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09/03/1974Pledge Roll Call MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 3, 1974 - 7:00 P.M.' CITY HALL PRESENT: John C. Brown, T. Keith Gurnee, Jesse Norris and Mayor Kenneth E. Schwartz ABSENT: Myron Graham City Staff PRESENT: J. H.-Fitzpatrick; City Clerk; William E. Flory ; Director of Parks & Recreation; R. D. Miller, Administrative Officer; Don Englert, Police Captain; Robert Strong., Planning Director On motion of Councilman Brown, seconded by Councilman Gurnee, Donald . O'Connor was reappointed to the City Housing Authority for a four year term expiring on June 30, 1978. I. At this time the City,.Council considered the FINAL PASSAGE of ORDINANCE.NO. 621, an ordinance of.the'City.o:f San Luis Obispo amending the zoning ordinance to reduce parking requirements for various. outdoor uses in the C -H zone. Robert Strong,.Planninq Di rector,.reviewed for -the City Council the recommendations of the Planning Commission regarding parking requirements for certain outdoor retail uses in the C -H zone. Mayor Schwartz declared the public bearing open: No one appeared before the City Council for or against the ordinance... Mayor Schwartz declared the.public. hearing closed. . On motion of Councilman Gurnee, seconded by Councilman Brown, Ordinance No..621 was introduced for fina_I passage on the following roll call. vote: AYES: Councilmen Gurnee, Brown, Norris and Mayor Schwartz NOES: None ABSENT:' Councilman.Graham ' 2. At this time.the City Council considered the FINAL PASSAGE.of. ORDINANCE NO. 623, an ordinance of the City. of San Luis.Obi.spo amending the Municipal Code to provide.that signs erected, existing; or maintained in violation of provisions of the sign ordinance are public nuisances. Mayor Schwartz declared the public hearing open. City Council Minutes September 3, 1974 Page 2 No one appeared before the City Council for or against the proposed ordinance. Mayor Schwartz declared the public hearing closed. On motion of Councilman Brown, seconded by .Councilman Gurnee Ordinance No. 623 was introduced for final passage on the following roll call vote: AYES:.: Councilmen Brown, Gurnee, Norris and Mayor Schwartz NOES:. None ABSENT: Councilman Graham 3. At this time the City Council considered the FINAL PASSAGE of ORDINANCE NO. 624, an ordinance levying a tax for the current 1974/75 fiscal year upon all taxable property within the City of San Luis Obispo and fixing the rate of such tax. The proposed tax rate was set at $1.33 per each $100 of evaluation. L: Councilman Gurnee stated he was opposed to the $1.33 rate. He felt the City should reduce the tax-rate by the same proportion that the increase in assessed evaluation was placed on the-properties for the 74/75 fiscal year. He felt the tax rate should be reduced to $1.10 per $100 evaluation. He continued that the City budget was-based on a slight increase in assessed evaluation, and not the tremendous increase in assessed evaluation that occurred in 74/75. Thus, he did not feel that the City government should reap the rewards of.such a great increase in tax assessment by keeping the tax rate at.the same level and not giving relief to the. property owners. Councilman Brown agreed . that the City Council should make a token reduction in the tax rate' in order-t6 give the property owners some relief from the.high..6ssessments recently placed on their properties.. He suggested a tax'rate of $1.25 per $100 evaluation. Councilman Norris stated he was in support of keeping the tax rate the same as had been historical in the City of San Luis Obispo, Jess the 174' for the library; but'that' in retrospect he felt that, based on the increased evaluation of 27 percent, some reduction in the tax rate should be made to give small property owners some tax relief. He felt that a tax cut was justified in an attempt to help fight inflation on a local level. He would support the $1.25.per_$1.00 evaluation as suggested by Councilman Brown: Mayor Schwartz stated he felt the tax'rate should not be reduced only for political purposes but felt that the Council should look at major expenses. faci ng City: resources in trying to,bring up the'City's utilities to a first -class condition;'and, therefore, he felt some funds should be kept for contingency in the tax rate-for City operation. He also felt that due to inflation, City costs were going up and additional services were constantly being demanded of the. City Council. Councilman Gurnee moved that the tax rate for the 1974/75 fiscal year be $1:10 per $100 evaluation. Motion lost for lack of a second. Ordinance No. 624 was.not finally adopted due to the 'following action: On motion of Councilman Brown, seconded by Councilman Gurnee that.the 1974/75 tax rate be set at- $1.25:0er $100 evaluati6h.with the General Fund tax levy being 722; the Public Improvement and Betterment Fund of 304, the Library Fund of 34, and the Park and Recreation Fund of 204. 1 1 C] City Council Minutes September 3, 1974 Page 3 On motion of Councilman Brown, seconded.by Councilman Gurnee, the following ordinance was introduced: ORDINANCE NO. 625, an ordinance levying a tax for the current 1974%75 fiscal year upon all taxable real. and personal, property within. the. City of San Lui.s..Obispo and fixing, the' rate' of such tax. Passed to print on the following roll call vote: AYES: Councilmen Brown, Gurnee, Norris NOES: Mayor. Schwartz ABSENT: Councilman.Graham 4. David.Will.iamson, Assistant Administ.rative Officer, presented for the Council's consideration a set of revised plans for the Council Chamber -�emodeiing and estimated costs for such remodeling. He stated that.the preliminary plans being presented incorporated a number of changes resulting from discussions by staff and the architect. The basic changes relate to the sitting position of the clerk /secretary, . revised exhibit board, additional mike stations, and changes in the height relationships betwe.en.Counci.l and staff sitting area and public sitting area. Also received were outline_ specifications for the _City Council