HomeMy WebLinkAbout10/15/1973MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
OCTOBER 15, 1973 - 7:00 P.M.
Pledge
Roll Call
Present:. John C. Brown, Myron Graham, T. Keith
Gurnee, Jesse E. Norris, and Kenneth
E. Schwartz
Absent: None
City Staff
Present: J. H. Fitzpatrick, City C1erk;.W. E.
Flory, Parks and Recreation Director;
R. D. Miller, City Administrative
Officer; E. L. Rodgers, Chief of Police;
D. F. Romero, City Engineer; L. Schlobohm,
Fire Chief; A. J. Shaw, Jr., City Attorney;
David Williamson, Assistant Administrative
Officer; R. Young, Planning Director
C -1. The City Council approved the minutes of May 14, July 16, July 17,
August 20, and September 4, 1973.
C -2 &
C-2A. The City Council received a memo from L. Schlobohm, Fire Chief,
regarding a weed abatement budget increase of $4,500. R. D. Miller, Adminis-
trative Officer., recommended that the budget increase be granted.
On motion of Councilman Brown, seconded by Councilman Norris, the
' resolution was introduced:. RESOLUTION NO. 2520, a Resolution increasing
the 1973 -74 budget.
Passed and adopted in the following roll call vote:
AYES: John C. Brown; Myron Graham, T. Keith Gurnee,
Jesse Norris, Kenneth E. Schwartz
NOES: None
ABSENT: None
C -3. The Council received a request from the Director of Planning and
Building that Mr. Doug Donaldson be allowed to attend a course for Planning
Commissioners at the City's expense. The one -day course will be held on
Saturday, November 17, 1973 in Marin County. The Council approved the
request.
C -4. R. A. Paul, Water Director, requested that the Council authorize
an extension of the contract for City Plan No. 27 -73 (Higuera Street and
Los Osos Valley Road Extension, Water Improvement, Tract 467) for an addi
tional period of thirty days. The request was approved.
C -5. The
covenant for
walk at 1429
C -6. The
discussion w
construction
City Council approved and authorized the Mayor to record the
temporary retaining walls back of a four -foot integral side -
Phillips Lane.
Council reviewed a memo from D. F. Romero, City Engineer, regarding
Cth Mrs. John Boriack of the implications.of storm drainage
between the carport and Pepper tree.
D. F. Romero, City Engineer, explained that due to the lateness in the year,
the City must get the property by immediate possession so that work could be
completed before the winter rains.
City Council Minutes
October 15, 1973
Page 2
A. J. Shaw, Jr., City Attorney, outlined the.steps the City Council
must take in order to acquire the property by condemnation and immediate
possession.
The City Council discussed at length the proposed project and
possible alternate routes.
On motion of Councilman Gurnee, seconded by Councilman Graham,
the following Resolution was introduced: RESOLUTION NO. 2519, a res6lution
of the Council of the City of San Luis Obispo finding and determining that
the public interest and necessity require the construction of an.enlarged
and realigned underground drainage culvert across the real property generally
described as the Boriack property at 172 Broad Street, for drainage and
maintenance purposes; and directing the City Attorney to institute eminent
domain proceedings.
Passed and adopted on the following roll call vote:
AYES: John C. Brown, Myron Graham, T. Keith
Gurnee, Jesse Norris, Kenneth E. Schwartz
NOES: None
ABSENT: None
C -7. The Council received a communication from T. C. Hosford appealing
the charge for the removal of two Sycamore trees from the creek bank at
1700.San.1uts.Drtse. The matter was referred to a future public hearing.
C -8. The Council received a communication from Mrs. N. E. Bentley
protesting the removal of a designated Sycamore tree from her property.
at 1794 San Luis Drive. The matter was referred to a future public hearing.
C -9. The City Council approved the following salary step increases
effective November 1, 1973.
Roberta I. Goddard - Accountant
From Step 3 or $988 to Step 4 or $1,042
Robert E. Hamilton - Water Meter Reader
From Step 1 or $618 to Step 2 or $652
Louis J. Schwiebert, II - Police Officer
From Step 4 or $988 to Step 5 or $1,042
C -10. In the matter of Council consideration of adoption of Architectural
Review Ordinance, Councilman Norris suggested that before setting a public
hearing, the City Council should first hold a study session to discuss the
contents of the proposal and then hold a public hearing.
Councilman Graham, felt that the matter of an Architectural Review
Board, Committee or Commission had been before the City for several years
and he felt that the City needed such a group and he supported going
ahead with a public hearing without further delay.
