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11/18/19741 1 I Pledge Roll Call City Staff MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, NOVEMBER 18, 1974 - 7:00 P.M. CITY HALL PRESENT: John C. Brown, Myron Graham, T. Keith Gurnee, Jesse Norris and Mayor Kenneth E. Schwartz ABSENT: None PRESENT: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative Officer; William E. Flory, Director of Parks and Recreation A.J. Shaw, City Attorney; Robert Strong, Planning Director; D.F. Romero, City Engineer 1. At this time the City Council considered the FINAL PASSAGE of Ordinance No. 627, an ordinance of the City of San Luis Obispo amending the zoning ordinance to permit student housing dining facilities to sell meals to non - residents subject to a use permit. Mayor Schwartz reviewed the conditions of the ordinance, which was to allow student housing facilities to sell meals to non - residents subject to a use permit issued by the Planning Commission. Robert Strong, Planning Director, reviewed for the City Council the criteria established by the Planning Commission for the evaluation of requests for non - resident communal dining facilities in student housing complexes. He continued that the purpose and intent of permitting non - resident dining facilities was to fulfill a need of certain residents of the community to have available to them moderately priced, prepared meals on a regular basis. The Planning Commission felt, generally, the need for such meals was limited to the elderly, who for reasons of finances or physical capability, were not able to prepare their meals; or to students who were single and did not have financial means nor the facilities to prepare nutritious hot meals. He continued that it was not the intent of the Planning Commission in this set of criteria to permit non - resident dining activities to occur in locations where such activity would be deleterious to the neighborhood either by the presence of said facility or by the added automobile traffic and human activity related to the operation of the facility. Further, it was not the intent to permit commercial dining facilities open for general patronage, competing with restaurant facilities permitted only in commercial zones and regulated by specific development and operational standards. He then reviewed some of the basic questions that the Planning Commission would ask in determining whether or not to grant a permit for non - resident meals in a student housing complex. Mayor Schwartz declared the public hearing open. Michael Aimola, representing Stenner Glen, appeared before the City Council in support of adoption of Ordinance No. 627 stating he felt his organization could live within the criteria as explained by the Planning Director. John Becker, representing Tropicana, agreed that his organization could live within the criteria established by the Planning Commission and urged the City Council to adopt the ordinance as presented. City Council Minutes November 18, 1974 Page 2 On motion of Councilman Gurnee, seconded by Councilman Graham Ordinance No. 627 was finally passed on the following roll call vote: AYES: Councilmen Gurnee, Graham, Brown, Norris and Mayor Schwartz NOES: None ABSENT: None On motion of Councilman Gurnee, seconded by Councilman Graham the following resolution was introduced: Resolution No. 2684, a resolution of the Council of the City of San Luis Obispo adopting specific criteria for the evaluation of requests for non- resident communal dining facilities in student housing complexes. Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee, Graham, Brown, Norris and Mayor Schwartz NOES: None ABSENT: None 2. At this time the City Council continued discussion of Ordinance No. 604, the facilities ordinance. Continued from the public hearing of November 4 and the adjourned meeting of November 14, 1974. Mayor Schwartz reviewed the history of the City Council in attempting to adopt the provisions -of'Ordinance No. '604, which'would establish criteria and standards for approval of real property division, zoning changes, annexations, use permits and building permits prior to departmental certification that City facilities could accommodate the increased burden from the development. The ordinance would also provide a mandatory procedure for the Planning Commission, department heads and the City Council for review and correction I of the deficiencies. David Williamson, Assistant Administrative Officer, then presented for the Council's consideration revisions to the staff recommendations to proposed Ordinance No. 604. Report dated November 15, 1974 and received by the City Council just prior to the Council meeting of November 18, 1974. He stated the ptihciT41'point made by the staff to the City Council was that they should employ two different sets of standards relative to resource management. One set, which could be referred to as design criteria, would be applicable to all new construction and would be based upon appropriate recognized profes- sional standards. As a rule, these standards would be periodically modified to reflect latest research findings. A second set of criteria, which staff referred to as Life and Safety Criteria, attempted to identify the points at which precautionary action must be taken to either restrict the use of remaining resources or services or begin planning for the acquisition of additional resources, staff and equipment if a critical or crisis situation was to be avoided. He then reviewed in detail the staff recommendations for the responsible manage- ment of a variety of resources and