Chamber remodeling which provided additional lnformation.concerning_the deta:lls of the remodeling._ He submitted an estimated cost as of.August 30, 1974 for.the remodeling of the Counc i 1. Ch ambe rs of $79,678 including the audio - visual equipment and the various chairs. ' The City.Council'discussed the .conceptual drawin, -gs on.the Council Chamber remodeling as prepared by the architect, and made suggestions for amending or i.mproving.1t. Upon arrival of the architect, Ethan Jennings, the City Council again reviewed various items proposed by staff and the architect for remodeling of. the chambers. On motion of Councilman Brown, seconded by Councilman Gurnee that the City Council approve the design concept and authorize the arc hitect'to proceed with_ the_. detai .l ed. plaps.. and .specifi.cations in light of the. evening's discussion with the.City Council. Motion carried., Councilman Norris voting No, Councilman Graham absent. . 5. At this time the City Council held a PUBLIC HEARING on.the appeal of Dennis B. Wheeler, Jr. from a decision of the 'Architectural Review Commission regarding construction at 2545 Broad.Street. The building permit was applied'.for prior to.the purchasing of the property., the developer received a plan checklist and then purchased the property knowing.what.requirements the City would make. These decisions were all made prior to the formation of the Architectural Review Commission, and they had met' all requirements of the plan check and.all City.zoning, and building regulations. .However, when the builder applied for the .final building permit, the Architectural Review Commission ;denied the site plan.as well as suggested archi- tectural improvements to the building. The appeal..of.Denn.is B. Wheeler.was.on denial.of the site plan.. He concluded that prior to submittal .to, tthe ARC much.t.ime was spent.on. City Council Minutes September 3, 1974. Page 4 the site p.lan with the .staff, and that the site plan submitted was the best that had been cooperatively developed which considered the constraints.of the site. . Dan Smith, Associate Planner, reported that at the regular meeting of the Architectural Review Commission, held August 26, 1974, the appli- cation from Dennis B. Wheeler was denied on.the. vote of three to one. The grounds for denial were as follows: I. A one -way driveway access and'asphalt paving would be constructed around three sides of the., duplex. structure and would create a very undesirable living environment for the occupants of the structure.. The duplex would be unsafe for children who might reside there and would not. provide any. usable yard area for the residents except a.sma11:front.ya,rd which was adjacent to the street' _ 2., The "S" curve in the driveway to be, used for egress,. while meeting minimum code requirements,,would b_e a minimal solution and would. create blind.curves. 3. The proposed four unit. apartment.. structure was,lacking in architectural design and needed improvement. The Architectural Review Commi.ssion..indicated they.were.aware.that the site. plan complie...with minimum site. development standards for the:: R -2 zone, but felt that. it was;.their' duty to ensure appropriate design despite minimum code requirements and that the applicant's plan did not represent an acceptabl.e.design. Robert Strong, Planning Director, stated that the City Council approved a request for a dual driveway, perhaps not considering the:e'ffects of surrounding the existing duplex with paving and traffic, prior to the.. Architectural Review Commission existence. Additionally, the staff's initial, plan check February,. 1974 did. not. suggest that .the, driveway arrangement. would be unacceptable.. If the permit had been pursued on a normal schedule, it would have been ' issued prior to Architectural Review Commission. formation, without any additional.s_ite plan and architectural changes. Preliminary design approval was received prior. to Arch itecturaI'Review., Commission existence and in the- op.inion of the staff the p rob lem, was.._ one of transition ...... The rules have changed" and'it is inequitable, in staff opinion, to treat a project in final des ign.the,same as one at an initial conceptual stage. The applicant is willing to cooperate with Review Commission concerning architectural could not accommodate site.pl.an or density Robert Strong stated he considered this "c view of.prior staff and Council acceptance and in compliance with.code standards. the staff and Architectural alterations. but apparently .changes at this late date. :)mpromise "'reasonable in. of the proposed development Robert Strong., Planninq Director, then reviewed the Architectural, Review Commission's minutes.of the. meeting of August 26, 1974 at which time ' the application was denied for development. Councilman Norris stated that he objected.to the City Council hearing this appeal, as he felt that this matter had been settled by the City Council in February, 1974 long before the Architectural Review Commission ever came into existence. He felt all that was being done now was a show 1 1 City Council Minutes September 3; 1974 Page 5 of power by the Architectural Review Commission .to question the Council's decision. Mayor Schwartz declared the public hearing open.''' David Burke representing Dennis Wheeler appeared before the City Council on behalf of the appeal.: Roger_:Marshall,.ARC ifiember, spoke in support.of.the ARC action in rejecting this project as he felt the design of the property was inadequate and the driveway would be a hazard to the children. He also did not like the building design as presented or the site plan for the use of the property. Lawrence-:Field, ARC member, spoke in support of the ARC action stating that he felt.the design was:not good from an architectural standpoint even though visibility from the street was limited and the trees in the rear would shield the building somewhat.. He felt there was no effective screen from the adjoining property. He was of the opinion that the two -story building with two bedroom units would not