Councilman Brown agreed that the City Council should move ahead with
a public hearing in order to hear from the public on the proposal.
Councilman Gurnee agreed that the City Council should move ahead
with the public hearing on the recommended ordinance.
The public hearing was set for November 5, 1973.
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City Council Minutes
October 15, 1973
Page 3
C -11. The City Council received a communication from Edward E. Chadwell
regarding the cease and desist order at 540 Broad Street. The matter was
referred to'a future public hearing.
C -12. On motion of Councilman Gurnee, seconded by Councilman Graham,
the following Resolution was introduced: RESOLUTION NO. 2516, a Resolution
of the Council of the City of San Luis Obispo accepting Bequest to City
and appointing Trustee in accordance with the terms of said Bequest,
(Mary Jane Duvall):
Passed and adopted on the following roll call vote:
AYES: John C.- Brown, Myron Graham, T. Keith
Gurnee, Jesse Norris, Kenneth E. Schwartz
NOES: None
ABSENT: None
B -i. . J. H. Fitzpatrick; City Clerk, presented a report on bids received
for STREET TREE-PLANTING, City Plan No. 18 -74 - Santa Rosa, Olive to Foot-
hill and Foothill,, California to Tassajara. Bids were opened October 11, 1973
at 2:00 p.m. (Budget $23,000. Current estimate with additive alternates:
$26;040. C.I.P. 415 1972- 73,'plus Foothill increment: R.D.M.)
It was moved by Councilman Gurnee, seconded by Councilman Brown that the
City accept the low bid of Dennis Landscape (21,568.00). Motion carried.
AYES: John C. Brown, Myron Graham, T. Keith
Gurnee; Jesse Norris, Kenneth E. Schwartz
: NOES: None
ABSENT: None
B -2. J. H. Fitzpatrick, City Clerk, presented a report on bids received
for one physical conditioning machine (Universal Gym Gladiator, Stations 1
through 15) or equal. Bids were opened on.Monday, October 15, 1973 at
10:00 a.m. Bid price FOB-San Luis Obispo; excluding federal.excise tax.
All- American $2,421.49
Santa Barbara, CA
Universal-Athletic Sales .$2,421:49
Fresno, CA
As both bids were identical, the Mayor tossed a coin and the bid of Universal
Athletic Sales of Fresno for $2,421.49 was accepted on motion of.Councilman
Gurnee, seconded by Councilman Brown. Motion carried.
AYES: John C. Brown, Myron Graham, T. Keith
Gurnee, Jesse Norris, Kenneth E. Schwartz
NOES: None
ABSENT: None
Alternate #1
Alternate #2
Contractor
Base Bid
40 Tree Lids
4 Palm Groupings
Estimate-
$23,000.00
$ 1,040.00
$ 2,000.00
Dennis Landscape
18,768.00
1,200.00
1,600.00
Karleskint -Krum
19,098.00
1,356.00
1,992.00
Cal. Nursery Serv.
20,851.57
1,080.00
1,689.71
Heatherwood Land.
22,356.00
1,300.00
1,452.00
Ted Watkins
22,813.00
1,520.00
39869.00
Vince Sullivan.
299667.00
3,730.00
4,288:00
It was moved by Councilman Gurnee, seconded by Councilman Brown that the
City accept the low bid of Dennis Landscape (21,568.00). Motion carried.
AYES: John C. Brown, Myron Graham, T. Keith
Gurnee; Jesse Norris, Kenneth E. Schwartz
: NOES: None
ABSENT: None
B -2. J. H. Fitzpatrick, City Clerk, presented a report on bids received
for one physical conditioning machine (Universal Gym Gladiator, Stations 1
through 15) or equal. Bids were opened on.Monday, October 15, 1973 at
10:00 a.m. Bid price FOB-San Luis Obispo; excluding federal.excise tax.
All- American $2,421.49
Santa Barbara, CA
Universal-Athletic Sales .$2,421:49
Fresno, CA
As both bids were identical, the Mayor tossed a coin and the bid of Universal
Athletic Sales of Fresno for $2,421.49 was accepted on motion of.Councilman
Gurnee, seconded by Councilman Brown. Motion carried.
AYES: John C. Brown, Myron Graham, T. Keith
Gurnee, Jesse Norris, Kenneth E. Schwartz
NOES: None
ABSENT: None
City Council Minutes
October 15, 1973
Page 4
TC -1. The City Council reviewed the Traffic Committee Report of
October 9, 1973.
73- 10 -7C.