services. Water Supply Precautionary Action Point ` When consumption for all customers served by the City water utility within a previous twelve month period of time totals 6,500 acre feet of water from all supply sources, the City's Utilities Engineer shall schedule a public hearing in accordance with Level 1 reporting procedures. Critical Point When consumption for all customers served by the City water utility within City Council Minutes November 13, 1974 Page 3 a previous twelve month period of time totals 7,650 acre feet of water from all supply sources, the City's Utilities Engineer shall schedule a public hearing in accordance with Level 1 reporting procedures. Note: The City water utility is presently supplying about 5,900 acre feet of water per year. It was anticipated that we would be using 6,500 acre feet of water per year by 1979. The City has an entitlement from the State of 7,650 acre feet of water from all sources. This would give the City the ' minimum and necessary ten year time frame in which to seek a greater entitlement and develop alternate supply resources. Water Distribution Precautionary Action Point If water pressures in any pressure zone or area of the City were found to be outside the 40 to 100 psi range, the City's Utilities Engineer shall determine whether or not a public hearing should be held in accordance with Level 1 reporting procedures. Critical Point If water pressures in any pressure zone or area of the City were found to be inadequate according to State standards, the City's Utilities Engineer should determine whether or not a public hearing should be held in accordance with Level 1 reporting procedures. Note: Domestic water requirements within the distribution system are in most cases less than fire flow requirements. Recommended standards for water distribution systems include the combined domestic and fire require- ments. The larger portion of the water required would normally be attributed to fire protection requirements. State standards for water pressure provide for a greater range of pressures than the precautionary action point range ' and pressures at the extreme ends of the State range were critical, especially where lines had deteriorated. It was recommended that the City's Utilities Engineer be given the option whether or not to schedule public hearings because it might be possible that problems were very temporary or that they could be resolved by making mechanical adjustments in the system. Water Treatment Precautionary Action Point If treated water volumes exceed eight million gallons per day at treatment plant no. 2 for one consecutive three -day period or if the total quantity of stored water drops to twelve million gallons the City's Utilities Engineer should schedule public hearings in accordance with Level 1 reporting procedures. Critical Point If treated water volumes exceed eight million gallons per day at treatment plant no. 2 for two consecutive three -day periods within the same calendar year or if the total quantity of stored water drops to eight million gallons the City's Utilities Engineer should schedule public hearings in accordance with Level 1 reporting procedures. Fire Suppression P ' Precautionary Action Point Fire suppression facilities have reached the precautionary action point when: (1) The difference between available water supply and fire flow requirements at the project site was less than 25 percent of the required fire flow, or (2) It becomes apparent that further development within a pressure zone may reduce available fire flows to the extent that portions or all of the zone would not meet fire protection standards. A study would be City Council Minutes November 18, 1974 Page 4 made to determine what the available fire flow was and whether or not further construction should be allowed in that zone. If it was found that all or portions of a pressure zone did not meet the standard stated above, or category (1) above standards were exceeded, the City's Utilities Engineer should schedule a public hearing in accordance with Level 1 reporting procedures. When response time to a proposed project exceeds the current four- minute response time standard, an additional amount of response time might be acceptable if fire protection features were incorporated into a project so as to effectively meet the four - minute response time standard. When response time to a proposed project exceeds the current four - minute response time standard, and there was no acceptable method by which offsetting fire protection features could be incorporated into the project so as to effectively meet the four - minute response time standard, the Fire Chief should schedule a public hearing in accordance with Level 2 reporting procedures. Critical Point Fire suppression facilities have reached a critical point when: (1) The difference between available water supply and fire flow require- ments at the project site was more than 25 percent of the required fire flow, or (2) It became apparent from studies that had been made of a pressure zone that there was an inadequate amount of water available to meet fire flow requirements in all or portions of the zone, the City's Utilities Engineer should schedule a public hearing in accordance with Level 1 reporting procedures. Sewer Collection Precautionary Action Point When sewer mains reach 90 percent of design or actual capacity and there was undeveloped land within the contributing area which if developed in accordance with the latest adopted General Plan would generate enough sewage to overload the line, the City's Utilities