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HomeMy WebLinkAbout01/08/19731 1 R„ii rail Present Absent City Staff MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA January 8, 1973 - 7:30 p.m. City Hall John C. Brown, Myron Graham, Kenneth E. Schwartz Emmons Blake, T. Keith Gurnee Present: J. H. Fitzpatrick, City Clerk; R. D. Miller, Administra- tive Officer; D. F. Romero, City Engineer; R. A. Paul, Director of Water Department; R. Young, Planning Director; A. J. Shaw, Jr., City Attorney; L. Schlobohm, Fire Chief; E. L. Rodgers, Police Chief I. On motion of Councilman Graham, seconded by Councilman Brown, sick leave in excess of two weeks was authorized for Frank Perry. Motion carried. 2. On motion of Councilman Graham, seconded by Councilman Brown, the following resolution was introduced. RESOLUTION NO. 2413, a resolution increasing the 1972 -73 budget and also establishing a revenue sharing fund. Passed and adopted on the following roll call vote: AYES: Councilmen Brown and Graham and Mayor Schwartz NOES: None ABSENT: Councilmen Blake and Gurnee 33. City Council discussed the Bikeway Plan prepared by ECOSLO. D. F. Romero, City Engineer, reported that the Division of Highways has notified the City that they would not allow the designation of a bike lane on Foothill Boulevard between Santa Rosa and Chorro Streets, due to involvement of Federal funds in the project. The Division of Highways cited traffic safety as the reason for denial of the bike lane designation as it would necessitate narrowing the traffic lanes and would involve a conflict _between bikes and cars at intersections where the cars were turning. The City Council, staff and representatives of ECOSLO discussed the best approach to implementing the Bikeways Plan prepared and submitted by ECOSLO. Mavor Schwartz suggested that possibly the Planning Commission or a sub- committee of the Planning Commission should study the ECOSLO Bikeway Plan for inclusion in the circulation element of the General Plan. He ' also thought the Planning Commission should prepare a list of priorities for implementation of the various elements of the Bikeway Plan. The City Council referred the ECOSLO Bikeway Plan to the Planning Commission for study and inclusion in the circulation element of the General Plan. City Council Minutes January a, 1973 Page 2 4 -8. Mayor Schwartz reviewed the existing ordinances and resolutions dealing with water service by the City, and required fire flows for fire protection. A. J. Shaw, Jr., City Attorney, explained that the recently adopted Resolution No. 2376 established a design standard to provide more reliable water flows for fire protection purposes in areas of the City which were permitted to develop to densities greater than two residential units per lot. However, the resolution imposed great financial burdens upon developers who proposed to build to greater densities upon lots which had been zoned beyond fire protection capabilities of nearby water mains. Furthermore, the City was probably unwilling to finance the waterline improvements as new high - density development occurs. The result was the City was placed in a position of saying that certain design standards were essential safeguards for the protection of public health, safety and welfare, but actually allowing high- density developments on the other hand without providing such safeguards. Mr. Shaw continued that he would question the City's ability to satisfactorily explain its failure to comply with its own design standards if a loss of life in such development could be traced to an unreliable water supply. He suggested that the City should take steps to protect itself and cited the following actions the City could take: I. Review Resolution No. 2376 to see if its provisions are valid. It might be that the Council would find the City is "over- designed." Possibly, densities greater than two units per lot should be eliminated. 2. Adopt an ordinance requiring the payment by developers of "loop charges" similar to present front footage charges, and not allow occupancy of ' developments until the City has provided the "loop." 3. Down zone to a safe level all property which is presently zoned beyond its ability to be provided ade- quate fire protection services. R. A. Paul, Water Department Director, explained the policies as follows: The City now has two concerns in reviewing the capabilities of the municipal water system to provide water for fire protection to new developments. The first as outlined in Council Resolution No. 2376, 1972 Series, adopted October 1972, related to the reliability of the system to provide water even during shutdowns of portions of the City system. The second as defined in Section 13.301(c) of the recently adopted fire code, was the ability of the system to provide adequate quantities of water at any proposed development site. Reliability: The importance of reliability in the municipal system, including both the older piping and piping newly installed in the system, had been illustrated by recent experiences in the City: a. The transmission main into Tract No. 400 is a dead -end main. Its single connection to the rest of the system results in unreliability. Subsequent to residential occupation of the