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HomeMy WebLinkAbout09/04/1973MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA Tuesday, September 4, 1973, 7:00 P. M. COUNCIL CHAMBERS, CITY HALL Pledge Roll Call Present: Councilmen John C. Brown, T. Keith Gurnee,_Jesse.E. Norris and Mayor Kenneth E. Schwartz' Absent: Councilman'Myron Graham City Staff Present: R.D. Miller, City Administrator; A.J: Shaw, Jr., "City Attorney; J.H. Fitzpatrick, City Clerk;.Dave William- son; Assistant Administrative Officer; Ron Young, Planning Director; Dave Romero, City Engineer; John Quirk, Water Department; Paul Landell, Engineer's Office; William Flory, Parks & Recreation Department; Jack Wainscott, Battalion Chief. ----------------------------------------------------------------------- - - - - -- C -I. . ..Claims against the City of San Luis Obispo for August,.1973, were approved and payment authorized subject to the approval of the Administra- tive Officer. C -2. The minutes of the regular meeting of the City Council of. February 7, 1973, were approved. C -3. The following bids received for STREET RECONSTRUCTION PROJECTS, ' City Plan No. 26 -73: Harold D. Peterson $44,710.60 Atascadero M.J. Hermreck $45,776.10 Nipomo Ted Watkins $47,250.40 Paso Robles R. Burke Co. $471467.00 SLO Walter Bros. $47,734.26 SLO A.J. Diani $48,788.00 Santa Maria Madonna Const. Co. $49,183.08 SLO The low bid of Harold D. Peterson for $44,710.60 was approved. 1 - Clerk resented bids received for PERFUMO CHANNEL VEGETATION C 4. City p REMOVAL, City-Plan No. 9 -74: Walter Bros. $ 5,500.00 SLO City Council Minutes September 4, 1973 Page 2 Harold D. Peterson $ 6,500.00 Atascadero Ted Watkins $ 8,512.00 Paso Robles A.J. Diani $10,220.00 Santa Maria D.F. Romero, City Engineer, reported to the City Council that the Fish & Game Commission of the State of California were planning to protest the work proposed in this contract and suggested that the City Council hold over any action on awarding this bid until the protest had been received. The matter was continued to the next regular meeting. C -5. City Clerk reported on the following bids received for PERFUMO CHANNEL MODIFICATIONS, LAGUNA LAKE OUTLET,'City'Plan No. 7 -74: Walter Bros. $48,075.00 SLO Madonna Const. Co. $122,840.00 SLO City Council awarded the bid to the lowest bidder, Walter Bros: Const. Co., San Luis Obispo, $48,075.00. C -6. City Clerk reported on the bids received for TASSAJARA STREET CULVERT RECONSTRUCTION, City Plan No. 1 -74: R. Burke $ 9,351.00 SLO Madonna Const. Co. $10,660.00 SLO Walter Bros. $10,776.00 SLO A.J. Diani $11,446.00 Santa Maria Ted Watkins $12,948.00 Paso Robles Conco General Eng. $13,772.00 SLO M.J. Hermreck $15,475.00 Nipomo The low bid of the Richard Burke Corp., San Luis Obispo, $9,351.00 was accepted C -7. City Clerk reported on the bids received for SS -193 and LOCAL STREETS RESURFACING PROJECT, City Plan No. 6 -74: A.J. Diani $24,350.00 Santa Maria R. Burke Corp. $25,162.50. SLO M.J. Hermreck $26,951.55 . Nipomo Walter Bros. $27,234.10 SLO Madonna Const. $27,613.90 SLO 1 1 r City Council Minutes September 4, 1973 Page 3 Harold D. Peterson $27,916.00 Atascadero Ted Watkins $29,190.00 Paso Robles - City Council awarded the bi.d to A.J. Diani Const. Co., Inc., Santa-Maria $24,350.00. C -8 The City Council approved the following contract I. payments as presented: R.' Baker Const. Co.. Est. #2 $1,075.67 water project- Augusta St. near San Marcos C.P. W73 -2 Sch:l I C.P. W73 -2 Sch.li FINAL $ 1597.60 R. Baker Const. Co. i. Est. #2 $5,676.10 water project- McMillan Ave. between Orcutt Rd. & Morrison, C.P. W73 -2 Sch.11 C.P. W73 -2 Sch..I,I,, FINAL $1,945.33. R. Baker Const. Co. Est.; #,I $7,930.80 water project - Church St. between Garden & Broad Sts. C.P. W73 -2 I Chas. Pratt Const. Col. Est. #I $8,099.11 ' water project -Peach St. between Morro & Chorro Sts. Chas. Pratt Const. Co. Est. Nl $5,016.06 water I.ine, fire hydrants, valves. appurtenances I• C.P. #27 -73 _. I Bunnell Const. Co. Est'. #3 $2,561.36 Paint & Sign Shop for City .Yard C.P. #I5 -73 R. Burke Corp. Est. #1 $9,032.85 Creek obstruction removal San Luis Creek, Marsh to Morro, C.P. #6 -73 R. Burke Corp. Est. 1l $45,616.01 Street resurfacing.project, SS -183, 184, 185, 186 C.P. #21 -73 M.J. Hermreck Est, #1 $41,426.35 Street reconstruction & ' resurfacing project C.O. #I $ 295.00 Est. #2 $ 4,602.93 FINAL Chas. PrattiConst. Est. #1 $52,338.28 Higuera -Los Osos Valley Rd.' (combined payment) sewer, water, drainage city $16,709.94 improvements, Tract 467 developer $35,628.34 C.P. #27 -73 (sewer system) City Council Minutes September 4, 1973 Page 4 Walter Bros. Const'. Co. Est. #1 $ 2,286.00 Madonna Rd. culvert enlargement C.P. #23 -73 C -9 The City Council approved the request of Linnaea Phillips for per - mission to •use the Mission