Engineer should schedule public hearings in accordance with Level 1 reporting procedures. Critical Point When sewer mains flow full without surcharge, this would be considered maximum and critical capacity. Certain exceptions to this might be made if a transmission or trunk line had no lateral connected to it. A surcharge or pressure condition might be allowed if there was no possibility of interrupted service to customers or property damage. If a surcharge or pressure condition became critical, the City's Utilities Engineer should schedule a public hearing in accordance with Level 1 reporting procedures. Sewer Treatment Precautionary Action Point The City sewage treatment plant should be considered as having reached the precautionary action point when average daily flows reach four and one -half million gallons per day. The City's Utilities Engineer should schedule public hearings in accordance with Level 1 reporting procedures. Critical Point The sewage treatment plant should be considered to be operating at full capacity when the average daily flows exceed five million gallons per day or when the City no longer meets effluent discharge quality requirements as established by the State Water Quality Control Board. The City's Utilities Engineer should schedule a public hearing in accordance with Level 1 reporting procedures. Note: The precautionary action point volume of four and one -half million gallons per day provides for a minimum five year time period in which to fund, design and construct additional treatment facilities. 1 1 1 City Council Minutes November 18, 1974 Page 5 Sewer Lift Stations Precautionary Action Point A sewer lift station is at the precautionary action point when flows through the station require the operation of one pump at 90 percent capacity full time. The City's Utilities Engineer should schedule a public hearing in accordance with Level 1 reporting procedures. Critical Point A sewer lift station is at full capacity when the station is handling flows requiring the operation of one pump at 100 percent capacity full time. The City's Utilities Engineer should schedule a public hearing in accordance with Level 1 reporting procedures. Flood Control The Assistant Administrative Officer stated that staff strongly recommended that flood control considerations be deleted from Ordinance No. 604. If this could not be done, they felt that flood control considerations should include local drainage facilities under City control to the point of drainage jurisdiction by the Zone 9 Flood Control District and leave that in the hands of the Zone 9 Board. The City Council had a long discussion with the Assistant Administrative Officer, David Williamson, regarding the staff recommendation for the deletion of any reference to flood control and flood plane control in the overburdened facilities ordinance. It was the feeling of the City Council that this was one of the most serious problems facing the City of San Luis Obispo and should be included in some program by the City, so that they would be aware of what was happening in this most important area. David Williamson, Assistant Administrative Officer, stated that it was his opinion that there was so little information available to the City on floods and flood potential and he felt the staff input to arrive at this information would require many hours of study to come up with any standards or criteria for guidance by the City Council. He continued that the City Council should delete any reference to flood control for some future addition to the ordinance when more information were available or some way of acquiring this information were made available. Police Service Precautionary Action Point The precautionary action point should be reached when the City's population totals 41,000 or the incorporated area of the City totals eleven square miles. The City's Police Chief should schedule a public hearing in accordance with Level 2 reporting procedures. Critical Point The critical point should be reached when the City's population totals 42,800 or the incorporated area of the City totals 12 square miles. The City's Police Chief should schedule a public hearing in accordance with ' Level 2 reporting procedures. Pedestrian Circulation No recommended standard. Vehicular Circulation The standards noted below were applicable to the City's local street system to the nearest point of safe access onto an arterial roadway. State highways and arterial streets were exempted from this standard. The exempted streets include those shown as major streets on the latest adopted City Council Minutes November 18, 1974 Page 6 Street and Highway Plan Map of the City through January, 1971 by City Planning Any future project generating less than exempt from Ordinance 604 procedures. Precautionary Action Point of San Luis Obispo as amended Commission Resolution No. 2140. 