HomeMy WebLinkAbout08/06/1973MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
AUGUST 6, 1973 - 7:00 P.M.
Pledge
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Roll Call
Present: Councilmen John C. Brown, Myron Graham,
T. Keith Gurnee, Jesse Norris and Mayor
Kenneth E. Schwartz
City Staff
Present: J. H. Fitzpatrick, City Clerk; W. Flory,
Director of Parks and Recreation; R. D.
Miller, Administrative Officer; R. A. Paul,
Water Department Director.;" E. L.-Rodgers,
Police Chief; D. F. Romero, City Engineer;
L. Schlobohm, Fire Chief; D. Williamson,
Assistant Administrative Officer; R. Young,
Director of Planning and Building
C -1. Claims against the City for the month of August were authorized
for payment subject to approval by the Administrative Officer.
C -2. The City -Clerk reported the following bid was received for one
Diazo Printer- Developer. Bids were received August 6, 1973 at 10:00 a.m.
G.A.F. Corporation $2,900.00
260.00 (trade -in)
$2,640.00
The City Council accepted this bid.
C -3. The City Clerk reported the following bids were received for
Minor Storm Drainage Improvements, City Plan 25 -73, on August 3, 1973
at 2:00 p.m.
Conco General Engineering Contractors $10,075.00
San Luis Obispo
Walter Brothers 11,085.29
San Luis Obispo
R. Burke 11,820.00
San. Luis Obispo
Ted Watkins 16,108.00
Paso Robles
Madonna Construction Company. 18,500.00
San Luis Obispo
.ENGINEER'S ESTIMATE 11,325.06
The Council accepted the low bid of Conco General Engineering Contractors
for $10,075.00
C -4. The City Clerk reported the following bids were received for
Street Resurfacing Project, City Plan 21 -73, on August 3, 1973 at 2:15 p.m.
(Streets included in this project are: High.Street, Slack Street, South
Street, and Madonna Road.
City Council.Minutes
August 6, 1973
Page 2
R. Burke Corporation $56,863.00
San Luis Obispo
A. J. Diani Construction Company 63,305.00
Santa Maria
Madonna Construction Company, 64,,442.50
San Luis Obispo,
Harold D. Peterson 65,750.00
Atascadero
Walter Brothers Construction Company 67,443.75
San Luis Obispo
M. J. Hermreck,.Incorporated 67,957.85
Nipomo
Hi -Way Contractors, Incorporated 859196.38
Santa Maria
ENGINEER'S ESTIMATE 67,016.00
The .City Clerk awarded the contract to R. Burke.Corporation, at $56,863.00.
C -5. The City Clerk reported the following bids were received for
Sanitary Sewer Force Main, Madonna Road.at.San Luis Creek, City Plan 8 -73,
at 2:00 p.m. on August 6, 1973:
Lopez Sewer Contractor, Inc. $10,500.00
Santa Maria
Maino Const,. Company, Inc. 13,042.00
San Luis Obispo
Walter Brothers Const. Co. 14,811.00
San Luis Obispo -
Ted Watkins 16,130.00
Paso Robles
Madonna Construction Company 229,250.00
San Luis Obispo
ENGINEER'S ESTIMATE 13,2475.00
D. F. Romero, City Engineer, stated that he had no experience or knowledge
of the type of work done by the Lopez Construction Company and asked Council
permission to review their backgroune prior to granting the contract as
this was an extremely complicated project. The matter was continued to
the August 8, 1973 meeting.
C -6. The City Clerk reported the following bids were received for.
Madonna Road Culvert Enlargement, City Plan 23 -73, on August 6, 1973
at 2:15 p.m.
Walter Brothers Construction Co.
San Luis Obispo
R. Burke Corporation
San Luis Obispo
Madonna Construction Company.
San Luis Obispo
Conco Gen. Engr. Contr.