Plaza to present "Christmas:in..the_Plbza" on either December 8 & 9 or December 15 & 16, 1973, subject to the same condi- tions as the Fourth of July and,other plaza celebrations. C -10 Memo from R.A. Paul, Director of Water Services, forwarding the report prepared.by Dames & Moore entitled "Letter Report - Additional Ground Water Studies -:Los Osos Vallev - Lower Higuera Area Water Svstem Improvements." The matter was set for future Study Session with Penfield'& Smith, Water Consultants. " III C -II Recommendation from the City Staff on the City renting a Xerox 2400 copy machine with 20 -bin sorter and 10 unit'auditron control system in place of the present Copytron machine. Recommendation of the City Staff accepted by the City Council and authorized to.proceed withlleasing the new machine. i' ' C -12 Progress Report from R.A. Paull,' Water Director, regarding solution to the water supply problem in Los Osos Valley =- .Lower Higuera Area as required by Ordinance No'. 568 was orderedlreceived and filled. C -13 R. D. Miller, Administrative Officer, presented'for the City.Council the inventory of all city property as of July-15, 1973 which was ordered received and filed. C -14 .Communication from the City Planning Commission recommending that the City'Council proceed with the annexation of the newly purchased City - owned property at the easterly corner of Madonna Road and Los Osos Valley Road, Fire Station site and that staff be authorized to process an application through the local agency formation commission. On motion of Councilman Brown, seconded by Councilman Norris; the following resolution was introduced: RESOLUTION NO. 2498,' a'resolution bf the Council of the City of San Luis Obispo authorizing the staff to file an application with LAFCO for annexation of City -owned property at Madonna Road and Los Osos Valley Road. Passed and adopted on the following roll'ca.11 vote: AYES: Councilmen Brown, Gurnee, Norris, and Mayor. Schwartz NOES: None ABSENT: Councilman Graham C -15 Communication from the Planning Director forwarding a recommendation of the City.Planning Commission to amend the City Sign Ordinance to provide for free standing signs in the R -I, R -2, R -3, R -H, and R -0 zones. City Council set a public hearing for the Septem6er,11, 1973 meeting-on the rec- ommendediamendment.to the signed ordinance: C -16 Communication from the Planning Director reporting that the Planning Commission at 'its regular meeting of August 21, 1973 held a public hearing to consider the environmental impact report for the Madonna Road culvert and enlargement of Perfumo Creek Channel. It was determined -by the Planning Commission that the effects of the project be approved and the project proceed with construction, however, the Planning Commission wished the Council to be aware that upon completion of the enlargement of the Madonna Road culvert, that they would possibly increase the flooding.possibility in the area north of the Los Osos'Valley Road, Highway 101 interchange. Recommendation was ordered received and'filed. C -116A Communication from Ernest C. Miller, Chairman of UNCOLA, endorsing the Environmental Impact Report, Madonna culvert enlargement and Perfumo Channel modifications. City Council Minutes September 4, 1973 Page 5 C -17 '.A memorandum from the Planning Director stating that the Planning Commission had received requests for amendments to the General. Plan cn both sides of Tank Farm Road between Higuera Street and Edna Road and the area north of Tank Farm Road extended east of Edna Road and it was the feeling of the Planning Commission that no amendment be made to the General Plan until after the Airport Land Use Commission had adopted a land use plan. Report received and filed. C -18 A recommendation from the City Planning Commission that,the property at 670 Mill Street, Volny Const. Co., be rezoned from R -3 to. PD R -H. City Council set a public hearing for September 17, 1973. C -19 The claim against the City by Patsy and -Ricky Monroe for damage done to their car as a result of a defective traffic signal was denied by the City Council and referred to the insurance carrier. C -20 City Clerk reported on bids received for repair and re- roofing.of the City Recreation Center Building.. One bid received from James A. Quaglino, Inc. for $12,140.00. The bid of James A. Quaglino was accepted by the City Council. C -21 On motion of Councilman Brown; seconded by Councilman Norris, the following resolution was introduced: RESOLUTION NO. 2499, a resolution increasing the 1973 -74 City Budget by adding $3,000. to Account No. 227 - water refunds. Passed and adopted on the following roll call vote: AYES: Councilmen Brown, Gurnee, Norris and Mayor Schwartz NOES: None ABSENT: -Councilman Graham On motion of Councilman Brown, seconded by Councilman