100 average trips per day will be City streets are at the precautionary action point when traffic in the 13 greatest peak hour in any calendar year exceeds 90 percent of the theoretical capacity as determined in the charts and factors from the Institute of Traffic and Transportation Engineers manual "Fundamentals of Traffic Engineering." The City Engineer should schedule public hearings in accordance with-Level 2 reporting procedures. Critical Point City streets are at the critical point when traffic in the 13 greatest peak hour in any calendar year exceeds 100 percent of the theoretical capacity as determined in the charts and factors from the Institute of Traffic and Transportation Engineers manual "Fundamentals of Traffic Engineering." The City Engineer should schedule public hearings in accordance with Level 2 reporting procedures. Note: It was recommended that an annual reporting system be established for arterial streets and highways. This report would delineate areas in which traffic volumes were approaching capacity for both City and State administered facilities. Social Facilities No recommended standard. Library Facilities No recommended standard. Schools No recommended standard. Note: Mr. John Perko with the San Luis Coastal Unified School District advised us that the school district would provide public education facilities regardless of where and what rate the City of San Luis Obispo develops. Parks and Open Space Precautionary Action Point The precautionary action point is when a proposed project was within a half mile radius of an existing or proposed recreation facility, either City, School, or joint facility, but the facility was not accessible, fully developed, or capable of providing a full scope of neighborhood recreation opportunity for the physical, mental and social welfare of City residents. The Director of Parks and Recreation should schedule public hearings in accordance with Level 2 reporting procedures. An exemption from the above statement was the "old town" area. Critical Point The critical point is when a proposed project was not within a half mile radius of an acceptable recreation facility, either City, School, or joint facility. An exemption from the above statement would be the "old town" area. The Director of Parks and Recreation should schedule public hearings in accordance with Level 2 reporting procedures. City Council Minutes November 18, 1974 Page 7 Land By Use Category No development proposal should be approved unless it was consistent with the land use and density designation of the General Plan and the zoning category currently in effect, whichever was more restrictive. Where the General Plan and zoning were determined to be inconsistent, any develop- ment proposal should only be considered subsequent to General Plan revision or rezoning hearing procedures to resolve inconsistencies. After discussion by the City Council, the Council by consensus accepted the staff recommendations for revisions to proposed Ordinance No. 604 as a basis for the criteria for the ordinance. On the matter of inclusion of flood control, Alternate 1, recommending that flood control considerations be deleted from Ordinance No. 604, was accepted by the City Council. The City Council then reviewed proposed Ordinance No. 604 paragraph by paragraph to include all changes in wording to date submitted by the City Council, City staff, Ad Hoc Task Force on Resource Inventory, and the various citizens who appeared before the Council. The City Council then approved each paragraph and the wording therein by majority consensus of all council members present. Mayor Schwartz called a recess at 9:10 p.m. The meeting reconvened at 9:25 p.m. with all council members present. Warren Dolezal, developer, questioned whether projects under development at this time would come under the provisions of Ordinance No. 604, such as: (1) Tract 467, Phase II which was now under consideration, and (2) Woodside Apartments on Santa Rosa Street which were now in the plan check stages. A.J. Shaw, City Attorney, answered that projects under construction would be exempted from the conditions of Ordinance No. 604. But, the Woodside Apartment development was not exempt as the construction had not been started and building permits had not been issued, nor had the project gone before all boards and committees needed for approval prior to the issuance of a building permit. Mayor Schwartz asked if it were possible for the City staff to review all plans which were now in process in the City, either at plan check stage, Architectural Review stage, etc. and have a preliminary report on the effect that Ordinance No. 604 would have on these projects going through City procedures. David Williamson, Assistant Administrative Officer, stated he felt this was a good suggestion for preliminary information and he would present this report to the City Council at the December 2, 1974 meeting. Warren Dolezal again stated he felt the principles of Ordinance No. 604 were good and felt it would be an asset to the City and to the developers. This way everyone would know where they were going and how the work was to be accomplished. Glennadeane Dovey member of the Ad Hoc Task Force urged the City Council to have City staff get City inventory into shape as soon as possible so that it could be made available to the public for their information as to possible overburdening of facilities, which she felt was the key to the support of this ordinance. Frank Exter, Chairman, Ad Hoc Task Force, spoke in support of adopting the Ordinance No. 604 as amended. He felt many of the amendments strengthened the ordinance, and several of the amendments had weakened the ordinance. He urged the adoption of the ordinance before it was talked to death. He felt the City Council and the Ad Hoc Task Force had presented a viable document for the City to enact. City .Council, Minutes November 18, 1974 Page 8 Walt Crawford, 297 Chorro Street, was disappointed that the City Council would consider the adoption of an ordinance which did not contain inventory criteria and standards for flood control and flood plain management. He felt that this was one of the most serious problems facing the City of San Luis Obispo. David Hughes, Attorney, stated that he was in support of the adoption of Ordinance No. 604. He