At the Council's request, the Traffic Committee has studied the
request of Ms. Alice Nelson for green zoning alongside the building
formerly known as Santa Rosa Market. The Committee agrees on the justi-
fication for such zoning but feels that the red zoning east of Santa Rosa
is needed to facilitate right hand turning movements..." We - recommend that
four minute green spaces be painted to the east of the red zone and the
first driveway ramp. The abutting property owners (1120 Mill Street and
the employees entrance to the social security office) have been notified
in case they wish to register an objection.
73 -LOST.
We have received a request from Scolari's Market, 675 Marsh Street
to extend the effective hours of the loading zone behind the store on
Pacific Street (extending forty -five feet westerly from Broad Street) since'
they receive several large deliveries a week later in the day. The hours
are currently 5 a.m. to 10 a.m. We agree there is a need for a permanent
loading zone and suggest that the hours be changed to read 5 a.m. to 6 p.m.
On motion of Councilman Norris,'seconded by Councilman Gurnee, the following
resolution was introduced: RESOLUTION NO. 2522, a Resolution of the-Council
of the City of San Luis Obispo establishing a green zone on Mill Street and
changing.the hours of a loading zone on Pacific Street.
Passed and adopted on the following roll call vote:
AYES: John C. Brown, Myron Graham, T. Keith 1
Gurnee, Jesse Norris and Kenneth E. Schwartz
NOES: None
ABSENT: None
73- 10 -9T.
Item held over: Request of Lorraine Howard, for installation of
a depository box at curb in front of the City Hall to be used for unstamped
business mail to the City. The Traffic Committee has asked David Romero
to check with the Post Office on-legal aspects,. type of box and cost and
report back to the.Committee.
Continued for Staff Report.
73- 10 -1OT.
Negative recommendations:
(a) On Fire Department request for parallel parking on Monte Vista and
Mrs..Kardel request for red zoning of cul -de -sac at end of that street;
Continued to November 19, 1973 at the request of Peter Kardel.
(b) On Mrs. Langdale's request for expedited consideration of her request
for one -way street running northerly along Carmel from Marsh to Higuera.
We feel that we should get a report back from the Department of Transportation
on the situation before making a hasty decision.
Item approved.
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City Council Minutes
October 15, 1973
Page 5
73- 10 -1OT.
(c) Request for stop sign on Oak Ridge at Highland. We feel this is a
local situation and any hazard can be avoided by careful driving on the
part of the local residents.
Item approved.
73- 10 -11T.
The Traffic Committee would like to announce that, in the future,
it will hold regular meetings on the fourth Tuesday-of the month at 7 a.m.
This should normally avoid the situation where Committee members are trying
to recover from a Council meeting the night before. It .should also give
some assurance of prompt reaction to matters. referred -to the Committee, and
the timing . should work out well, in that recommendations can be prepared in
good time for the Council meeting on the first Monday of the new month.
No action taken.
1. The City Council considered the FINAL PASSAGE OF ORDINANCE NO. 595
An ordinance amending the official zone map of the City of San Luis Obispo
to rezone from R =3 district to PD R -H that property located at 670 Mill Street, -
Volny condominiums. R. D. Young, Planning Director, reviewed the Planned
Development for the City Council and the donditions established by the Planning
Commission.
Mayor Schwartz declared the Public Hearing open on the final passage.
No one appeared for or against the Ordinance.
Mayor Schwartz declared the Public Hearing closed.
On motion of Councilman Gurnee, seconded by Councilman Graham, Ordinance No.