Norris, all items in the consent calendar were approved where no other action had been taken. Motion carried. I. A communication from Mrs. Eileen Jones, Director of Meals on Wheels, requesting financial support from the City Council in order to proceed with their program. The proposal was to serve two meals per day, one hot meal to people who are aged, disabled, and convalescing and could not do for themselves. The meals when possible would be paid for by the person receiving the meal. It was her request that the Director receive $100. per month as a salary and that $150. per month be used for liability insurance, therefore, Mrs. Jones requested $1,150. to see the program through from September to June 30, 1971. Mayor Schwartz explained that the City had a Human Relations Commission who were responsible for screening all requests for social services and that it was his feeling that the City Council should refer the request of Meals on ' Wheels to the Human Relations Commission for study and recommendation to the City Council. The Council concurred in the Mayor's suggestion and the matter was referred to the next meeting of the Human Relations Commission with report back to the City Council. 2. Consideration by the City Council of the formation of a proposed parking and business improvement district in the general downtown business district. The proposal was made at the request of the Downtown Association and the funds would be raised by an increase percentage -wise of all business licenses within the district boundaries. 1 I r City Council Minutes September 4, 1973 Page 7 A.J. Shaw, City Attorney, at the request of Mayor Schwartz again reviewed the provisions of Ordinance No. 593 which wol,d authorize the City to enter . into an agreement. with persons or organizations to provide bus .passenger service on routes within the City of San Luis Obispo. Mr. Shaw reviewed - the provisions of the ordinance and concluded that upon the effective date of the-ordinance, specifications could be advertised to seek proposals from persons who wished to operate a bus sys.te:n. within . the City under the con -. ditions of Ordinance No. 593. On motion of Councilman Gurnee; seconded by Councilman Brown, Ordinance No. 593 was introduced for final passage. Finally passed on the.follow.ing roll call vote: ` AYES: Councilmen Brown, Gurnee., Norri-s, NOES: None ABSENT: .Councilman Graham and Mayor Schwartz:: 7. At this time the City Council held. a Public Hearing on Resolution No. 2495. A resolution of intention to abandon a paper alley between Meadow,.Lawton, South and Funston.. Streets.. D.F. Romero, City Engineer, presented a sketch showing.what was .being aban- doned as the street had never been used by the City,. and that the proceedings would be taken to abandon•the alley at this time, .but .he did recommend that the final action not take place until a deed had been received for street widening on South Street. Mayor Schwartz•declared the •Public Hearing open. No one appeared to speak for or against.the abandonment. Mayor Schwartz declared the Public Hearing closed. On motion of Councilman Norris, seconded.by Councilman Brown,.the following Resolution was introduced:. RESOLUTION NO.. 2500, a resolution.finding and determining that the paper.al.l.ey between Meadow, Lawton, South and.Funston. Streets ss unnecessary for present or prospective street purposes and.ordering the abandonment of same without reservation of.easements. Passed and.adopted on the following roll call vote AYES: Councilmen Brown, Gurnee, Norris and Mayor Schwartz NOES: None ABSENT: Councilman Graham 8A, B & C. A communication from Hal.Bankston, Realtor,. requesting.that the City Council extend the time to supply. City water-to the M.C. Jones property on the ccrner•of.Edna Road and Industrial Way outside the City.f.or.a further length of time as the proposed annexation of this property was.rejected by. the'City Council. Also a letter from.Jonny L. Ortiz requesting.continuation of City water:to his property outside the City. located.on Calle Joaquin. David Williamson, Assistant AdministratiJe.Officer, presented the recommen- dation "of R.A. Paul, Water Department Director, on "the.two.proposals to . continue using City water outside-the City limits. Mr. Williamson stated that in view of the present available.water: supplies within..the City, which were inadequate to provide for.the projected needs of.the City, he did not feel it was desirable to maintain temporary water services outside the City limits. Therefore, he suggested that the City Council adopt a.policy regarding existing and future water services outside the City limits. Permanent municipal water service would not be.provided to any.customers outside the City•limits of San Luis Obispo except to.permanent service connections which