San Luis Obispo
$49,091.00
49,126.50
51,131.50
56,221.50
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City,Council Minutes
August .6.; 1973-
Page 3
Wesley Watkins $59,620.60
Paso Robles
M-.-J. Hermreck, Inc. 74,638.14-
Nipomo
ENGINEER'S ESTIMATE. 49,075.00
The contract was awarded to Walter Brothers Construction Company at
$494914001
C -7.. The City Clerk reported.the following bids were..received for
Creek Obstruction Removal, San Luis Creek, between Marsh Street and
Morro.Street, City Plan No. 6 -73, on August 6, 1973 at 2:30.p.m.
ALTERNATE A ALTERNATE B ALTERNATE C ALTERNATE•:�D
ENGINEER'S
ESTIMATE '$47,227.00 $56,737.60 $64,728.60 $50,674.80•
R. BURKE
.CORP.. $50,772.00 $61,907..00 $70.422.00 $53,559.00
"_�•
CONST..CO. $59,275.00 $69,755.00• $779615..00 $62,637.50
WESLEY
WATKINS $65,901.00 $73,44.6.60 $74,913.80 $62,502.00
D. F.. Romero, City Engineer, reviewed the bids received and explained
the alternates involved, A, B, C,. 6r D. I .
.Councilman Norris moved.to accept Alternate A. Motion,lost for lack of
a• second. ,
On motion of- Councilman Graham- ,seconded.bj Councilman Brown,'.that
alternate B with the slumpstone block finish be accepted and that the
contract be granted to the lowest bidder. Motion carried. Contract
was awarded'to R: Burke Corporation for Alternate B in;the: amount of
$61,907.00.
C -8: The following contract payments were approved for payment:
C -9.
R. Baker Construction Company Est.##
Water Project - Augusta St.
near San Marcos
City Plan No. W 73 -2 Sch. 1
R. Baker Const. Co.
Water Project - McMillan Ave.
between Orcutt Road &
Morrison Street
City Plan No.. 14.73 -2 Sch. 11
R. & L,Digester.Cleaning Co.
Clean Digestors.#2 & #3
City Plan No. 24 -73
Lee Wilson Electric
Traffic Signal Installation
San Luis Dr. & Calif. Blvd
City Plan No. 5 -73
Bunnell Const. Co.
Meadow Park - Phase II
City Plan No. 11 -72
Est. #1
Est. #1
Est.#2
FINAL
Est.02
Est. #5
Est. #6
FINAL
$4,302.68
11,831.85
5,400.06-
600.00
2,404.62
854.00
4,836.00
City Council Minutes
August 6, 1973
Page 4
C -9. A communication from David Garth, Chamber of Commerce, requesting
that a sign reading "motels" with aright arrow be erected by the City
at the northeast corner of Monterey and Santa Rosa Streets facing south-
bound Monterey traffic. He also requested that the badly rusted sign
at Santa Rosa and Olive Streets be repaired or replaced. The matter
was referred to the Design Review Board.
C -10. The City Council considered a covenant with J. F.' Ruedi for
erection of a retaining wall at Tassajara and Ramona Drive. The Mayor
was.authorized to accept and record the covenant.
C -11. The City. Council approved the request of Ranell Mobiiehomes for
permission to place a mobilehome in Madonna Shopping Plaza from
August 9 through August 19, 1973 subject to.the.consition that the unit
be located at least 100 feet from all other structures and an all- purpose
dry chemical fire extinguisher be placed within the coach.
C -12. The City Council approved the plans and specifications to
reroof the recreation building and authorized a call for bids.
C -13. A request from Andres C. Herrera that a strip of Olive.Street,
west of Osos Street be abandoned was referred to the Planning Commission
for investigation and recommendation.
C -14. The'City Council denied a claim by Dana K. Tucker for damage to
her automobile as a result of tarring the street where she parked it.
The matter was referred to the City's insurance carrier.
C -15. The City Council denied a claim by E. L. Rodgers for damage
.to his trailer as a.result of the_pla_cement of a fire.hydrant on the
southwest corner of Calle Jazmin and Calle Lupita. The matter was refer-
red to the City's insurance carrier.
