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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.
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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
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