tract, but prior to acceptance of the tract by the City, numerous deficiencies were found in the system. To correct ' these, the transmission main was shut down. The result - -total discontinuance of water service to the tract for a period of five hours. A fire during this period could have been a disaster. City Council Minutes. January 8, 1973 Page 3 b. The transmission main supplying the Lower Higuera area has been a dead -end main supplying water to about 1,000 people. The main was recently taken out of service for more than 14 hours to make emergency repairs. Without the Prado or Woodbridge loops which are now operational, as a part of a current City construction contract, the shutdown would have re- sulted in a total discontinuance of water service to the Lower Higuera area. A fire during such a period could have been a disaster. The elimination of unreliability in a piping system is a recommendation of every agency concerned with fire protection. These agencies include the National Board of Fire Underwriters, National Fire Protection Association, and the Insurance Services Office. Gridding the system was also a concern of health authorities. The California Department of Public Health, as outlined in the California Administrative Code, recommended full gridding of the distribution system. The City's consulting engineer, in a series of reports beginning in 1952, had recommended full gridding of the water system in expansions of the City's facilities. A review of the City's system as shown on the 1969 Fire Protection Map prepared by the Pacific Fire Rating Bureau, indicated that the City had historically conformed to the recognized standards for grid system piping. Only 6 per cent of the more than 600 fire hydrants installed as of 1969 were on permanent dead -end water mains. There were two methods by which grids were built into the system. The first, which the City had partially followed in the past, consisted of privately built portions of pre - planned loops being installed by individual developers as projects were constructed. Unfortunately, this could result in large segments of the City population residing along dead -end mains until the loops are eventually completed. This had occurred in the Los Osos Valley and Lower Higuera areas, and was beginning along Edna Road. The second, which was required under the provisions of Council Resolution No. 2376 consisted of building individual loops for each new development. Each loop, which must be completed prior to occupancy, provided initial reliability to each new occupant. Installation of individual loops had been a condition of acceptance for each of five recently submitted subdivisions and every project to come before the Planning Commission since A.uqust, 1972. Adequacy: The quantities of water required to adequately protect any development during a fire were calculated in conformance with a nationally recognized standard, Bulletin No. 266 of the National Board of Fire Underwriters. This bulletin had been used to calculate fire flows since its publication in 1948. The maximum fire flows recommended for the City of San Luis Obispo have increased over the years as the level of development had increased and knowledge of fire suppression needs had developed. For example, past recommendations to the City have included: Year, Quantity Recommending Agencv 1910 800 GPM Consulting Engineer 1945 3250 GPM National Board of Fire Underwriters 1956 4000 GPM National Board of Fire Underwriters 1972 5000 GPM Insurance.Services Office City Council Minutes January 8, 1973 Page 4 Over the last twenty years, each expansion of the City's water distri- bution system had included provision for fire flows. Although portions of the City had developed beyond the fire flow capability of the water system, adequate fire flows could be attained in many areas as indicated by the City's excellent insurance fire rating. Until the recent adoption of the Fire Code, the City's ability to ' require adequate fire flows for new developments had been limited to those projects which had come before the Planning Commission for review. The new code now extended this ability of review to all projects within the City except single family and duplex type units. Fire Chief Schlobohm stated that the recently adopted fire code by the City upgraded the fire flow needs for various types of construction. He continued that the fire code was not adopted just to update standards, but that the current code was the result of studies on fire flow needs by reputable agencies in the fire suppression field. Mayor.Schwartz asked Robert Paul to review each of the appeals for relief. Appeal of Vic Mori, developer, for a proposed 24 -unit apartment complex on Augusta Street. He asked to be relieved of-the requirement of connecting the 6 -inch water main partially in front of his property to the 6 -inch main near San Marcos Court. His appeal was based not on adequacy of water supply for domestic purposes or fire flows, but strictly on financial hardship in extending the main. R. A. Paul explained the conditions set for the Mori development as follows: The proposed site of the Mori project was on Augusta Street between Laurel Lane and San Marcos Court. The water system in this area, consisting