C -16. A recommendation from the Planning Commission for approval of
abandonment of a paper alley between Meadow, Lawton, South and Funston
Streets was continued_ for consideration by the Council, along with agenda
item 4.
C -17.' A request from'J. Vard.Loomis, Loomis & Son, for sewer and water
service to their unannexed propeity as both ;were readily.available was
denied on the basis that annexation of Edna Annexation No. 3'was delayed
due to water reserve limitation and no additional service was available
outside the City limits.
On motion of Councilman Gurnee, seconded by Councilmaii_Brown, all consent
items were approved as indicated. Motion carried.'
Mayor Schwartz appointed Councilmen Brown and Gurnee to represent the
City on the City- County.Flood Control Committee.
1. The City Council considered the final passage of Ordinance No. 587,
an ordinance of the City of San Luis'Obispo.amending Article III.V of the
Municipal Code (Traffic Regulations) to provide for prima facie violation
of loading zone time limits and to permit non - commercial vehicles in
said zone.
Mayor Schwartz declared the public hearing open.
No one appeared for or against the ordinance.
Mayor Schwartz declared the public hearing closed.
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City Council Minutes
August 6, 1973
Page 5
On motion of Councilman Gurnee, seconded by Councilman Graham,
Ordinance No. 587 was introduced for final passage.
Finally passed on the following roll call vote:
AYES: Councilmen Brown, Graham, Gurnee,
Norris and Mayor Schwartz
' NOES: None
ABSENT: None
2. The City Council considered plans and specifications for
Meadow Park - Phase III at an estimated cost of $52,000; Budget $80,000
under Capital Outlay 412, with H.U.D. to reimburse $21,500. Capital
Improvement Program V. The consideration was continued to a joint
meeting with the Parks and Recreation Commission on August 8, 1973.
3. At this time the City Council held a public hearing on the
recommendation of the Planning Commission to amend the Municipal Code,
Section 9200.27 to reduce lot area and width requirements for parochial,
private and public schools.
R. Young, Planning Director, submitted the recommendation of the
Planning Commission stating it was their opinion that the present
requirement for a 40,000 sq. ft. lot and a lot width of 150 feet greatly
reduced the possibility of establishing such schools within existing
developed areas. The commission was also of the opinion that some of
the proposals for private schools which had come before the commission
had been in some ways similar to nursery schools. The commission was
aware that it could deny a request for a private or public school or
nursery school regardless of lot size if ti would not be compatible with
' the neighborhood in which it would be located. They therefore recom-
mended that the Council approve the proposed amendment to the Municipal
Code.
Mayor Schwartz declared the public hearing open.
Mrs. Valerie Endres, Chairman of the Planning Commission, stated she was
present and would be available for Council questions regarding the
discussions involved in the recommendations.
R. T. Shah, 1619 Sydney, was opposed to the amendment to the ordinance
as he felt that too little area was being required to control great
numbers of children.
Richard Reppert, 1375 Fernwood Drive, opposed the proposed ordinance
change due to the reduced area required for schools. He felt the new
requirement would be too small and would affect adjacent properties due
to inadequate play area, etc. He suggested that the City require at
least 1,500 square feet per student.
Mrs. Buffer, 1633 Ranchita Street, Los Osos, objected to allowing small
schools in residential areas. She felt that 10,000 square feet was too
small an area for school children.
Lynn Scott, 1275 Johnson Avenue, was in support of the proposed
ordinance change.
Mayor Schwartz declared the public hearing closed.
Councilman Norris felt that 10,000 square feet was not sufficient area
for either a private or a public school to operate. He stated that
State Education Department regulations for one -room school (grade one
through six) should have a minimum area of 78,800 sq. feet plus or minus.
He felt the City Council should not reduce the standard to 10,000 sq. ft.
City Council Minutes
August 6, 1973
Page 6
Councilman Gurnee felt that 10,000 sq. ft. would be satisfactory to
him and would allow innovative school experiences in neighborhood
environment.