be in keeping with the existing neighborhood, and he felt the dual driveway was unacceptable.. He.stated he di.d agree with the applicant that the parcel was a difficult one to design, however, he felt the City should not allow anyone to go ahead with a plan that was unacceptable and undesirable for the City. Mayor Schwartz declared the public hearing closed. CounciI man :Gurnee . stated he agreed with the recommendation of the Architectural Review Commission i.n this case as he felt that the project would be detrimental to the City and to the neighborhood and thus supported the action of the ARC. Councilman Norris stated he was.opposed to the ARC.action in denying development at 2545 Broad Street.. He felt the City Council had already taken action on this project and the developer should not have to keep coming back for approvals. Councilman Brown stated he would support the recommendation of the Planning Director on this matter, that the development plan should be worked out with the staff and try to get the best development on a very difficult site. He stated he would support the appeal of Dennis Wheeler. Mayor Schwartz reviewed with Robert Strong, Planning Director, the sequence of this project through the Various city departments, boards and commissions.. He stated.that while he supported the action of the ARC and felt they were correct „ he also felt that due.to. prior action of the Council on the development, the appeal must be upheld. He also hoped that the developer would cooperate with the.ARC and follow the directions of the ARC to upgrade the building design. On motion of Councilman Norris, seconded by Councilman Brown that the City Council uphold the appeal:of: Dennis iB. Wheel.er based on prior. acti.on.of the City Council in February, 1974. Motion carried, Councilman Gurnee voting No,•Councilman Graham absent. 6. Review of staff report on Highway 227 project and Council determination of the extent of initial.City participation in this project (report distributed to the City Council August 19, 1974). City Council Minutes September 3, 1974 Page 6 Mayor Schwartz stated that he reviewed in detail the staff recommendations presented at the August 19 meeting and hoped that the City Council could give directions to the staff so that the City's portion of the project could be coordinated with the Department of Transportation in an effi- cient and economi-cal fashion. -The Mayor stated he saw this as an oppor- tunity for a joint effort that would save the City money and reduce unnecessary expenditures in the future for re -doing essential services as well as tying up a major traffic artery. He.recommended the following: I. SCHEDULE The City recognize Cal Trans' tight schedule and program the City's work to fit that timetable. If necessary, the City could engage appropriate professional services if City staff could not accomplish the'necessary.design work without disruption of other priority work: I. 2. SEWER F Follow staff recommendation as cost-was minimal. 3. WATER Install system to meet futu re. demands as recommended by the staff.in schedule "B ". Installation.of fire hydrants to meet new City standards. Staff should present more details relative to a formation of an improvement district for the balance of the improvement. 4. BIKEWAYS AND SIGNS City'expenditure was minimal. Bike lanes should be provided in both directions: The Mayor stated he would favor elimination of curb parking on both sides of the street, but realized the hardship involved in the resi_: dential areas. However, curb parking should be eliminated on'both sides from High to Funston (commercial) and from Orcutt south.• 5: STREET TREES: The Mayor stated the staff recommendation was a good one and should be accepted as-.it made for a handsome street in the future. The City should:provide the trees and well covers for a 50 foot nominal spacing on both.sides of the street in the.sidewalk: area with:additional trees to be placed behind the sidewalk area to create a 25ifoot nominal spacing on the west side between Funston and Orcutt. 6. INCIDENTAL IMPROVEMENTS A. Wherever widening would require rebuilding of curb and sidewalks at corners, ramps 'to accommodate the hand!.= capped shouId:be constructed by whoever bore the. responsibility for reconstruction -- -State or City. B. Improved­storm.drainage:as per staff recommendati:on.' 7. UTILITY UNDERGROUNDING Based on reports it seemed the City was too late for effective coordination, and this matter should be considered City Council Minutes September 3, 1974 Page 7 as a part of a future phase. of Broad Street imp rovement plan. 8. MEDIAN ISLANDS The Mayor stated he would like to see the City proceed with the recommended median island development,,but that. he understood that Cal Trans believes this .could not be made, a part of this project for two reasons. I) The EIR did not indicate raised medians; and 2) the project was "sold" for Federal financial support without medians. To add medians to the project at this time would jeopardize Cal Trans'.tight schedule. If that were correct, the City should drop the median proposal at this time and add them incrementally in the future with gui'dan'ce from the Design Review Board. However, the City should try to coordinate medians in. the project between Orcutt and Rockview as this segment would have no parking on either side and properties would have 'to be redeveloped and consequently could be designed to meet. li.mitations.i.mposed by median islands. The City Co.unc.i.I and staff 'discussed the recommendations of the staff at the August 19 meeting and also the Mayor's analysis of each individual item and discussed them as follows: I.. SCHEDULE.- Approved by the City Council. 2. SEWER - Approve recommendation., 1 3. WATER -. Approve recommendation. 4. .BIKEWAYS AND SIGNS -. Adopt staff recommendation's regarding bikeways.and signs, Councilman-Norris voting No.' 5. STREET TREES - Adopt staff recommendation with Councilman Norris opposed to trees in the four foot sidewalk area as.he felt. the City's experience on Foothill Boulevard was very detrimental to pedestrians. 