of a dead -end 6 -inch water main was originally installed , to support single family residential development. Fire flow at the site, based on a field test conducted December I, 1972, is 1400 GPM. Review by the Fire Marshal of the project plans indicated that 2770 GPM fire flow was required at the site. He stated that Mr. Mori was advised by letter dated November 9, 1972, that in order to comply with Council Resolution No. 2376, the 6 -inch water main in Augusta Street must be extended from the project site to a connection with the existing main in Augusta Street at San Marcos. Court. Based on tests conducted on December 30, 1970, the extension would, in addition to providing reliability, increase the available fire flow at the site to approximately 2000 GPM. Mr. Mori has been advised by the Fire Marshal that the original project plans could be modified by either of the two following methods in order to comply with Section 13.301 of the City's Fire Code: a. Use 1 -hour fire resistive construction throughout the structure. (Required fire flow would be reduced to 1800 GPM.) b. Install automatic fire sprinklers throughout the structure. (Required fire flow would be reduced to 1000 GPM.) Assuming the existing 6 -inch water main was extended in conformance with ' Council Resolution No. 2376, either project modification would reduce the required fire flow to the water system capability. Appeal of Wheeler Construction Company against the requirement to upgrade the water supply system prior to building a triplex at 1721 Garden Street. Dennis Wheeler objected to the cost and to the fact that he would be paying to improve fire protection not only for his own development, but also for the entire neighborhood, which he felt was unfair as everyone who benefited from the improvement should pay a fair share. City Council Minutes January 8, 1973 Page 5 The Water Director commented as follows: The proposed site of the Wheeler project was on Garden Street between Church and Leff Streets. The general area was provided with water service through a grid of old 4 -inch and 6 -inch pipelines. This system was not capable of supplying the fire flows required for new residential developments. Based on prior fire flow tests at the proposed project site, available ' fire flow was less than 1000 GPM. Review by the Fire Marshal of the project plans indicated that 1800 GPM fire flow was required at the site. The requirements of Council Resolution No. 2376 could be met by extend- ing a duplicate water main from the existing 8 -inch main in Church Street at Broad Street to the 8 -inch main in Morro Street at Church Street with.the construction of a city standard fire hydrant on the new water main, the requirements of Section 13.301 of the City's Fire Code could probably also be met. Mr. Wheeler had been advised by the Fire Marshal that the original project plans could be modified by either of the additional two following methods in order to comply with Section 13.301 of the City's Fire Code: a. Use.l -hour resistive construction throughout the structure and improve the water supply from 460 GPM to 740 GPM at City fire hydrant No. J- 12 -12. b. Install automatic fire sprinklers throughout the structure. Dennis Wheeler asked the Council whether they were requiring the "ideal" water system or "adequate" system. He felt that sometimes the ideal would be difficult to accomplish physically and financially, but that adequate water for domestic use and for fire suppression was a possibility. He then submitted a list of what he felt were possible solutions to the problem: a. Maintain the requirements as is, whereby the property owner pays Carte Blanche for any water system improvements required by present ordinance. b. Maintain the requirements as is, only arrange a reimbursement procedure to the property owner. c. Raise water -use fees again, with excesses earmarked for capital improvement. d. Require a property owner to pay his fair share, of water system improvement, with the City or neighbors paying the balance. e. Require substantial connection fees on all new development, with the fees earmarked for water system improvements. f. Raise connection fees on all new projects from the present $350 per acre to maybe $700 per acre. g. Assessment districts. h. Make standards for improvement somewhat less than "ideal." City Council Minutes January S, 1973 Page 6, Roger Brown, developer of Tract No. 471, appealed the requirements of the Subdivision Review Board and the Water Department Director to install a looped water system on Scott Court and a continuous water line from the boundary of the tract to Southwood Drive. He was willing to pay the cost for a looped system connecting Scott Court to Carla Court if the City would allow the line to be placed on a private easement. He stated that the property owners had refused to grant an easement to extend the line to Southwood Drive and the cost of doing so was prohibitive. R. A. Paul explained the water conditions placed on Tract 471 as follows: The proposed Tract 471 would be constructed at the end of a 12 -inch dead -end main in Flora Street. In order to comply with Council Resolution No. 2376, this main must be extended through the tract and across private property to