had been legally installed and continuously used prior City Council Minutes September 4, 1973 Page 8 I to Septembe r,4, 1973,!and.temporary municipal provided to customers outside.the City limits conditions:. water.service.wouldlnot be except upon the following I. That the County.Health Officer..recommends that temporary.water service should.be made to.residential premises to eliminate.health hazards, or . i .. i. i 2. The City Council approves.the recommended .installation for a specific :duration of time. He further recommended that existing temporary water services outside the City limits should be terminated within a time,periodiset by the.City Council. Mr. Williamson then reviewed the history of the temporary water service for M.C. Jones on Edna Road and Industrial Way.... On February 5, 1973 the City Council on appeal.of.Mr.i Bankston i.n.behalf of the property owner, was authorized domestic water service on a temporary basis to a parceh outside the City due;to the existing well having collapsed during the January storms. The.Council.approv.ed the temporary,installa- tion subject to various conditions which were all met by, the property owner. Mr. Williamson then reviewed the temporary water service for Johnny L. Ortiz on Calle Joaquin and.the City limits. On December-.17,,11971 Mr. Or:tiz.applied to the.City Council for temporary.installation . of a,domestic water service as an alternate source of water other.than the wel.l.water on. the property, which was.used for irrigation, as;the.we.11. water,,was :found to be contaminated and unsanitary for public use. The Council.authori,zed a temporary water service attached to an existing public fire hydrant within the City and that the.service would .terminate at,the termination, of Mr. Ortiz' lease in November, 1972. Mr. Ortiz had continued to occupy the property and the water service had not been-terminated.. It,was the. Water Department's recommendation that both the Jones and Ortiz services - be terminated after August 27,:1973.: Mr.. Hal Bankston.appeared before the City Counci.l,on.behalf.of Mel Jones,.. urging that ;the temporary water service ,be .continued to the. !two fami; 1, i es on.the Jones property.. He stated that the wel.11 had not been re.actiivated. and :that these two families needed the water service for their existence:.. He continued that whi.le the property being served was outside.the City of San Luis Obispo, the water main went right in.front of the,proper,ty and it served additional properties outside the City, and it was his feeling that if these property owners did not pay the water:bil.ls, the.City would not recoup any of the cost of the water lines that they had placed outside the City, and he concluded that if they cut off the two.families.living on the Jones property, then he also felt that the water service to the Giant Food Market and to Westside Auto Parts should.also be cut.off.. Mr. Bankston continued that at the request of the City Council he had pursued annexation through LAFCO,.Planning Commission and to..the City Council. In all cases, the annexation,had been approved and.had,previousl.y been tentatively approved by the City Council but at the.final;hearing the City Council rejected the.proposed annexation. He had hoped that the., City Council would allow the two families on the Jones.property to- continue to use City water until.the.property.was.annexed, which he. felt was a logical expansion of the City and was in accordance with the recently adopted general plan.. Mr. Jon Ortiz,spoke.on behalf of .his.request: for City water stating that.the well water, while it was adequate for irri -.. gation. purposes, was contaminated and could not be.used for drinking purposes.. And.he.stated that his family needed the drinking.water. and that the property that he lived on was-.just,immediately outside the City. limits,.and.hoped the City.Council would.see clear to continue the use of the water. The City Council discussed.the proposal and r,eport.of the Water Department. Directo• and al.so the recommendation for the City.Council.to,adopt.a policy on outside City.utility. extensions... 1 1 City Council Minutes September 4, 1973 Page 9 On motion of Councilman Gurnee, seconded by Mayor Schwartz, the following resolution was i'ntroduced:' RESOLUTION NO. 2501, a resolution adopting a policy relating-to City water service outside the City limits. Passed and adopted on the following roll call vote: AYES: Councilmen Brown, Gurnee and Mayor Schwartz NOES: Councilman Norris ABSENT: Councilman Graham On motion of Councilman Brown, seconded by Councilman Gurnee, that the Jones property would be disconnected from the City water system as of April I, 1974. Motion carried. On motion of Councilman Gurnee, seconded by Councilman Brown, that the Ortiz temporary water service would be discontinued as of December I, 1973, at the expiration of his present lease. Motion carried. 