6. INCIDENTAL IMPROVEMENTS.- .Adopt staff. recommendation. 7. UTILITY UNDERGROUNDING - To be pursued by the 'staff when possible.with.the Council adopting the recommendation for continued' consideration. .8'. MEDIAN ISLANDS '- On Broad Street f.rom.Orcut.t to.Capitolio . were estimated at $50,000 for construction,.$15',000 for landscaping, with a total. estimated cost'of $65,000. On motion of .Counci.Iman Brown, seconded by. Councilman.'Gurnee that the Counci'l's actions on the eight items be accepted with: the objections noted by Councilman Norris; also that staff be authorized to prepare plans an'd speci..fications for median.islands on Broad Street ,from.Orcutt.to Capitolio Lane with. no parking, but including bikeways.. Motion carried. 9:20 P.M. Mayor Schwartz declared a recess.. 9.:35 P.M. The meet:i;ng reconvened, all council.members present with the exception of Councilman Graham. City Council Minutes September 3, 1974 Page 8 7. Communication from Warren F. Dolezal, Garden Homes, Ltd., Los Verdes Park, requesting that the City Council consider the approval of Johns - Mansville PVC, class 150 water pipe with ring -.tite joints, to be approved as an acceptable alternate for use in Tract 467, Unit 2 in place of Class .I, ductile iron.pipe. Mr. Dolezal stated that it was his understanding that the PVC pipe was currently being used in the cities of Santa Barbara and Ventura as an acceptab.le,alternate to the ductile iron they were. previously using with highly satisfactory results to al.l. parties concerned. Benefits.whi.ch woul.d accrue to the City, in his opinion, were as follows: I. Strength was equal to or greater than presently required ductile iron pipe. 2. Flow characteristics withi.n the pipe were greatly improved. . The C value is 150 in PVC vs. 140 in ductile iron. 3. PVC di d not..req.0 i.re any i me rna I. p rotect i.on to maintain its high flow characteristic. . 4.. Most importantly,. corrosion resistance was reduced.. because the PVC was completely .immune to corrosion attack. by acids and /or hot soil conditions and subsequent electro- lysis. 5. The PVC was made - to ductile iron outside dimensions so as to be completely .interchangeable with the City's existing systems. He also requested that the City allow the use of Poly Butylene tubing meeting national santtati.on.foundation standards for 160 psi rating for the house laterals.. He concluded the tubing would be use'd in accordance with present standards and methods established for the City Water Department personnel.. They would-install the tubing in the same manner as the City. now used i.n.their own .installations. John Quirk, Acting Water Director, stated that.his experience with poly butylene tubing over th "e last three years had been very good. The City has had no problems wi.th it and it adapted to the City's existing fittings and was of considerably less cost than copper. He recommended the use of this-material for the service with no hesitation.. . . The heavy gauge PVC or "blue brute'" was manufactured by the Johns-Mansvi I le Company, AC pipe manufacturer. It currently'had NSF approval as well as UL approval, and was currently..being.evaluated by the AWWA for physical tests, the results of which had not been published but from all indications were satisfactory. He felt that the use of. .this material was a logical, progressive step and now was as good a time as any to adopt its use in addition to duct.i;le iron for sizes to eight inches. D. F. Romero, City Engineer, stated that the Public Works Depa'rtment'had used 'this PVC material in the past for sewer force mains and had had good experience. He believed that the t.ime had,come for the City to experi- ment with this type of material for City mains, and eventually all sewer and.water mains would be constructed of. this . material.. He, therefore, recommended and had no objection to use of this material on a trial basis within Tract 467, Phase 2. 1 1 1 City Council Minutes September 3, 1974 Page 9 A. J. Shaw, City Attorney, stated in a written communication that he reviewed.the request of Mr. Dolezal to use PVC pipe for water mains in Unit 2, Tract 467, instead of the City's standard ductile iron pipe. ' He stated it now appeared that this PVC pipe might prove to provide the City with an acceptable 41,ternate to the ductile iron pipe. Further, he stated that John Quirk notified him that the City's consultant indicated over the telephone that he 'did not object to the use of this pipe. He stated he was not qualified to make engineer- ing determinations - either a's to the adequacy and reliability of PVC pipe, however, it appeared that the City might be rushing into a decision with insufficient basis for the decision: I. If the City's consultant was going to recommend approval of a radically different Rroduct of-this type, he should certainly do so in writing.. It might be wise to ask him why-he had not made this recommendation prior to this date; 2.. If the City was going to experiment with this type of material for City mains such experimentation should be accomplished within public rights of way rather than within easements upon private property. As the Council Was aware, whenever - something went wrong with a material or method of construction upon private property which had been approved or permitted by the City, the owner of said property tended to blame the City when-the. problem occurred, claiming that the City should pay for relocation of the sewerline or waterlines, etc. 1 In any event, the City Attorney recommended that the City Council's decision should be upon objective and studied' consideration rather than as a hasty reaction to a request from a private party. Commenting on Mr. Shaw's memo, Administrative Officer Miller said Mr. Edmonston was.not the City's consultant in this area but had done some checking on prevailing practice as a personal-'favor to him (Richard Miller). 