595 was finally passed on the following roll call vote:
AYES: Councilmen Brown, Graham, Gurnee, Norris
and Mayor Schwartz
NOES: None
ABSENT: None
2. David Williamson, Assistant Administrative Officer, presented.a
detailed report on the placement of mailboxes or other receptacles within
the sidewalk area of residential districts as prohibited by the City Council
in Ordinance 572. The staff report, quite lengthy, reviewed federal regula-
tions and guidelines for the establishment of delivery service prepared by
the United States Postal Service in San Francisco, and Post Office Departments
regional instructions concerning delivery service. The regional instructions
provided that door delivery might be allowed in the principal business district
and densely populated residential areas where the average lot frontage did
not exceed 50 feet and the auerage set back distance from the mail carriers
line of travel did not exceed 30 feeti Further, that door delivery would be
provided for areas surrounded by or contiguous to areas being served by door
delivery. In meeting with representatives of the local postal department to
discuss this problem, it wasafound that they complied with regional and national
regulations and historically the local post office . had provided door delivery
to businesses and flat land subdivisions. The only exceptions had been large
lot hillside subdivisions where door delivery was impractical and in the
rural or farm areas. But the Post Office Department was encouraging a policy
to reduce their man -power requirements and also reduce their budget. One
means.of doing this was to promote the use of mailbox clusters or curb -side
mailboxes which allowed mechanized delivery rather than on foot and door
deliveries. Postal employees are encouraged to promote this kind of delivery
City Council Minutes
October 15, 1973
Page 6
2. (Continued)
system for use in conventional subdivisions where the average building
set -back line does not exceed 50 feet and when it is acceptable to the
local community. Both the Postal Service and City agreed that with few
exceptions the public wanted door delivery whenever possible, but City
Ordinance No. 572 partially defeated the purpose of Postal Service
policy because by relocating mailboxes from next to the curb to behind
the sidewalk it would be necessary to get in and out of mechanized
delivery vehicles. While this alternative provided for quicker delivery
than door -to -door service, the greater concern of complying with requests
to the public insofar as these-requests were consistent with postal
service policies overrode attempts to streamline delivery by use.of.mech-
anized vehicles. In summary, the Postal Service would provide door -to-
door mail service to conventional small lot subdivisions located on
relatively flat terrain, if requested.by the City or by the majority.of
the home owners. Since the adoption of Ordinance No. 572, which was
predicated upon.concerns expressed by both the Traffic Committee and the
City Council for public safety and community appearance it seemed that
these concerns could be resolved by:
A. Enforcing the provisions contained in Ordinance No. 572 until
violations were abated. The City should revise the abatement
notice letter to advise home owners they could opt.for door
delivery. The abatement procedure should be more acceptable
to the public now that it was known that they could receive door
delivery in accordance with official postal service policy.
B. Scheduling all appeals for a specific Council agenda rather
than scheduling each individual appeal.
C. Rescinding Ordinance No. 572 following completion of the
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abatement program.
D. Direct the Planning Department to establish a standard
condition for conventional subdivisions in leval urban areas
that mail in any other delivery receptacles be located on
private property. It was felt that mailboxes located on
private property in front yards are unsightly, then these
standards would include wording to the effect that delivery
receptacles should be located behind the required front
yard set -back, which was usually 20 feet back of the.property
line, and the line at which the structure was-nearest the street.
In the staff's opinion, mailboxes-located in landscaped front
yards were not nearly as unsightly as khen they were located.in
the concrete portion of the public right -of -way.
Ken B. Mitchell, Superintendent of Mails for the local postal
service, San Luis Obispo, stated that they had studied.this.
matter with the City staff as far as moving mailboxes from
curbside in the varioss areas in San Luis Obispo,. and that the
postal service wished to propose a solution that could be used
to gain the objectives.sought , by the City of.San Luis Obispo
and the postal service. The solution would require cooperation
between .the two groups, and he offered the following recommen-
dations:
1. Rescind Ordinances No: ,:5.12• z,
2. Define the objectives of the City and. the Post Office, and
through-conferences correct each designated area to meet these
objectives. Should an impasse occur, resolution by the City
Council could be requested. Through this solution, the customers
of the Postal Department and the citizens of San Luis Obispo
would be given the best possible service that could be afforded,
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City Council Minutes
October 15, 1973
Page i
and the City's objectives would be reached,in` all possible
ways. He again requested.that the City Council consider
the proposal and give authorization to the proper departments
and personnel to study in cooperation with the 'postal service
in gaining the objectives supported by both..
On motion of Mayor Schwartz, seconded by Councilman Gurnee that consideration
of the recommendations be continued and that the staff meet with represen-
tatives of the postal service and come back with a complete recommendation
on the mailbox situation.
Motion carried.
3. Memorandum from A. J. Shaw, City Attorney, recommended.to the City
Council procedural steps necessary to permit pinball machines within the
City of-San-Luis Obispo..' It was his feeling that -if the City Council wished
to proceed, all that would be.necessary would be to adopt an ordinance
rescinding Section 4270.1 of. the Municipal Code which prohibited certain
mechanical amusement deviees,wind he then recommended that possibly one of
the citizens' advisory groups or citizens boards could study the matter of
the fee provisions and regulations for all coin-operated-devices within the
City: The City Council discussed rate structure for mechanical amusement
devices and whether they should be upgraded and increased to 1973 level.
On motion of Councilmari Norris, seconded by Councilman Gurnee the following
Ordinance was introduced. Ordinance No. 598, an Ordinance of the City of
San 'Luis 'Obispo permitting,. piribailtmachines�with1thehgitYnbf -Sdn Luis)Obispo
(Repealing prohibitory sections in the Municipal:Code.).