Councilman Brown felt that an area requirement was arbitrary. He
felt the size should be based on the age of the students, the number
of students in the school, etc. He felt that more research was needed
on this subject.
Councilman Graham stated he had no comment except he wished some
clarification of the Planning Commission recommendations to the City
Council.
Mrs. Endres felt the Planning Commission made its recommendation on
the advice of the City Attorney that the Planning Commission must set
some arbitrary minimum for school properties. The Planning Commission
felt it would rather look into each application and determine student -
land area ratios at that time.
Mayor Schwartz felt that other factors should be considered rather than
just square footage. He felt 10,000 square feet was too small for a
minimum for a school.
On motion of Councilman Norris, seconded by Councilman Brown, that the
City Council deny the recommendation of the Planning Commission and
leave section 9200.27 as is. Motion carried on the following vote:
AYES: Councilmen Brown, Norris and Mayor
Schwartz
NOES: Councilmen Graham and Gurnee ,
ABSENT: None
4 and C -16. The City Council held a public hearing on the appeal of
the Church of Christ from conditions of a use permit from the Planning
Commission for a new church facility at South and Meadow Street.
Bab Prior, Trustee of the Church of Christ, stated that the church
was only protesting the items in the use permit as follows:
(1) the installation of two fire hydrants on
South Street
(2) the installation of a new 8 inch ductile
iron water main on Meadow Street from
Funston to South Street.
(3) replacement of an existing 8 inch cast iron
water pipe on South Street from Lawton Street
to Meadow Street.
R. Young, Planning Director, stated that these conditions of the use
permit were required by the Water and Fire Department for adequate fire
flows to support the new structure. He continued that the requirements
dealing with water would also be conditioned in any future building
permit on this property.
Mayor Schwartz declared the public hearing open.
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City Council Minutes
August 6, 1973
Page 7
Bob Prior again.spoke to.the City Council stating he felt.that the
requirement of- placing a fire hydrant on the church property was
unfair as_.it.was too expensive for the church to pay..and would serve
a larger area including the City's property for Meadow Park, and he
felt an area of benefit type of assessment should be allowed for which
the church would pay its share, but they should not.pay the entire
cost.
Harvey Norton, property owner, appeared on behalf of.the.representatives
of the church urging that.the.City allow construction of.the church
and help finance the hydrant and required water line. He reminded the
City. Co.uncil'that his family, the Nortons, had.contributed.26 feet of
property on South Street for widening without payment.
Mayor Schwartz declared the public hearing closed.
R. A. Paul, Water Department Director, explained the existing City
policy that would allow cooperation.with property owners in extending
water mains and the installation of fire hydrants. Lee.Schlobohm, Fire
Chief, explained the need for thehydrant was primarily to protect the church
buildings themselves and to prevent spread of a church fire to ajoining
properties.
Councilman Norris stated that because of.the help the hydrant would
give the City, the.City should contribute public funds to help with
installation of the hydrant.
Councilman Brown stated the hydrant at Lawton and South Streets should .
be installed by the church.but that -the hydrant at.South and Meadow
would also benefit City owned property.and..he felt the City should
contribute to this construction.
Councilman Gurnee felt the City should give the church credit for
the old water line in South.Street and also put in.the Meadow Street
line under the pre -1942 program.
Councilman Norris .felt the City should put in the hydrants. and only
charge the property owners their share of the water lines and hydrants.
Mayor Schwartz felt the developer should-put in_.the necessary.improvements
which allowed heavier uses under zoning. laws. He felt the church develop-
ment required the higher water use but.felt the City should provide the h
hydrant at Meadow and South.Streets with the Church providing the
hydrant at Lawton and South.