'He had made no recommendation on the matter but had merely indicated a growing trend toward use of. PVC,pipe as an alternate to ductile iron pipe. Robert A. Paul; former Water Department Director,!Ci•ty of San Luis Obispo, had submitted a memorandum in response to an inquiry of the past practice of the City using cast iron in preference•to alternate materials such as PVC plastic pipe. He offered the following comments: I. As.a result of past pipe failures, the City Council had previously required the'cast iron pipe be used to the exclusion of.all other materials for installation in the City's water distribution "system. As a result, grey cast iron pipe, American Water Works Association Specification No. C106, and ductile iron pipe, AWWA Specification No. C151, have been the.only ... materials installed in the City in recent years. ii 2. The records presently available to Mr. "Paul, including recently adopted Title 17 of the California Administrative Code,`indicated that PVC pIast4c pipe was not yet the subject of an AWWA standard specificat,ion.• City Council Minutes September 3, 1974 Page 10 3. The City's past ability to maintain its water distribution system with such a limited staff must be due in part to the adequate performance of the cast iron materials now in place. .4. In contrast to the construction practices that might be tolerated during the installation of cast iron pipe, PVC plastic pipe must be carefully bedded and back - filled in order to develop the full strength: of the pipe wall. In Mr. Paul's opinion, the quality.of 'contract construction talent available to the City covers a wide spectrum, including some which would not provide an adequate long: - range installation if PVC plastic pipe were used. Thermoplastic pipe materials, such as PVC,'might well be the most commonly used pipe material at sometime in the future. But its record of per - formance was not yet firmly established. Its inherent properties made reliable installation difficult for inexperienced contractors. Review of PVC was now underway -by some major agencies.-- But for an entity the size of the City of San Luis Obispo to attempt to match that review process by switching from a proven material, such as cast iron, to newer materials was a luxury that could not be afforded. A more prudent course would -be to review the.results of larger agencies and consider pipe material changes in light of their favorable experience. John Quirk recommended that the City Council adopt as an acceptable. alternate PVC;, Class 150 water pipe with ring -cite joints on the basis of: I. Less Cost 2. Ease of installation, and 3. Minimum corrosive problems. On motion of Councilman Gurnee, seconded by Councilman Brown that the City Council approve as an alternate the use of PVC, "Blue Brute ", 150 Class pipe, up.to eight inches in diameter in the City of San Luis Obispo as an alternate standard with the installation of magnetic tape for detection ... Motion carried on the following roll call vote: AYES: Counci4men Gurnee, Brown, and Mayor Schwartz NOES: Councilman Norris ABSENT: Councilman Graham 8. Memorandum from David Williamson, Assistant Administrative Officer, regarding a staff request presented on August 12, 1974 regarding permission for the City to deposit earth -fill material from construction of the cross- town feeder water main on City owned property in Laguna Lake. During the discussion on this matter, the staff was questioned about recent filling operations and was asked to report back on the source of the earth. material recently deposited an d. to p resent; aIternatives for removal. The ' staff was further directed to not authorize any dumping or filling tn'the City within flood -prone areas unless specifically authorized by the Council. The recent deposition of fill material on the peninsula portion of Laguna Lake Park was authorized by Lane Wilson of the Parks 8 Recreation Depart- ment as a result of a request by Tom Gingg, inspector for the Broad - City Council Minutes September 3, :1974 Page II Lincoln culvert project, on behalf of Conco Construction Company. Mr. D. F. Romero, City Engineer, submitted a report with attachments on the history of 'placi'ng 'surplus f i l l material :at the Laguna Lake Park in accordance with the adopted Hector Plan since 1966. Robert Strong, Planning Director, stated that he; William Flory, Director of Parks & Recreation; and Dave Romero, 'City Engineer recommend that alternate I' be adopted by`the City Council rather than Alternate 3 as recommended by David Williamson. ' It was the three staff members' recommendation that the .di rt. would be necessary for the:development within the Laguna Lake Park and that if this dirt were removed at this`time,.ultimately additional dirt would have to be imported for development. Wilson's authorization was based.upon an understanding on the part of the Parks. Department staff and the Public Works Department staff that suitable imported material could be placed on the City owned peninsula portion of Laguna Lake Park in accordance with the Hector Master Plan, subject to authorization by Parks & Recreation Department personnel. ' Alternatives for removal of the recently imported material for the Council's consideration were as follows: I. Leave material as is until the master plan study had been approved for future development of Laguna Lake. Park'. Some of this material could possibly be used somewhere .Within 'the park in accordance with an approved grading plan outside of the flood -plain area. '2. Remove the recently imported material on an as needed basis until it was all removed. 3. Remove.the imported material immediately using City. forces. 