9. At this time the.City Council considered a staff report on a public nuisance (stockpiled dirt) at 1192 Foothill Blvd. Mr. Paul Landel'I' of the City Engineer's Office reported that he had contacted Mr. Al Cane of Mustang Village and informed him that the City Council found it would be satisfactory if he included in his contract and specifications for the addition to Mustang Village the necessary earth work to abate the declared nuisance. .Further, he stated he would agree to this recommenda- tion and further would have a soils engineer make a soil report and submit it to the Building Department prior to construction. Mr..Landell concluded that in' a telephone conversation with-Mr. Cane, he agreed. to abate the nuisance as requested by the City Council. Mr.. Romero read a letter which he had j'us't received, i'n which Mr..Cane stated he would have the dead trees removed by September 15,.1973,'and anticipated the earthwork to be ' conducted by.January 15, 1974. On motion of Councilman Gurnee, seconded'by Councilman Brown, a resolution ordering the abatement by December 1, 1973, of the public nuisance in the form of stockpiled dirt at 1192 Foothill Blvd by I. Removal of material and restoration of the site to its original condition, or 2. Removal and recompaction of the material, with adequate provi- sions for drainage. RESOLUTION NO. 2502, a resolution of the Council of the City of San Luis Obispo finding the existence of a public nuisance and ordering the abate- ment thereof (Mustang Village). Motion carried on the following roll call vote: AYES: Councilmen Brown, Gurnee, Norris and Mayor Schwartz NOES: None ABSENT: Councilman Graham 10. Consideration of a staff report on public nuisance (stockpiled mounds of dirt without permit) at 1391 Los Osos Valley Road. Mr. Paul Landell of the City Engineer's Office reported that he had met with the property'owner, Ron Benzer, regarding the abatement of a public nuisance at 1391 Los Osos Valley. He reported that the mounds of dirt were still in existence and that the City's request to Mr. Benzer to have them either removed, graded and compacted.un der. grad! ng permit, or spread and smoothed was protested by Mr. Benzer. He concluded that Mr. Benzer would be pro- testing this proposal to the City Council as he felt the Council's action was unreasonable in requiring the abatement of the problem and the mounds of dirt on his property. Mr. Gerald Shipsey, Attorney for Ronald Benzer, City Council Minutes September 4, 1973 Page 10 appealed to the City Council to rescind their action of August 20, 1973, in declaring the dirt piles on Benzer property on Los Osos Valley Road a public nuisance. He stated that the property was located in the area on which the City Council had declared'a building moratorium due to a water shortage, and that Mr. Benzer was unable to get.a building permit to use the land under discussion. The dirt had been originally stock- piled under a valid permit and was to be used as part of the grading program for an apartment complex, but now that the moratorium is in effect Mr. Benzer could not proceed. He continued that if the Council gave Mr. Benzer an approval to go ahead with his building, he would commence building tomorrow and that the stockpiled dirt would be used.in the development. Mr. Shipsey also questioned the steps that led up to the City Council's declaring that this property and the dirt.upon it was a public nuisance. Mr. Ron'Benzer, property owner, stated that all the dirt he had on his property was to be used for development to fill the low portions of the lot prior to construction. He continued that the reason he had not levelled the dirt was that the cost involved in.compacting in place and then going back later to sterilize the organic.materi.al that would grow . through the compacted dirt would be too expensive, and would not benefit either the City or the. new building. D. F. Romero, City Engineer, upon question, recommended that the City Council order Ron Benzer to spread and level the stockpiled piles of dirt on the property just as was done by the City Council on the Deete'r property. On motion of Councilman Brown, seconded by.Councilman Gurnee, the following.' resolution was introduced: A resolution reaffirming the Council'Is action of August 20, 1973, declaring the existence of'a public nuisance at 1391 Los Osos Valley Road and ordering the abatement of the nuisance by making the mounds of dirt-levelled and graded by December -1, 1973. RESOLUTION ' NO. 2503, a resolution of the Council of the City of San Luis Obispo finding the existence of a public nuisance and ordering the abatement thereof ( Benzer.) Passed and adopted on the following roll call vote: AYES: Councilmen Brown, Gurnee, Norris and Mayor Schwartz NOES:- None ABSENT: Councilman Graham Mayor Schwartz declared a recess at 9:00 P.M. The Council reconvened at 9:15 P.M. Councilmen Brown, Gurnee, Norris and Mayor Schwartz were present; Councilman Graham absent. ' II. At this time the City Council considered the final map and sub- division agreement for Tract 445, Johnson Highlands #8. D.F. Romero, City Engineer, presented a map showing a proposed development and layouts as approved by the Planning Commission and the tentative map approved by the City Council. He also submitted the following subdivi- sion agreement listing the following special conditions: I. A lot frontage exception is granted for-lot 2. 