On motion of Councilman Gurnee, seconded.by Councilman Graham,.the City
Council authorized City financial participation.for depreciated facilities
and excess capacity for the.South .Street watermain and Pre -.1942 .program
participation subject to.normal frontage charges, for the Meadow Street
water main. In addition, the City would bear the entire cost.of the fire
hydrant on Meadow Street at South Street, for.that portion of the South
Street and Meadow Street line under pre -1942 properties with the
hydrant to be installed by the.City at Meadow and South and the church
to put in the hydrant at Lawton and South.
Motion carried.
On motion of Councilman Gurnee, seconded by Councilman-Graham, a
public hearing was set by adoption of the following resolution:
RESOLUTION NO: 2495, a Resolution of intention to abandon a paper alley
between Meadow; Lawton, South and Funston Streets.
City Council Minutes
August 6, 1973
Page 8
Passed and adopted on the following roll call vote -:
AYES: Councilmen Brown, Graham, Gurnee, Norris:
and -Mayor Schwartz
NOES: None ,
ABSENT: None
9:20 P.M. Mayor Schwartz called a recess.
9:30 P.M. City Council reconvened with all members present.
5. At this time the City Council held a public hearing on
the - appeal of Reeder Development Company from a denial.by.the
Planning ..Commission of the tentative-map of Tract No. 469.
R. Young, Planning Director, presented the reasons for denial
of the tentative tract map for Tract 469 by the Planning
Commission stating that the denial was based on the recommen-
dation of the Airport Land Use Commission which included :a
portion of the land along Higuera and Prado Road within their
boundaiies and felt this would.affect residences in this area.
Mayor Schwartz declared the public hearing open.
Gordon Thrasher, representing the developer of Tract 469, re-
viewed the steps taken to date in attempting to develop -the
subject land for residential use. He said he did not feel the
Airport Land Use Commission had the right to negate use of the
land which they owned.
Ben Madellena, engineer for the developer of Tract -469; stated
that he had made some studies which indicated that the recommen-
dation of the Airport Land Use Commission were erroneous and
that many of their conditions were fallacious. He also.questioned
the basis used by the Airport Land Use Commission in recommending
denial of the development of Tract 469. He was of the opinion
that the Airport Land Use Commission objected to this land use
because they felt that the site lay within an aircraft sound im-
pact area "and this seemed to be the essence of their presentation
to the Planning Commission. The sound level tests conducted on
the site of Tract 469 for the environmental report were conducted
over a period of several days and were representative of actual
site conditions. -The results of the test were of greater,signi-
ficance than the data of the Airport Land Use Commission.1since
its data was strictly from calculation .and.not'from -field .tests.
He concluded that the tests carried on by representatives.of the
developer prove that the sound impact would have little effect
upon the subdivision. .
Denny Wheeler, member..of the Airport Land.Use.Commission, stated
the Commission would be very interested in the studies made by
Madellena but that the Commission felt that Tract 469 was within
the area of noise control of this Commission and urged the City
Council to delay consideration of the tentative map until the
Airport Land Use Commission held public hearings where Mr.
Madellena could present his information.
Ben Madellena suggested that the Airport-operators also had a
responsibility in not allowing noisy aircraft to use their facil-
ities. He also felt the Airport management could help by limiting
the flights in or out of the airport each day.
City Council Minutes
August 6, 1973
Page 9
Althea Meissner, property owner, objected to the development of
residential dwellings as proposed for Tract 469. She felt the
land should be retained for agricultural uses due to the great
needs today for food. The land was prime agriculture land. She
hoped the City would keep the land for industrial uses and not
allow it to develop to residential tracts.
Dennis Wheeler again asked the City Council to uphold the denial
of the tentative map by the Planning Commission without prejudice
so that the Airport Land Use Commission could hold a required
hearing and arrive at limits of the influence of that Commission.
Councilman Gurnee agreed that the Council should support the
recommendation of the Planning Commission and withhold approval
of the tentative map until all the facts were in from the
Airport Land Use Commission.
Councilman Norris agreed that the Council should support the
Planning Commission at least until the Airport Land Use Commission
completed its study and that the development should be denied with-
out prejudice.