Passed and adopted on the following roll call vote:
AYES: Councilmen Brown, Graham, Gurnee, Norris
and Mayor Schwartz
NOES: None _.
ABSENT: ..None
4. D. F. Romero, City Engineer, presented plans and specifications
for the WATERLINE INSTALLATION AND STREET RECONSTRUCTION PROJECT, City Plan
No. 5 -74. Serrano Drive from Broad Street westerly. The Engineer's estimate
is $79,850.00-.-- Budget-of $33;000:00 under capital outlay for street-work;
nothing budgeted under water except for the'$10,000.00 for deteriorated water
lines.
Mr. Romero stated that the project included the installation of a new 8 inch
ductile iron pipe waterline and appurtenances in Serrano Drive from North
Broad Street to Serrano Heights: Street reconstructions to include P. C.
concrete curb and gutter, driveway rampsyroadway excavation and five inch
total thickness, deep lift asphalt concrete pavement.' And,.reconstruct
Mission Street from Chorro Street to Lincoln Street with a five inch total
thickness, deep -lift asphalt, concrete pavement. The City Engineer continued
that if the Council wished to move ahead with the water line construction,
then the whole project, street and waterline, should be continued to the
spring with only a temporary pave -out for those areas with recent.curb
installation due to the winter rains. He felt that in waiting for the water-
line to be ordered and installed that the whole project would-be extiremely
difficult due to weather and poor winter access to the properties. The City
Council in discussion felt that the project should be continued so that the
complete job, waterline, curbs, gutters, sidewalks and streets, could be
completed at the same time.and that only temporary - patching be done.at this time.
City Council Minutes
October. 15, 1973
Page 8
On motion of Councilman Gurnee, seconded by Mayor Schwartz that the plans
and specifications and the project be continued to spring with staff.justi-
fication on.the waterline with City to patch Serrano Drive with minimum
construction.
Motion carried.
Dave Williamson, Assistant Administrative Officer, suggested that the
waterline not be put in until new developments were started or a special
assessment_ district formed to pay for.the needed fire flows. He felt
that there was sufficient water in this area for domestic supply, but
that the need was for fire flows, and he felt that if the City improved
Serrano Drive for fire flows they might be settling a precedent in other
areas of the City. He further suggested that the City improve Serrano
Drive to make it passable until the completed improvements have been
placed.. . .. . .
5. D. F. Romero, City .Engineer „ presented plans and.specifications
for the NORTH.BROAD STREET DRAINAGE IMPROVEMENTS, City Plan No. 11 -74.
(Budgeted under larger projects including work at Old Garden Creek and Mountain
View under revenue sharing.) Estimated cost of this project $28,000.00,
broken down as the cost of Broad - Murray project $12,000.00; cost of culvert
replacement through the Boriack,property, $16,300.00. City Engineer stated
that the Murray and North Broad -pioject'rbould'remove'silt.and debris from
the triple barrel culvert,immprove.creek line flow and banks at outlet
end of culvert and construct two drop - inlets in Broad Street, one each side
of Murray. The culvert replacement atcthi.A gruel- :propex,ty:.wouldttake placecr.
190;�feet .-northi,ofrMission'Street, would.. install. a new 42'.'. RC Pipe culvert
across North Broad Street through. an easement. in private property to dis=
charge into at existing channel that entered Old Garden Creek _north of
Mission Street. This project would replace an undersized pipe culvert and
realign the creek entering the culvert. Mrs. John Boriack, owner of the
property,through which the culvert would extend, stated that she was opposed
to the route and size of the culvert.decided upon by the City through her
property. She felt that her property would be damaged by this development
and that one route would go through her carport, which would have to be
removed and then replaced, but mainly the alternate route would damage a
large Pepper tree which she felt would be destroyed by the City's action on
her property. She hoped the City Council could find another route through
someone else's property. Mayor.Schwartz reviewed the Council's action
previously taken under Item C -6 which was the filing of a condemnation
proceding for immediate possession of an easement through.the Boriack
property. Mrs. Boriack stated that she had just that day retained an
attorney and appraiser to study this matter And that she could not compe-
tently speak to the City on this matter.
On motion of Mayor Schwartz, seconded by Councilman Brown the City Council
accept the plans and specifications and continue the.old action on the
condemnation and calling for bids until Thursday, Octoirer 18, 1973, when
the City Council will meet to see if an agreement could be reached with
Mrs. Boriack.for an easement through her property.
Motion carried.
Mayor Schwartz decla *ed a recess at 9:27 p.m. The Council reconvened at
9:30. p.m. All Councilmen present.