4. Remove the imported material immediately by'-contract. If alte mate I was selected, the material would remain where it was .for approximately one year. If alternate 2 was selected, it would be approximately two years before all the fill material was removed because .there was almost no demand for fill material except for City jobs. If alternate 3 was selected, removal would be accomplished between now and the first week in November; as.time permitted; using City forces and equipment::. If alternate 4 was selected, the material' would be removed immediately; it would take approximately 3 to 4 days at a cost of $4,500 to $5;000. In this case the material would be hauled to the County land fill site in Edna Valley. Mr. Williamson stated that -it was his-recommendation that alternate 3. be selected and that the Public Works and P.arks:& Recreation Departments combine crews and equipment to accomplish this task. Further, all City departments had:been advised of the Counci.l's directive to not authorize any filling or-dumping within areas flooded during the 1973 storm. D. F. Romero, City Engineer, submitted a report with attachments on the history of 'placi'ng 'surplus f i l l material :at the Laguna Lake Park in accordance with the adopted Hector Plan since 1966. Robert Strong, Planning Director, stated that he; William Flory, Director of Parks & Recreation; and Dave Romero, 'City Engineer recommend that alternate I' be adopted by`the City Council rather than Alternate 3 as recommended by David Williamson. ' It was the three staff members' recommendation that the .di rt. would be necessary for the:development within the Laguna Lake Park and that if this dirt were removed at this`time,.ultimately additional dirt would have to be imported for development. City Council Minutes September 3, 1974 Page 12 D. F. Romero, City Engineer, estimated that about 500 cubic yards of dirt had been dumped 'in the last year on this property.- He, too, opted for alternate I and had the .dirt s'pread in two or..three inch spread throughout the already fil"led. part: of the peninsula. Councilman Gurnee supported•.alternate 3,. move the .di.rt' out, not - another cover -up of a mistake. , Councilman Norris stated he supported a1ter-nate -.1 with the recommenldation that a thin spread out and compaction in place on the peninsula. Councilman Brown stated he also supported - alternate I with the City to use its own tractor to spread the fill over a larger area and compact as thinly as possible and try to plant it prior to the winter rains. Mayor Schwartz felt a combination between alternates I and 3 would be acceptable to him. Move the fill back on the park land, out of the flood -prone area and possibly stock pile it for future 'park development. Councilman Gurnee stated that he 'agreed with the Mayor's compromise. On motion of Councilman Gurnee, seconded by Councilman Brown that the staff be authorized.to move the fill out of the flood =plaih area, spread it thinly and try to plant it prior to the winter rains. Motion carried on 'the following roll call vote: AYES: Councilmen Gurnee, Brown, and Mayor Schwartz NOES: Councilman:Norris ABSENT: Councilman Graham ' 9. Memorandum from Johre.Qu1rk;: Acting Water Department Director, stated that, after review of Resolution No. 2435, (1973 Series) as it applied to the quarterly water projects program, he requested that the City Council consider the applying of the balance remaining for this quarter to reimburse:the, two property owners participating in the Serrano Drive water main extension in the amount 5f.$6,618. On motion of Councilman Norris, seconded by Mayor Schwartz that the recommendation of John 'Quirk be accepted and the money be allocated to this project. Motion carried. 9X. D. F. Romero; City Engineer, submitted a memorandum on City. participation in the signal cost at the intersection'of Madonna;Road and the north -bound ramp to State Highway 101. He stated that on April 17,'1961;.by freeway agreement, the 'City agreed to construct the present structure and agreed to resume .control and maintenance of each of the relocated or restructured Clty_ streets .O.. on notice....from the State that the work thereon had been completed.: This agreement implied that the City would pay for maintenance and participate in the-'cost"of: improvements within that portion which was relinquished to the City. Within the past three and one -half years, there had'been.25 accidents at the intersection of Madonna Road with the north -bound ramps of State Highway 101. Eighteen of these accidents could have been prevented by the installation of traffic signals. Thus; there was a very strong warrant, almost a mandate, for a signal installation at this location. 1 City Council Minutes September 3, 1974 Page 13 The State, on.i.ts own initiative, had prepared construction plans and cooperative agreement for which .the City's share was estimated at $27,000. However, with rapidly increasing escalation for signal i.nsta.11ati•on costs, he would guess that the City's share might well be several thousand dollars higher, even if the signal were constructed within the next six months. The State was following normal practice.i.n its freeway agreement and cooperative . agreement for sharing of- costs. ..If the State had constructed the freeway .at'South.Stre.et..in accordance with the City's proposal, there would have been no,traffi_c congestion at the.cr.'ossiIng of State Highway 101 and no need for signals. However, since the City. did agree to the modi'ficat.ion, it woul.d'appear that the City has no choice at this time but to'p'roceed with the improvements as recommended by. the .State.. On motion of Councilman Browh,.seconded by Councilman Gurnee the following resolution was introduced: RESOLUTION NO. .2659,.a.resolution of the Council of the City of San Luis Obispo approving and authorizing the Mayor...to execute agreement . with the California Department of Transportation for installation of traffic control signal system and safety lighting at the intersection of Madonna Road with State Highway Route 101 north- bound ramps. ' Passed and adopted on the following roll call vote: ...AYES:. Councilmen Brown, Gurnee, and Mayor Schwartz . . . NOES: Counci.l.man Norris ABSENT: Councilman Graham 10. Commun i cat i'oi Building.Department be underground permit for Higuera Street, in the basis that there would would be constructed. i from Dennis' B. Wheeler requesting that the authorized to issue, a foundation, slab and the J. B. Dewar Warehouse Addition, 2947 South moratorium area. The request.was made.on the be no increase in fire hazard, as no combustibles On.motion.of Councilman Gurnee., seconded by..Councilman Brown that the permit be .approved for.foundation, slab, and unde,rgrounding . at,2947 South Higuera.Street w1th.no. comb ustible construction to be allowed and with no new.water service to be.connected until the lifting of the moratorium. Motion carried, a.11 ayes... Robert Strong, Planning Director,.asked the Council for ,policy on future foundation and slab construction permits with non - combustible construction as several developers within the moratorium area are similarly affected, and to avoid coming to the City Council with each individual permit. The City Council stated that the Building Department could issue permits subject to the same conditions as the permit just .approved for Dennis Wheeler. ' II. William E. Flory, Director. of Parks 8 Recreation requested'. permission of the City Council.