felt that the ordinance as amended would serve the people of San Luis Obispo, both the growth and no- growth advocates. He then submitted a list that he felt would clarify some of the wording and , possibly eliminate any possible legal challenge to the ordinance when adopted. He felt that an affirmative action by the.City Council would place this important ordinance in effect. He also felt that while the ordinance required a negative determination by City staff when facilities were overburdened and the project could not proceed, he felt that an affirmative action by the City staff in approving a project should also be given to the applicant or developer stating that the resources were adequate and that the project could proceed. On motion of Councilman Norris, seconded by Councilman Gurnee the following ordinance was introduced: Ordinance No. 604 -A (1974 Series), an ordinance of the City of San Luis Obispo adding provisions to the Municipal Code requiring -the maintenance of current data on the City's basic resources; establishing two levels of impact by said resources upon development; prohibiting development prior to the availability of adequate Level 1 resources; and providing a mandatory procedure for City review and cor- rection of resource deficiencies. Passed to print on the following roll call vote: AYES: Councilmen Norris, Gurnee, Brown, Graham and Mayor Schwartz NOES: None ABSENT: None On motion of Councilman Norris,.seconded by Councilman Gurnee the following resolution was introduced: Resolution No. 2685 (1974 Series), a resolution of the Council of the City of San Luis Obispo adopting criteria, standards and policies for departmental use in making the facilities determinations required by Ordinance No. 604 -A. Passed and adopted on the following roll call vote: AYES: Councilmen Norris, Gurnee, Brown, Graham and Mayor Schwartz NOES: None ABSENT: None 3. At this time the City Council reconsidered the appeal of Mrs. Berta Lang, 3219 Broad Street, for a high water bill for her property, considered at a prior council meeting which she was unable to attend. Mrs. Lang appeared before the City Council stating she was sorry this had to be placed on the agenda a second time, but she had attended a prior meeting and due to the length of the agenda she was unable to stay until the end. She stated she could not see any way that the water for which she was billed could have ever passed through her meter, as she had no garden and both her husband and herself worked. Therefore, she was again asking the City Council to reconsider a reduction in her water bill. The City Clerk then read the report of John P. Quirk, Assistant Director of Water Services, stating their check of the property found no leak on the City's side of the meter and the meter appeared to be operating in an adequate manner, therefore, he felt no adjustment should be made insofar as the City bill was concerned. City Council Minutes November 18, 1974 Page 9 On motion of.Councilman Norris, seconded by Councilman Brown that the City Council direct the removal of the water meter at 3219 Broad Street and proceed with a bench check with an adjustment in the Lang bill if found in error. If the meter was working properly, Mrs. Lang would be notified to pay the bill taking up to three months to do so. Motion carried. 4. Memorandum from Lee Schlobohm, Fire Chief, regarding the City Weed Abatement for the Polin - Truchan property at the end of Rouget Place for which the property owner received a bill of $1,233.50 for one acre of land on a weed abatement. The Fire Chief stated that based on the information provided, it appeared that while the time spent by the employees of Paul Wissler could be documented, it was the Fire Chief's feeling that in this particular instance the contractor should have checked with the property owner or an officer of the Fire Depart- ment before expending this much time and effort on the property. It was felt that the charges would be less than $200. The fact that much of the material removed from the property was placed there by adjoining property owners or others, further complicated the situation. Considering all factors, the Fire Chief recommended that the bill be cancelled and that the property owner, Polin - Truchan be rebilled for only 50 percent of the original amount on the 1974 weed abatement assessment, and that the City of San Luis Obispo pay the other SO percent. He felt the work had been done by the contractor, even though he agreed the contractor took advantage of a situation over which he had no supervision. Therefore, he felt the City should pick up a portion of the bill. He then reviewed for the City Council a number of improvements he hoped to initiate in the 1975 weed abatement program. On motion of Councilman Norris, seconded by Councilman Gurnee that the City Council accept the recommendation of the Fire Chief that the property owner pay one -half of the bill and that the City pay the other half of the bill with the Fire Chief to personally notify the property owner of the Council's decision. Also, the City Council accepted the suggestions of the Fire Chief for more control over the contractors doing work on the City's weed abatement program. Motion carried. 