2. The developer shall pay the City.the sum of $266.11 (266.11 feet at $1.00 per foot) for City planting and maintenance of street trees. 3. The developer shall pay the City the sum of $1,345.74 (1,8434812 acres at $730.00 per acre) water acreage fee to the City water system.. 4. It is mutually agreed that grading fees in the amount of $104.00 will be deposited with and treated in the same manner as normal inspection 1 1 1 City Council Minutes September 4, 1973 Page II fees. . _ I 5. The.developer shall pay the City'the sum of $372.00 which is.' the fair.market' value for .0930 acres of land. These funds are to be used for future park developments.' These five special conditions are in!• addition to the normal bonding requirements and inspection fees. On motion of Councilman Norris, seconded by Councilman Brown, the following resolution was introduced: RESOLUTION NO'. 2904, a resolution approving - the final map of Tract 445; Johnson Highlands #8 (Blaser.) Passed and adopted on the following roll call vote: AYES: Councilmen Brown, Gurnee, Norris and Mayor Schwartz NOES: None . ABSENT: Councilman Graham On motion of Councilman Gurnee, seconded by Couuncilman :Norris; the following resolution setting up the inspection fees for Tract 445 was introduced: RESOLUTION NO. 2505, a resolution increasing the 1973 -74 Budget. Passed and adopted on the following roll -call vote: AYES: Councilmen Brown, Gurnee, Norris and Mayor Schwartz NOES: None ABSENT: Councilman Graham 12.' Communication from Ray C. Skinner; Developer at the Los Osos Valley area, requesting special Council consideration for single family lots in the. Laguna Lake area, which recently, have been added to the building permit moratorium, but which were originally exempted from the moratorium in the Los Osos Valley area if'the lots were approved or the mobilehome spaces improved. He based his argument on the fact that at the time that the various subdivisions were approved in Los Osos Valley, prior to the adoption of Ordinance No. 568; the moratorium ordinance, • that the City Council had agreed by written contract to provide•City i water service and other utilities to every lot in the subdivision if the subdivisions were built in accordance to the approved plans and speci- fications. He continued that each purchaser of the lot within the., subdivision relied on these contracts, and he felt that they had a legal right of enforcement and damages if they were not provided with water service. Subsequent to the original adoption of the moratorium ordi- nance, the City Council amended the ordinance to eliminate the exemption to develop lots within subdivisions and develop lots within mobile park homes. And he felt that the City Council should take steps to reinstitute this exemption as provided in the original ordinance. Mr. David Williamson, Assistant Administrative Officer, stated that the letter of R.C. Skinner regarding the build! -ng moratorium in Los Osos Valley had been previously discussed by the City Council; some of it most recently during the extension of-the moratorium provisions, and he felt the principal unanswered point of Mr. Skinner_s letter seemed to be of legal nature rather than related to Water Department Administration, and he therefore recommended that the City Council- defer discussion of, the Skinner letter at its September 4; 1973 meeting and refer the letter to the City Attorney for report and response to Mr. Skinner. The City Council referred the Ray C. Skinner letter to the City Attorney for clarification of legal- points and continue the matter to the next regular meeting. 13. '''Memorandum from R.A. Paul, Water - Director, stating that by the adoption of the amended Uniform Fire Code the City required as a condition to construction that adequate fire flows be available at a project site.. The available fire flow was measured as a residual amount available during a maximum average day of water consumption with water pressures held i i City Council Minutes September 4, 1973 Page 12 above the state required minimum throughout the service area. As discussed previously with the City Council, fire flows in conformance with the code requirements cannot be provided.within the area designated as. "temporary deficient fire flow area" without dropping pressures below minimum levels during high consumption.