City Council Minutes
October 15, 1973
Page 9
6 -A. The City Council again undertook the discussion on the formation
of a flood control zone with the County of San Luis Obispo. A. J. Shaw, Jr.,
' City Attorney, again briefed the latest draft of the Joint Powers Agreement,
dated October 15., 1973, and.the cover letter which would be sent to the
County Board of Supervisors if the agreement were approved. Excerpts from
the agreement read'as follows:
"Paragraph 2. JOINT MANAGEMENT AND CONTROL OF ZONE
In the establishment of said zone, the District shall provide for a form
of joint District City management and control over all decisions concerning
the operation of the zone, including, without limitation, all decisions
related to authorization and performance of activities and projects,
establishment of areas of special benefit, tax rates, and the expenditure
of funds.
Paragraph 3. AUTHORIZATION.REQUIRED PRIOR TO EXPENDITURE
OF FUNDS
Taxes collected from District assessments and all other funds appropriated
or designated fort, zone 'purposes:�shailsbeieicpended' only upon projects or
activities which have been authorized as hereinabove prov &ded. The above
limitation applies to all stages of project design, development and
construction. With prior approval by.the zone, either party may advance
and expend its own funds from other sources for flood control purposes
and be reimbursed subsequently from taxes collected'for' zone purposes."
' City Council discussed particularly paragraphs two and three of-the pro -
posed.Joint Powers Agreement.
On motion of'Councilman Gurnee, seconded by Councilman Graham a motion was
passed approving the'Joint Powers Agreement and the draft of the letter
to be sent with the agreement to the Board of Supervisors.
Motion carried on the following roll -call vote:
AYES: John C: Brown, Myron Graham, . T. Keith Gurnee.;
Jesse E. Norris and Kenneth E. Schwartz
NOES: None
ABSENT: None
6 -B. Report of the City Engineer on creek obstruction and status of the
obstruction abatement program: D. F. Romero; City Engineer, stated that,
with.the: assistance of the'Planmmng Department, the Engineering Department
had now completed the posting and sending of notices; prepared the photo-
graphs showing'the location of each waterway hazard designated by the Water-
ways Planning Board. The Department had conducted a detailed review of
each obstruction summerized its findings together with recommendations
for alternatives to the posted abatement if such alternatives were practical.
In suggesting alternatives, the Engineering Department followed the standards
for desirables Waterway improvements previously adopted by the City Council.
The Department had also classified all-abatements in an order of priority
with Class 1 being the most urgent and Class 4 of questionable necessity. A
summary of the status of the proposed obstructions as of October 10, and an
explanation and classification of the hazards for each abatement as shown,
was presented to the City Council. He concluded that the Public Works
Department is now prepared to proceed with hearings and abatements at the
direction of the City.Council. Paul E. Landell, Jr., City Engineer's Office
City Council Minutes
October 15, 1973
Page 10
reported that 97 abatements had been filed. 33 had taken place, 16 had
promised to do the work, four had received time extensions to get the
work done, 16 had protested, 27 no action had been done, and 4 involved
situations where the City was responsible. The four classifications of
abatements are:
1. Immediate hazard from the standpoint of possible '
collapse, washing out, catching of debris or plugging.
2. No immediate danger, but should be taken care of as
soon as possible, preferably before January 1, 1974.
3. These items should be taken care of eventually, possibly
as a part of an overall channel clean -up.
4. These represent no hazard at this time in the Public
Work's Department opinion.
Priority one, nine cases undecided. Priority two, involved 20 items.
Priority three, 25 items. Priority four, ten items. Mr. Landell continued
that there would be continuing abatement of the 16 locations where verbal
assurances were made and possibly fewer than 24 no- action categories. He
felt that City Action was necessary to abate the balance of cases.
The City Engineer then presented the Waterways Planning Board minutes of
the meeting of October 10, 1973. At which time, the Waterways Planning
Board took formal action to recommend to the City Council that the City
at public expense pay for the abatement of trees and other natural growth
within the waterways of the community. And secondly, took formal action
to recommend that the City proceed immediately with all Class 1 abatements '
within the Waterways of the City as they posed a most serious hazard.
The City Council ordered all priority one items to proceed with abatement
with public hearings on the two protests for November 5, 1973. The City
staff then presented a slide show of priority one items for the City
Council's information. The City Council asked the Waterways Planning
Board to restudy their recommendations on the City paying all costs on
abatements, and asked them to look up the cost involved and where the
City should go back and pay people who had already made improvements or
just pay those who protested.
