
1