- Such a period of high consumption would occur during the summer of 1974 prior to the completion of the Los Osos Valley - Lower Higuera area water supply improvements. Therefore, consideration has.been given to recommending an extension of a building moratorium requirements of Ordinance No. 568 into the area of temporary deficient fire flows. At a recent Study Session, the Council authorized the prepara- tion of final construction plans for the Los Osos Valley - Lower Higuera area water system improvements. The Council intended that the first phase of the improvements_ would. be the old town feeder which would be operational prior to the summer of 1974, and that at that time the area of temporary deficient fire flows within the southwesterly portion of the old town would be eliminated and consideration of extension of the building moratorium would be unnecessary. Therefore,.with the City Council's concurrence the following interim procedures would be used by the Water Department in building plan check process within the area of temporary deficient fire flows. A. For proposed structures requiring fire flows of 2500 gallons per minute or less, the available fire flow would be determined by review of available . test data gathered during 1970 -1972. Certification of this level of available fire flows would be based on the assumption that the old town feeder would be completed by the spring of 1974 and that as a result the present deficiencies would be eliminated. B. For proposed structures requiring a fire flow of more than 2500 gallons per minute, available fire flow would be dete.rmined;by individual test and analysis. .At locations where; this level of fire flow is required, but not presently available, certification of available fire flow will not be made. The City Council discussed with the staff the implications of the recommendations of the Water Director. On motion of Councilman Gurnee, seconded by Councilman Brown, the following resolution was ,introduced. RESOLUTION NO. 2506, -a resolution approving an interim procedure to determine available fire flows within the area of "temporary deficient f1 re. flows." Resolution.p.assed. and. adopted, on the following roll call vote: AYES:;. Councilmen Brown, Gurnee and Mayor Schwartz.. NOES:. Councilman Norris ABSENT: Councilman Graham 14. The City Council . discussed the memorandum from the City Attorney regarding pending state legislation, Assembly Bill 2008, which was the clean- up.bill for Senate Bill 90, 1972 session. At present the Bill provides for the reimbursement of cities of expenditures required by State mandate on the State average unit cost. The League of.Cali�fornia Cities felt .that the City should be reimbursed for actual costs of the service given. Mr. Shaw reported that the League recommended support of Assembly Bill 2008 if it required the reimbursement of. act ual. cos t, not state average,_unit cost. On motion of Mayor Schwartz, seconded by Councilman Brown; to support .. Assembly Bill 2008. Motion carried. Mr. Shaw reported ,:that Senate Bill 629, which is a bill .requiring that the cities and counties hold an election before approving any joint -power agreements, was being opposed by the League of Cities, and Mr. Shaw suggested that the City Council also oppose the bill as it could jeopar- dize the possible formation of .a joint - powers agreement for drainage basin studies now being negotiated between the City and the County. 1 1 n i Cit�Council Minutes Sep'-amber 4, 1973 Page 13 On maion of Mayor Schwartz secon'ded.bY . Councilman Gurnee the following resoli�tion•was introduced: RESOLUTI.ON.NO. .2507;.a resolution of the Council of the CIty•of San Luis ObVspo.op.pos.ing Senate Bill 629.. Passed and ad'Ipted on -the fo1.1ow:ing roll. call .vote: AYES:. Councilmen Brown, Gurnee, Norris and.Mayor Schwartz `. NOES: None �BSENT: Councilman Graham I 15. .The Design Review Board minutes of August 14, 1973 were reviewed and ordered received and. f1 led. 17. 