6 -C. T. Keith Gurnee, Councilman and Chairman of the Waterways Planning
Board submitted a report to the City Council on the contacts made by the
Waterways Planning Board with representatives of the State Department of
Transportation to discuss the flooding problems associated with state bridges
and culverts within the City of San Luis Obispo and to determine how and
when the State would correct these problems. On October 3, 1973, the Water-
ways Planning Board met with Herb Filliponi, representing the Department
of Transportation who reviewed department studies of drainage problems
associated with State structures in the City and its environs. Three
problem areas that were discussed were:
1. Prefumo Drainage - Fromm Creek - Highway 101
2. Marsh - Higuera Street Bridge
3. Stenner Creek Highway 101
After this meeting and with further study, the Waterways Planning Board
recommended to the City Council the following:
City Council Minutes
October 15, 1973
Page 11-
1. That the Council pass a resolution requesting the State.Department
of Transportation to push up the'Prefumo -•101 - Froom Creek and .Marsh -
Higuera Street bridge projects to top priority as emergency items'as they
' constituted a clear and present danger and should be corrected before the
target date set forth by the Department of Transportation. The resolution
should also press for advancing the priority of the Stenner Creek 101
improvements. This resolution should be conveyed to our State Legislatures
and both the statewide and division offices of,the Department of Transpor-
tation.
2. That the Council improve the entrance conditions of the Marsh -
Higuera Street bridge by removing the fill dirt that had accumulated over
the years and had severely jeopardized the drainage capacity of-the-bridge.
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3. That the Council.request that the Department of Transportation
remove the sacksof riprap on the sloped banks of the.Marsh - Higuera Street
bridge and replaee in a manner that would both increase the drainage capacity
of the structure and protect the banks from erosion.
On motion of Councilman Brown, seconded by Councilman Graham, the following
resolution was introduced:. RESOLUTION -NO. 2521, a resolution of.the Council
of the City of San Luis Obispo, urging the California Department of
Transportation to advance the priorities for correction of three flood
hazard locations.
Passed and adopted on the following roll call vote:
AYES: -. Councilmen John C.-Brown.-Myron Graham, T. Keith
Gurnee, Jesse Norris and Mayor Kenneth E. Schwartz
NOES: None
ABSENT: None
The City Council also• asked- that the Department of Transportation,be requested
to present studies on improvements to the Marsh - Higuera bridge and creek
and what the City could:do to help improve this dangerous situation.
6 -D. D..F. Romero,.City.Engineer again reiterate d.,the.,three.requests from
the Waterways Planning Board.
1.
2:
3.
Requesting the Department of Transportation's abatement
of waterway obstructions.
Clarification of the City to pay for abatement for trees
and other natural growth within -the waterways.
To,ask that the - Council proceed_.immediately with
abatement of all Class l obstructions within the
waterways.- . . . -
6 -E. D. F. Romero', City Engineer, submitted a report prepared by Paul
Landell on the implication and cost of a major dredging project at Laguna
Lake. Based on the report it was felt that the City would be committing
a substantial portion•of•its,capital,.funds should it decide to proceed with
the project. The City Engineer recommended that.prior.to embarking.on such
a project the City review its master planning for the lake area to determine
whether this'.proposed.dredging would-correspond with future plans,.as only
about.25% of the lake area was in public ownership which had been previously
dredged when the Skinner Development.was first.put.in. At that time, the
City was proceeding under the Hector Master Plan.for lake development, and
it now appeared that this plan might no longer be valid. No replacement
City Council Minutes
October 15, 1973
Page 12
plan had been submitted, and therefore, the Engineering Office did not
know where the lake was.to be.develbped to a depth to control weed growth
and midge population or' whether the lake was- to'be' left much .in. its . natural
state developed as a bird sanctuary and wild life refuge. He concluded
that before embarking on any major earth moving projects, other than the
amount needed to assure flood waters will be safely let into the lake,
that a new master plan be prepared reflecting City philosophy regarding
this development. 'with the master plan in hand the City could then'
obtain easements or fee ownership either by dedication or by outright
purchase in order to assure the City had the right and responsibility to
maintain the lake area. _Paul Landell'then submitted his-report of the
various approaches to dredging Laguna Lake to various depths and the
advantages'of each.type of proposal. '
On motion'of'Mayor Schwartz; seconded by Councilman Gurnee, that the City
Council ask the Park and Recreation Commission to work up a proposal for
a consultant for a new master plan for the Laguna Lake and Cerros area.
Motion carried.
6 -F. A. J. Shaw, Jr.,. City Attorney, informed the City Council that.the
contractor on the project constructing the third barrel on the Laguna Lake
outlet at Madonna Road and the channel widening project below the Madonna
Road had been stopped since Wednesday evening by the property owners, Ernest
Dalidio, Melvin Dalidio and Thelma Perozzi; and that'the matter was now in
Superior'Court and was heard on Monday, October 15,'1973.