5. William E. Flory, Director of Parks and Recreation, submitted the following report on behalf of the Parks $ Recreation Commission on the request of the property owners for the establishment of a neighborhood park on school district property located on Los Osos Valley Road south of the Madonna Road intersection. He stated that the Parks $ Recreation Commission discussed the proposal by Ron & Joanne Rabun and Ron $ Rosemary Warner for permission to create a playground on school district property on Los Osos Valley Road. After discussion with the property owners and residents of the area, the Parks $ Recreation Commission took the following formal action and recom- mended to the City Council that the Parks $ Recreation Commission unanimously endorsed the concept of a neighborhood park on this school district property. If the City Council agreed with the Parks $ Recreation Commission's recom- mentation, they suggested the following conditions: 1. That the City's liability insurance be applied to this area. 2. The City and school district enter into the necessary agreements for development and implementation of the land site with interested residents' participation. 3. The same residents work closely with the City and school district staff in development of plans, cost estimates and construction details. City Council Minutes November 18, 1974 Page 10 R.D. Miller, Administrative Officer, disagreed with the recommendation of the Parks $ Recreation Commission as he felt the property owners should work with the Unified School District Board and develop this park without City participation. He also urged that no action in this matter be taken by the City Council at least until the master plan for parks within the City had been prepared, as in none of the preliminary discussions had a park been considered for this school district property. Mrs. Rosemary Warner appeared before the Council and spoke in support of the request stating that the neighbors would do the work., They primarily wanted coordination and cooperation from the City. On motion of Councilman Gurnee, seconded by Councilman Graham that the City Council endorse the concept of a neighborhood park near Los Osos Valley Road and agreed to list same on the City's inventory of park areas for insurance purposes with the understanding that the present plan was for the neighborhood to provide capital funds and maintenance of the facility, subject to clearing with the school district so as not to interfere with their future building plans. Motion carried, all ayes. 6A. Communication from Charles French, Attorney for Cuesta Valley Properties, reminding the City Council that a bond was provided to the City to secure the construction of a roadway on William Street on Terrace Hill. At the time the bond was issued, the property owners regraded the area to fill the large erosion scars and replanted the portions which had been previously planted as required by the City. The bonding company was now anxious to know whether the City was going to require the continuance of the bond and whether the roadway must be paved. Charles French continued the property was in escrow in the last year, and the purchaser contemplated developing the property, but due to other problems, this purchase had now been cancelled. On behalf of the Cuesta Valley Properties, Charles French requested that the City Council waive the requirement that William Street be paved at this time. If the property was allowed to develop under the General Plan, any pavement would have to be substantially destroyed to put in the utilities. If the property was not allowed to develop, then it would be pointless to have a paved street in the middle of a field. The property owners were willing to make improvements to the lower portion of William Street to allow better access for the residents located thereon. The City staff reported on the request of Cuesta Valley Properties that William Street was a rough graded street between Bishop and Ella Streets on the eastern slopes of Terrace Hill. A $30,000 bond, guaranteeing paving within two years was a prerequisite of a grading permit which was approved by the City Council in September, 1971 and was one of the four conditions of approval of a minor subdivision. It was apparently intended that the 111 undeveloped lots and streets of Buena Vista Terrace subdivision be reverted to acreage and that the 35 acres be redivided into three parcels, with Bishop Street, William Street, and Edison Drive to be dedicated and improved prior to any building. To date, this had not been accomplished. The bond that was issued assured paving of all three proposed streets including the Bishop Street extension and had been extended previously. It was the view of the Planning and Engineering Departments that little purpose would be served in requiring the paving of these streets at this time since it would be necessary to seriously damage these streets when underground utilities were installed in the future when the property was developed. Prior to the release of the bond, it was the feeling of the City staff that the developer should take certain steps as follows: 1. The reversion to acreage should be accomplished. 2. Bishop Street should be offered for dedication. This would permit the City to develop the street at some future time if the South Street crossing of the Southern Pacific Railroad was constructed prior to development of Terrace Hill. 1 1 1 City Council November 18, Page 11 s. The siltation sumps both at the end of William Street near Ella Street and near the intersection of Augusta and Bishop Streets should be fenced to protect small children or should be provided with an under- drainage system so as to eliminate standing water. 4. Eroded places near the intersection of Bishop and Augusta Streets should be paved so as to handle drainage in a positive manner. 5. Drainage should be carried underground from William Street across Ella Street and into the underground drainage system in the French property. 