1The.Ci:ty Council'again.consi.dered Waterways.Planning.Board App Iicati or, . No. 037, which:requIred Counci 1.approvaI to. construct , two foot bridges and a vehicular bridge over a. waterway... The property was located south of Orcutt Road. The very small channel proposed to be filled as shown on Waterways Exhibit "B" was not subject to f.crmal City action unless the City: Council .wished to consider the improvement., The deveIoper. proposed .to realign the storm waters as.they..crossed Orcutt.Road to a natural ?channel approximately 200 feet to.the west and to f.i.11.in this. channel in.gr'der to provide for a better mobile home development. D.F. Romero, City' {Engineer, presented the recommendations of. the Waterways Planning Board and the actions on the proposed. development. Councilmen Gurnee and :Brown, members of the .Waterway Planning Board, also submitted. testimony as to discussions held by the Planning Board. On motion of. Mayor .Schwartz, seconded by .Councilman Brown, .that , based on ... the testimony :presented the hydraulics for the channel were. not needed and that the Council approved the coVeri.ng provi.ded.that.the middle channel- could handle the additional flows. Also approved, two foot bridges and one vehicular bridge as recommended by,the Waterways Planning Board. Motion carried. Councilman Gurnee voting no. 18. The City .Council considered the plans and specificati,ons,.for. STREET TREE PLANTING, City.Plan.No. 18 -74.. Santa Rosa.Street, Olive to Foothill Blvd., $9,000. estimated cost; and Foothill Blvd., California to Tassajara, $14,000. cost of total of $23,000. which consisted of 92 street trees at $250. each.. The Planning Department had,suggested that the.City Council also call for bids on two alternates:. I. For four palm tree groupings at $500., a total of $2,000. to be placed along Foothill Blvd.-and another alternate of 2. 40 tree lids for the Park Department at $1,040. These tradi- tional tree lids to be used for replacement and repair of damaged lids. Mr. Ron Young, Planning Director, presented the plans and specifications and locations of the trees as part of the street tree program. He pointed out that City Engineer Romero had objected to the tree planting in the narrow sidewalks during an earlier staff meeting. On motion of Mayor Schwartz, seconded by Councilman Gurnee, that the City Council approve the plans and specifications and authorize a call for bids including the two alternates. 19. D.F. Romero, City Engineer, presented the plans and specifications for REVISION TO THE PLANTER IN PARKING LOT NO. I, City Plan No. 8 -74. The estimated cost to be $2,900. On motion of Mayor Schwartz, seconded by Councilman Gurnee, the plans and specifications were approved and the bid call was authorized. 20. The City Council considered the Traffic Committee report of August 9, 1973; Traffic Committee report 73 -8 -6T: The Traffic Committee City Council Minutes September 4, 1973 Page 14 has discussed the proposed.traffic signal improvements at.Santa Rosa ani Foothill.. The Cou'nci.l will recall that the.City's share, $18,000., was'. removed from the budget.. .However, later information reported to the Council by David Romero indicated that the lack of.'.improvements.might lave an adverse effect on traffic turning movements at the southeast cornerand also on bike lane patterns. Mr. Romero. has .aIso advised .that, .based in the City's budget deletion, the State had dropped immediate plans for'the improvement. Mr. Romero has contacted the State regarding.the possille reactivation of the project. We feel, however, that the Council shald observe conditions as they become more apparent.and consider an.evermore aggressive position in urging the State to reactivate the project. On motion of Councilman Brown, seconded by Councilman Norris, that the City. Council approve the recommendation of the Traffic Committee and auhorize the City Engineer: to .encourage the State.to reactivate the signal project at Foothill and Santa Rosa and proceed with..the .improvement. Motion. carried, Councilman Gurnee voting no: The City Council then considered the Traffic.Committee.Report.of August 9,,. 1973, Report 73- 8 -7T:. The Traffic Committee is .receiving continuing. reports about the impossible traffic problem developing at the intersection of the northbound freeway off -ramp and .Madonna Road, .especial ly:as.far'as left hand turning movements are concerned. '.We feel. that 'the problem.is.reaching crisis proportions and request that Mr. Romero. be asked. to contact the State to request that they .make a study regarding 'the need for traffic'.... signals. If they find that signals are warranted, we think we will have. to pay 50% of the cost. . After a lengthy discussion between the City. Council and staff,.the City Engineer was authorized to request-the Division of Transportation to.make appropriate studies of the traffic at this intersection.. 21. The City Council adjourned to Executive Session. 22. The City Council reconvened in regular session and on motion of Councilman Gurnee, seconded by Mayor.Schwartz,.that,the City.purchase the. Koethen property on Broad. Street for $22,375.. Motion carried.. 23. On motion.of Councilman Norris; seconded by Councilman Brown, the meeting adjourned at 11:00 P.M..to Tuesday, September,ll, 1973, for Study Session. Motion carried. APPROVED: October 1, 1973 H. FWz1a9t7 ric k City Clerk 1 i 1