-to submit three appl.icati.ons to.the State of California for funds to acquire.an addition to'the Santa Rosa. Park, to redevelop a portion of Mitchell Park, and.to procure lighting. for Meadow Park. The three projects if 'approved by the County Board of Supervisors.and the State Department of Parks and.Recreation would be,financed.through the passage of the recent State Beach, Park, Recreational and Historical,Facilities.BOnd Act of 1974. City Council Minytes September 3, 1974 Page 14 The.Park & Recreation Commission were unanimous in` selecting these three projects as their , priorities for state'funding and recommended them. strongly for C.ity'Cbunci.l.. cons ide,ration. The allocation of the state grant for the three projects would be $147,695. R. D. Mi I I er,. Admi.n i strati.ve; Of.f1cer., added that.the Park 8 Recreation Commission also suggested that any City funds freed as a 'result of the .grant. of the .State of. California for .these three :projects might..be.:. considered for additional park and recreation projects. On motion.of Councilman Norris, seconded,by Councilman Brown .the _follow- ing resolution was introduced: RESOLUTION NO. 2660, a resolution of- .. the Council of the City of San Luis Obispo approving application for State Beach, Park Recreational and Historical Facilities Bond Act of 1974 funds for.an addition to Santa Rosa Park.through. acquisition. Passed and adopted on the :foilowing'roll call vote: . AYES:. Councilmen. Norris, Brown,,Gurnee and.Mayor Schwartz NOES: None ABSENT: Councilman.Graham On motion of Councilman Norris, seconded by Councilman Brown.the follow- ing resolution was introduced: RESOLUTION NO. 2661, a resolution of the Council of the City of San Luis Obispo.approving ;application for State Beach, Park, Recreational and Historical Facilities Bond Act of 1974 Funds for Mitchell Park Development Project. Passed and adopted on the.fol.lowing roll call.vote:.. AYES: Councilmen Norris,.Brown, Gurnee and Mayor Schwartz. NOES: None ABSENT: Councilman Graham On motion.of Councilman Norris, seconded by :Councilman Brown the follow- ing resolution was introduced: RESOLUTION NO. 2662, a. resolution of the Council of the .City of San Luis Obispo approving :application for.State Beach, Park, Recreational and Historical: Facili.ti:es Bond Act of .1974. Funds for Meadow Park Development Project. Passed and adopted on 'the fol.lowing..rolI call vote: AYES: Councilmen Norris, Brown, Gurnee.,_an'd Mayor Schwartz NOES:. None ABSENT: Councilman Graham 12. Recommendation of the Mass Transportation Committee that the_ bus line be.extended.southerly on Higuera,Street to .serve Los Verdes Park, an addition of 1.2.mil.es for each ,round tri'p. The.recommendation implied.placement of a bus sign.and bench at the pick -up point and so' recommended to the..City Council.., On'motion..of Councilman Gurnee seconded by.Councilman Brown that the recommendation of the Mass Transportation Committee.be accepted and the staff was authorized to proceed. Motion carried, Councilman Graham absent. City Council Minutes September 3, 1974 Page 15 13. Memorandum from William E. Flory, Director of Parks 8 Recreation, submitting a recommendation of.'the Park 8 Recreation Commission that the City engage the services of a PGA Golf Professional to oversee manage- ment of the Golf Course and to operate the Golf Shop concessions. They also requested permission to advertise ,for submiss'ion 'of . proposals from professionals to manage the Laguna Lake Golf Course through August 31, 1975. On motion of Councilman Norris', seconded by Councilman Brown the City Council accept the recommendation but allow. an advertising period of thirty days for proposals from a PGA professional to operate the Laguna_ Lake Golf Course. Motion carried, Councilman Graham absent. 13X. The City Council considered a memorandum of understanding regarding a limited streambed maintenance program by Zone 9 of the Flood Control and Water Conservation District of San Luis Obispo County. I Councilman Gurnee, representing the Waterways Planning Board, asked that any funds spent under the streambed maintenance program be spent in areas for best protection of the City, starting with the upstream protection and not necessarily within the City of San Luis Obispo. Thelmost important thing was to protect the City from future devastating floods. On motion of Councilman Brown, seconded by Mayor Schwartz that the City Council approve the memorandum of understanding as presented by the County of San Luis Obispo. 