6 =G. Mayor Schwarz announced that he had received a notice from.the
Department of the Army Corps of'Engineers that the Conpp would initiate
a study of the flood plain information of the San Luis creek and
tributaries. The study being made under the authority of the Corps of
Engineers. The communication was ordered received and filed.
6 -H. Richard D. Miller announced the appointment of a police officer
Gerald F. Lenthall at $315 per month, effective Nctober'16, 1973, and
Wayne A. Peterson as Assistant Director of Public Works, effective
November 16, 1973, third step of range 36, $1328.
On motion of Councilman Norris, seconded
step of the salary range was.approved for
Works.
Motion carried.
by Councilman-Gurnee., the third
the Assistant Director of Public
ITEM U D. F. Romero, City Engineer; Ronald Young, Planning Director, and
Robert Paul, Water Department Director;. reported to the City Council that
they had again reviewed the Nolte Report entitled, "Tank Farm Road Extension,
Feasibility and Geometric Study ", and submitted their comments. At a
prior, meeting, they recommended that an overpass solution seemed to be the
most economic, but a closer analysis by the Engineering Department indicated
that a number of the assumptions which tended to increase the cost of the
overpass in relation to the underpass, had been reviewed and these
modifications were'as follows:
1. The Nolte.Report underestimated the square foot price of the
overpass strnpaasesby 25%:
2. The Nolte Report estimated that the underpass would be constructed
with a 3 -bay trestle construction rather than'the concrete abutment wall
construction which was used at Johnson Avenue. This reduced the cost an
additional $150,000.
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City Council Minutes
October 15, 1973
Page .13
3. The Nolte Report assumed the bridge trestle-at the underpass
would be a decktype construction, rather than the through - girder type as
was used on the Johnson underpass. This assumption caused the grades at
the underpass to be 19wered and caused significant increases in the
earthwork.
4. The Nolte Report did not place the alignment'of the underpass
structure in the most economical location, and therefore entailed excessive
amounts of earthwork.
After reviewing these matters, it was the conclusion of the staff that due
to the far- distant time of construction and due to the nature of service of
this structure which would be generalized rather than of benefit to a
particular neighborhood, the property nearby not be assessed for a share
of the cost of the grade separation, and that this be paid out of City funds
at such future date as such facility was finally considered.
The staff report recommended that the underpass alternate be adopted as it
had the.advantage of being less expensive, of better appearance, better
alignment, being safer, and facilitating the extension of sewer and storm
drainage facilities to serve property on the easterly side of the railroad
tracks. It was also less noisy and would be less disturbing to residents
in the future.
On motion of Mayor Schwartz, seconded by Councilman Brown, that the .City
recognized the City Engineer's report as an acceptable solution for the
railroad crossing by underpass for the Tahk Farm Road Extension, and that
the City Engineer have this report attached to eafh• -copy of the original
Nolte Report.
Motion carried.
AYES: Councilmen John C. Brown, Myron Graham, Jesse
Norris, Kenneth E. Schwartz
NOES:, Councilman T. Keith Gurnee
ABSENT: None
ITEM 8 Councilman Gurnee brought to bM. Council's attention the matter
of the proposed purchase by the County Board of Supervisors of the property
on Palm Street between Santa Rosa and Los Osos Street for what appeared to
be an exorbitant price without adequate public input or public knowledge.
He recommended that the City Council take some action requesting that the
City ask the Board of Supervisors not to.take final action at their public
hearing on October 23, but to continue the matter so.that the City Council
could at least discuss the matter with them. Because of the exorbitant
prices advertised as being the purchase price of the property, many other
propertzesaand property owners .would be affected and'tax assessment would
increase. On motion of Councilman Graham, seconded by Councilman Brown, the
following resolution was introduced: RESOLUTION NO. 2517. A Resolution
requesting the Board of Supervisors to defer final-action.on the proposed
purchase of properties between Palm and Mill Street until the City Council
has an opportunity to consider said proposed purchases.
Passed and. adopted on the following roll call vote:
AYES: Councilmen John C. Brown, Myron Graham, T. Keith
Gurnee, and Mayor Kenneth E. Schwartz
NOES: Jesse-Norris
ABSENT: None
Mayor Schwartz adjourned the meeting to Thursday, October 18, 1973, at
12:10 p. m.
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APPROVED: %December 3, 1973 TZPATRICK? CITY CLERK