Councilman Brown agreed with his fellow Councilmen that no action
should be taken until all studies were considered.
Gordon Thrasher., developer's representative, stated the developer
would be willing to agree to a continuation until the matter had
been settled.
Councilman Graham stated.he felt that he voted against the annex-
ation of this property because of the prime agricultural land
that would be•taken. out .of.production by• buildings, streets, etc.
which would be placed on it.
Mayor Schwartz agreed that consideration of the tentative map
should be continued until the Airpor,t.Land Use Commission had held
hearings and completed their recommendations derived from those
hearings.
On motion of Councilman Gurnee, seconded by Councilman Brown, that
the matter be continued to September 4, 1973, with the staff to
look into the legal ramifications of continuation. Motion carried.
Councilman Graham again stated he was opposed to this development
due to the amount of farm land being removed from production.
6. D. F. Romero, City Engineer, explained the scope of each
of the following projects
(1) Prefumo Channel Vegetation Removal,
C.P. #9 -74, estimated cost, $4,500.00;
Rev. Sharing - C.I.P. #3B
On motion of Councilman Gurnee, seconded by Councilman Graham,
plans and specifications were..approved as presented with no spray-
ing of the trees without approval of the.Tree:Committee. Motion
carried.
(2) Prefumo Channel Modification, C.P. #7 -74,
estimated cost, $50,000; Rev. Sharing -
C.I.P. #3B
On motion of Councilman Graham, seconded by Councilman Brown,.,plans
and specifications were approved and a call for bids was authorized.
City Council Minutes
August 6, 1973
Page 10
(3) Tassajara Culvert Modification, C.P. #1 -74,
estimated cost, $10,000; C.O. budget #5
On.motion of Councilman Gurnee, seconded by Councilman Graham,
the plans and specifications were approved and a call for bids
was authorized.
(4) So. Broad (Edna Rd.) Extend Sewer & Water
Lines, C.P. 410 -74,
estimated cost, $25,500
cost to developer: $22,500
cost to City $ 3,000
(Budgeted under C.O. #8 and water 343)
On motion of Councilman Brown, seconded by Councilman_Norris,
plans and specifications were approved and a call for bids was
authorized.
(5) Street Reconstruction Project, C.P. 426 -73, ........
estimated cost, $50,500; (includes: Sydney,
S. Tassajara, Boysen, Branch and Gail
Place)
Budget under Topics and Sales Tax St. money.
On motion of Councilman Gurnee, seconded by Councilman Graham,
plans and specifications were approved and a call forbids was
authorized.
(6) Local Street Resurfacing Project,
C.P. #6 -74, estimated cost, $26,500;
(includes: Walker, Cypress, Price,
Harris, King, Hutton, Upham, Capitollo
Way, Ella Street)
Budgeted under Sales Tax St. money.
On motion of Councilman Gurnee, seconded by Councilman Graham,
plans and specifications were approved and a call for bids was
authorized.
7. The City Council considered action recommended to it by
the Waterways Planning Board minutes of July 24, 1973:
Application #039 - Review of earth moving of the
Laguna Lake arm downstream from Los Osos Valley
Road. This earth moving will beSin violation of
the proposed moratorium ordinance, unless the
Council finds that this private project consti-
tutes a waterway improvement and grants specific
approval for the work.
On motion of Councilman Graham, seconded by Councilman Gurnee,
the recommendation was accepted. Motion carried.
Application #035 - The request of Laguna Lake Golf.
Course for a golf cart bridge replacement over
Prefumo Canyon Creek. This request could be ap-
proved under paragraph 3D of Resolution 2486 which
reads as follows:
"Private projects specifically approved
by City Council for the construction of
retaining walls, bridges and similar
Public Works type structures."
On motion of Councilman Graham, seconded by Councilman Brown,
the recommendation was approved. Motion carried.