13Y. D. F. Romero; City Engineer, submitted a report from John Jenks', Sanitary Consulting Engine'e'r, for the water pol lution control plant - bypass elimination plan. He recommended that Plan C, which implied a future expenditure of approximately $125,000. This work would have to be completed prior to October 1975, in order to meet the requirements-of -the Water Quali..ty Control Board•standards. On motion of Mayor Schwartz, seconded by Councilman Brown that the City Council accept the report by John Jenks and the matter be filed with City staff for action and implementation. :Motion carried, Councilman Graham absent. On motion of Councilman Brown, seconded by-Mayor Schwartz consent items C -I, C -3, C -4; C-5, C- 6,.0 -7, C =8, C -9, C -10', and C -Il were approved as recommended_.. C -1 The claims against the City of San .Luis.'Obispo were authorized payment subject to approval by the Administrative Officer. C -3 The following contract pay estimates 'were approved: Con co Est. #1 $21,964.50 CULVERT REPLACEMENT City Plan No. 16 -74 MISSION PLAZA' RETAINING WALLS Est #'I $25,602.16 City Plan No.. 21. -.74 City Council' Minutes September 3, 1974 Page 16 Jack S. Foster Est. #I $ 2,025.00 MUSTANG.VILLAGE GRADING City Plan No. 43 -74 Karl eskint- Crum; -1 -nc Est. #6 -$ - -483.30 MEADOW PARK —PHASE 111 FINAL X4:1382:73 City Plan No. 4 -74 Madonna Const.. Co. Est. #1 $210753.00 EDNA SADDLE- RESERVOIR City P.Ian No. W73 -8 Walter Schmid Est. #2 REC CENTER ADDITION City' Plan No. 27 -74 Smee's Plumbing 8 Heating Est. #1 SEWER SIPHONS. City Plan No::13 -74 Walter Bros. Const. Co. Est.' #3 POLICE FACILITY CARPORT EXT. City Plan No. 28 -74 $ 9,144.00 $16,109.10 $ 1,707.75 C -4 On motion of Councilman Brown, seconded by Mayor Schwartz, the following resolution was introduced: RESOLUTION NO. 2663, a resolution of the Council- of the City of'San Luis Obispo authorizing the Department. of General Services'of the State of California to purchase certain items. Passed and adopted on the fol'lowing roll call vote: AYES: Councilmen Brown, Gurnee, Norris and Mayor Schwartz NOES: None ABSENT: Councilman Graham C -5 The report from M. E: Willeford, CPA, on audit of the City's financial records for the fiscal year 73/74 was ordered received and filed. C -6 The request from Richard S. Penksa,. Manager,' Mountain Sports., for permission to use Santa Rosa Park on October 20, 1974, 'from 2:00 to. 7:00 P.M. for a promotional program, and also requesting permission to sell soft. drinks was approved subject to the filing of a hold - harmless agree- ment and an insurance liab,ili.ty certificate. C -7 The following announcements.of appointments we.re made: Gary Hawkins - Maintenance Man II at Step I or $700, effective 8/20/74, 'subject to a one -year probationary period. Robert F. Newmann - Fireman at Step I or $838, effective 9/16/74, subject to .a one -year probationary period. Michael W. White - Maintenance Man II at Step I or $700, effective 9/1/74, subject to a one -year probationary period. 1 1 City Council Minutes September 3, 1974 Page 17 C -8 The request from James Negranti for transfer of the Morro Club (card room) business license to Tex Braudrick (1974 /75.license paid) was referred to the Police Department for investigation. C -9 An agreement between the State Department of Transportation and the City to grant permission to the City to construct, install and ' maintain two water mains and a pressure regulator system on and across Madonna Road and 50 Higuera Street was approved and the Mayor authorized to sign the agreement. C -10 The memorandum from David Williamson, Assistant Administrative Officer, regarding Project COPE proposed by the California Association of the Physically Handicapped was referred to the Human Relations Commission. C -II The communication from Homer Odom, Promotional Coordinating Committee Chairman for grants to the ART ASSOCIAT.IOM,- $2,470, MUSTANG BOOSTERS - $1,000, and COUNTY BAND - $1,200 were approved by the City Council. ---------------------------------------------------------------- B-1 City Clerk reported that only one bid had been received for BARMINUTER for the wastewater plant. The bid was from T. H. Creears Corporation.:-in:the amount of $15,918, plus tax'. D. F. Romero, City Engineer, recommended that the bid be accepted since it'-is -the 'supp I i er for th i s district of, this. make. On motion of Councilman Gurnee, seconded by Councilman.Brown that the bid of: T. H. Creears Corporation be .accepted in the amount of $15,918. Motion carried. B -2 City Clerk reported on the following bids received 'for PARALLEL SEWER LINES, City Plan No. 46 -74. Bids :opened August 27, 1974 at 3:00 P.M. Engineer's Estimate $40,872.50 Charles Pratt Const. Co. 32,718.65 P.O. Box 1295 SLO, CA R. Baker Const. Co., Inc. 48,968.37 P.O. Box 419 Arroyo Grande, CA Paso Constructors 63,901.00 Route I, Box 14D Paso Robles, CA D. F. Romero, City Engineer, recommended that the low bid of Charles Pratt Construction Company in the amount of $32.718.65 be accepted. On motion of Councilman Gurnee, seconded by Councilman Brown that the low bid be awarded to Charles Pratt Construction Company. Motion ' carried. B -2A On motion of Councilman Gurnee, seconded by Councilman Brown the following resolution was introduced: RESOLUTION NO. 2664, a resolution adjusting the 1974 -75 Budget. (Increasing Account (50) 40- 7062 -719 by $3,500.) City Council Minutes September 3, 1.974 Page 18 Passed and adopted on the following roll call .vote:'. AYES: Councilmen Gurnee, Brown, Norris and Mayor Schwartz NOES: None ABSENT: Councilman Graham TRAFFIC COMMITTEE ITEMS TC -1 74 -9 -IC Proposal to cooperate with Department of Transportation to construct median on Broad Street between Orcutt Road and Rockview (proposed on a split vote) was ordered received and filed. TC -2 74 -9 -2T Requested red curbing (2 car spaces) on the east; side (a) of Broad Street south of Upham was denied. TC -3 74 -9 -2T Requested stop sign on Woodland at Wilding Lane was (b) denied. TC -4 74 -9 -2T Requested stop sign on Murray at Casa Street was denied. (c) On motion of Councilman Brown, seconded by Councilman Gurnee all traffic committee items were ordered received and filed. Motion carried. On motion of Councilman Brown,'seconded by Councilman Gurnee, Mayor Kenneth E. Schwartz was authorized to attend the League of Cal:i.fornia Cities as chairman of the Mayors' and Councilmen's Division Resolutions Committee with expenses "paid by the City. Motion carried. The City Council then adjourned to Executive Session. On motion of Councilman Brown, seconded by Councilman Norris the meeting adjourned to Tuesday, September 10, 1974 at 7:30 P.M. Motion carried. APPROVED: December 2, 1974 H. ITZPATRICK, City Clerk I 1 1 1