connect with the existing water main in Southwood Drive. In addition, the proposed dead -end fire main in Scott Court must be eliminated by one of either of the following methods: a. Revise the tract layout in order to eliminate the need for a hydrant on Scott Court., b. Connect the proposed main in Scott Court to the existing main in Carla Court by constructing a public water main across private property. Although extensions across private property could be considered under the provision of Council Resolution No. 2376, it should not be considered in a case like Tract 471 because of the continuing maintenance problem, the potential future damage to private property and the difficulty in preventing illegal connections to the main within private property. Clint Milne,_ Engineer and resident of Carla Court, urged the City Council to allow the connection of Carla Court and Scott Court with a looped system in a private easement which he felt would improve both the water supply and fire flows to both areas. Martin Polin, developer of an office building at 1595 Johnson Avenue at Munoz Street, appealed the requirement of the Fire Department to install a fire hydrant to serve his property prior to issuance of a building permit. He stated that it was inequitable to require one owner to have to pay the bill for a fire hydrant when all the adjoining properties would benefit without sharing the cost. Robert Paul explained that the fire flow problem at the Polin property was as follows: The proposed project site was located at the intersection of Johnson Avenue and Munoz Street. No public hydrants existed within more than 600 feet of the site. Mr. Polin was therefore advised by the Fire Marshal on September 27, 1972 that minimum fire flows at the site could be provided by the installation of a City standard fire hydrant near the project. Installation of the hydrant would satisfy the requirements of Section 13.301 of the City Fire Code. 9:35 p.m., Mayor Schwartz called a recess. 9:50 p.m., the meeting reconvened with Councilmen Brown and Graham and Mayor Schwartz present. Martin Polin suggested to the City Council that in all areas of the City needing fire hydrants, excluding new subdivisions, planned developments or annexations, that they should be put in at the expense of the taxpayers and /or the water users. 1 1 1 City Council Minutes January 8, 1973 Page 7 The City Council discussed with the staff the evidence submitted by the people objecting to conditions established by the City ordinances and resolutions. The questions discussed were (1) has the City established too high a standard for water reliability, and (2) has the City established too high a requirement for fire flows within the City for fire suppression. After discussion with staff and with the appellants, the City Council ' considered the next step to be taken. Mayor Schwartz asked if the members of the Council present wished to take action on existing policies and decide each of the appeals or did they feel the decision should be made by the full Council. Councilman Brown felt that as the decisions made would have a long -term effect on the City Water and Fire Department policies, the full Council should decide. Councilman Graham was reluctant to hold the matters over any longer, but he too felt that the policy decision should be made by the full Council. Mavor Schwartz stated he would also like to have the full Council present to consider the policy as the full Council established the present policy regarding looped systems and fire flow requirements. The matter was continued to 12:10 p.m., Monday, January 15, 1973. 9. R. A. Paul, Director of the Water Department, notified the City Council that he and a committee composed of Councilman Blake; D. J. VanHarreveld, Superintendent of Northern Division, Pipelines of Union Oil Company; and Clint Milne, Deputy County Engineer, Hydraulics; 1 interviewed four consulting engineering firms to select one to aid in the solution of the existing water supply deficiencies in the Los Osos Valley - Lower Higuera areas. It was the unanimous recommendation of the selection committee that the firm of Penfield 8 Smithebe awarded the assignment. Therefore, he requested that the City Council authorize solicitation of a proposal from Penfield 3 Smith for this work. On motion of Councilman Graham, seconded by Councilman Brown, the Director of the Water Department was authorized to solicit proposals from Penfield & Smith Engineers, Inc., to prepare a study and recommendations on water deficiencies in Los Osos Valley - Lower Higuera areas. Motion carried. 10. On motion of Councilman Graham, seconded by Councilman Brown, the following resolution was introduced: RESOLUTION NO. 2409 (1973 Series), a resolution of the Council of the City of San Luis Obispo urging the County Planning Commission to preserve the open character of the Morros. Passed and adopted on the following roll call vote: AYES: Councilmen Graham, Brown and Mayor Schwartz NOES: None ABSENT: Councilmen Blake and Gurnee 1 II. The City Council adjourned to executive session. 12. On motion of Councilman Blake, seconded by Councilman Graham, the meeting adjourned to 12:10 p.m., Monday, January 15, 1973. APPROVED: ✓ J H. F ATRICK, CITY CLERK 1 1