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City Council Minutes
August 6;' 1973
Page 11
Application #036 - The request of Marianne Michels,
1546 Oceanaire Drive•to construct an addition to
her residence adjacent to Laguna Lake, could be
approved by the City Council on the•basis of the
Waterways Planning Board recommendation that it
be constructed at'the same•elevation of the exist-
ing house, if the Council can waive the City -
Engineer's requirement to find that; "drainage
structures in the vicinity; if plugged or overtaxed,
would not cause property to be flooded." The
Waterways Planning Board felt that'the construc-
tion of the culvert under Madonna Road would mini-
mize the danger of flood, and that this addition
to the residence could be permitted.
The matter was continued to August,20-, 1973, so the applicant could
be asked to be present.
Application #037 - request of Ben Madellena for
McMillan property on Orcutt Road, will require
.Council approval to construct two foot - bridges
and a vehicular bridge over a waterway. The very
small channel proposed to be filled in is not
shown on the Waterways Exhibit -B-i and therefore;
is not subject to formal City action, unless the
City Council wishes to consider the improvement.'
The developer proposes to• realign the storm waters
as they cross Orcutt Road to a•natural• channel
approximately 200 feet to the:-west, and to fill
' in this channel in order-to provide for a better
mobile home development.
Continued until City Council--inspected location.
Application 9042 - -requires City Council approval
for the construction of a vehicular bridge and
channel improvements to the-waterway-at 271-Wood-
bridge.
City Engineer Romero pointed out that plans sub-
mitted for Waterway Planning Board review were
-inaccurate and gave an erroneous impression. -
Referred back to the Waterways Planning Board for more detail.
8. Request from Joe Warnagieris appealing the action of the
City Fire Department in requiring that he provide a fire break
on the north-and-east sides of his-property designated with parcel
number 52-136-23-property adjacent to the City limit line above
Cuesta Park. The basis for his appeal was that -the property was
bisected by a satisfactory fire break created by trespassing
motor vehicles, motorcycles in particular.
Lee Schlobohm, Fire Chief,- agreed with some-of the statements made
by Mr. Warnagieris -but still felt that some -sort -of fire break
had to be between the City limit line and the area outside the City
to protect the property from fire outside the city or to stop a
fire from within the city passing outside the City limits.
The matter was continued to August 20, 1973,-for a staff report.
City Council Minutes
August 6, 1973
Page 12
9. A communication from Roger Longden requesting that the
City Council revise its present method of determining water
acreage fees due to the shape of his lot. He felt that the
unusual configuration of the lot had resulted in an excessive
frontage fee.while the house will occupy only 54111feet of . ?-.
frontage.. The configuration of the lot required that he pay
on the basis.of 165 feet of frontage._ The 11011 feet difference
was a strip of land bordering Old Creek which was just wide
enough for the most part to accommodate the six foot wide
sidewalk required by the building permit. He requested that
the City Council authorize the Water Department to revise its
fee and base it on the buildable lot frontage and acreage and
not on the entire parcel.
R.A. Paul, Water Department Director, stated there was no pro -i._
vision in the City- ordinance-.which would allow the City Council
or the City staff to grant exceptions of frontage or acreage
requirements as the lot was being used and was a lot of record.
The City Council discussed with Mr. Longden and with the staff
the fairest approach to an acreage charge for this particular
piece of land. After discussion, the staff was directed to
study alternate methods of determining the fees including an
amendment to the City ordinance which would allow the Council
to make exceptions. The council agreed to permit Mr. Longden
to pay reduced water acreage and frontage fees provided he
agreed to pay the full amount due by the present ordinance in
the event that the Council chose not to amend the ordinance after
review of its staff report.
10. Council consideration of a report requested by the
Council on July 16, 1973, from the Director of Water Department '
regarding "policy on private fire hydrant financing" was con-
tinued to the August 20, 1973 meeting.
11. Mrs. Rose E. Barger, 175 Brook Street, presented a
communication to the City Council requesting that they change
the boundaries lines established by Ordinance. NO. 568, the
water moratorium, which would restrict building along Brook
Street. She and her neighbors felt the hydrant located on
Higuera Street 400 feet from Brook Street was intended to supply
sufficient use when the new ten-inch line was built from South
Street. The property owners claimed that past actions of the
Council had allowed for Brook Street to have special considera-
tion.so they asked that the Council change the moratorium
boundary line to Madonna Road overpass. Upon question, the Water
Department Director, R. A. Paul, stated this area was not ready
to be released from the moratorium due to the lack of water as
any call for-fire flow would endanger the entire area. He
stated that there were times that.the main on Higuera Street
did not carry sufficient water for peak consumption or fire
protection.
On motion of Councilman Brown, seconded by Councilman Graham,
that the City Council deny the request due to the danger of a
water.shortage in the area. Motion carried with Councilman
Norris voting no.
12. Communication from R. A. Paul, Water Department Director,
regarding the lack of a cross - connection control protection--at
La Canada Village (Deeter Condominium, 1750 Prefumo Canyon Road)
was removed from the agenda. Because the property owner had now
complied with the City cross- connection protection requirements
and termination of water service was therefore not necessary.
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City Council Minutes
August 6, 1973
Page 13
13. At this time, the City Council_ considered the adoption
of an ordinance which would amend the Municipal Code and
Authorize the City Council to grant franchises for operation
of passenger stages.
The City Council reviewed the provisions of the proposed ordinance.
Mr. Walter Rice, representing the Mass Transit Committee,_,reyiewed
the recommendations of the Committee for a trial bus transporta-
tion system in the City in order to monitor use and expense of
such a system on a trial basis. He then reviewed the proposed
franchise agreement and stated he hoped the Council would adopt
the ordinance to allow operation of passenger stages.
On motion,-of Councilman Norris, seconded by Councilman Graham,
that the City Council hold a public hearing on August 20, 1973,
and refer the actual franchise agreement back to the Mass Transit
Committee for clarification. Motion carried.
14. Communication from T. Keith Gurnee regarding expiration
of Terrace Hill planned development and recommending actions
by the City Council to avoid future problems.
Due to the lateness of the hour, the matter was continued to the
Council meeting of August 20, 1973.
15. A communication from Robert E. Alberti, executive
committee of the Academic Senate of Cal Poly, requesting that
the City send a resolution to the Federal Cost of Living Council
in support of pay raises granted State Universities in California.
Councilman Brown felt this was an improper request to the City
Council as they had no reason to become involved in the activities
of the State Universities.
Councilman Norris agreed with Councilman Brown's comments that
this was an improper request and not in.the purview of the City
Council.
Councilman Graham felt the City should support this request as
many of the citizens of San Luis Obispo were employees of the
University and should have their salary increased supported by
their neighbors.
Councilman Gurnee agreed that the Council should support the
request as State employees were an important part of the City's
economy.
Mayor Schwartz felt the City Council could better serve the
citizens of San Luis Obispo by going on to more important matters
rather than becoming involved in discussion of academic salaries.
On.motion of Councilman Norris, seconded by Councilman Brown,
that the request be received and filed. Motion carried with
Councilman Gurnee and Graham voting no.
15A. The. City Council considered a request from the Human
Relations Commission that the City Council enter into an agree-
ment to fund from the HRC budget the following groups:
Grassroots II - $800.00 per month
San Luis Obispo County Hotline - $75.00 per month
Family Services Center - $75.00 per month.
On motion of Councilman Gurnee, seconded by Councilman Graham,
the request was approved subject to the signing of a contract
between the individual agency and the City of San Luis Obispo.
Motion carried..
City Council Minutes
August 6, 1973
Page 14
16. 'The City Council adjourned to executive session'.
17. The City Council adjourned to 5:001P. M. Wednesday,
August 8, 1973, for a joint meeting with the Parks & Recreation
Commission.
On motion of Councilman Graham, seconded by Councilman Brown,
the meeting adjourned.
APPROVED: January 21, 1974H. F.7WATRICK, CITY CLERK
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