6. That portion of William Street serving the first two properties near Ella Street should be regraded and brought to an all - weather surface. 7. All areas which were graded as part of the Terrace Hill project and did not now have an adequate ground cover, should be hydromulched. The City Council discussed the conditions recommended by the City staff with Charles French, and he stated-that he would agree to all of the con- ditions except for a modification of number five, which he would like to tie the underground drainage from William Street across Ella Street into the existing drain under Ella Street through the hospital properties. Minutes 1974 On motion of Councilman Gurnee, seconded by Councilman Brown that the City of San Luis Obispo release the bond subject to the seven conditions established by the staff with the amendment of condition number five to allow the drainage through the hospital property. Motion carried, all ayes. 7. Report from the Planning Department regarding the improvements for the creamery development by Jim Swift and John Korelich, Jr. was continued to December 12, 1974 at the request of Mr. Korelich. 8. The City Council considered plans and specifications for the furnishing of one electric, automatic steam pressure sterilizer for the Wastewater Treatment Plant Laboratory. Estimated cost of $2,025, with the money budgeted in the 74/75 budget. On motion of Councilman Gurnee, seconded by and specifications were approved and bids f Motion carried. 9. Robert Strong, Planning Director, of the Planning Commission in approving the the City of San Luis Obispo, but within the Councilman Graham the plans )r purchase were authorized. presented the recommendation Bear Valley Subdivision outside City's Urban Reserve area. He reported that the County Planning Commission had deferred a decision on this matter so that the City Council could respond to the proposed development. He continued that the Planning Commission recommended approval of the development if the following items could be resolved: 1. The City should support a "planned development" The County plan implied urbanize while the City suburban residential as conflicts, the proposed more appropriate than a the requested rezoning which would enable rather than conventional subdivisions. that the subject property might eventually plan suggested either agricultural or the ultimate use. Despite general plan zoning and planned development appeared Lternative conventional rural type subdivision. 2. The proponents of the development claim that the private liquid waste systems were designed to exceed State Water Quality Control Board standards and that the City's concern that "sewer service would ultimately be required" was unjustified. The adequacy of the City Council Minutes November 18, 1974 Page 12 proposed system should be reviewed by both the County Health Department and the State Water Quality Control Board, and the City should receive assurance, based on evaluation of technical information, that no public sewer service would be required for this development in the future. 3. The planned development circulation system should be modified to provide at least one public street alignment crossing the property, and a potential secondary loop of private streets rather than the present excessive cul -de -sac access pattern. Staff recommended that the City request these three concerns be considered as additional conditions of the approval by the County Planning Commission and County Board of Supervisors. Andrew Merriam, architect for the developer, presented sketches for the proposed development and spoke at length on the safeguards that he had placed in this development to protect the environment of the area. He asked that the City Council withdraw any opposition the City might have to the County approving this subdivision. Mayor Schwartz and Councilman Gurnee both commented that this development could be approved provided that the City would not be required to furnish sewer service to this development at any time in the future. On motion of Councilman Gurnee, seconded by Councilman Brown that the City Council endorse the development with the conditions established by the Planning Commission, plus the fact that the City was not expected to serve water and sewer to the development, with the City to notify the State Water Quality Control Board of the City's action. Motion carried. 10. Memorandum from John L. Kellerman, Chief Building Inspector, regarding the past practice of the Building Department in permitting the conversion of existing single family structures to professional offices had been to require the structure to conform to all requirements of the Building Code as it applied to the converted occupancy classification. This policy over the years had worked economic and practical hardship on persons wishing to open businesses in existing residential structures. In many instances, this requirement caused abandonment of plans or con- version without proper permits including zoning. To overcome this problem he requested Council approval to use the most liberal application of the exception to Section 502 of the Uniform Building Code in converting existing single family structures to professional offices. Using this approach, the City could also retain the character of a structure where it may have some historical significance. He wished to emphasize that this amendment to existing policy would apply only to professipnal office uses. All other ordinances and regulations would be complied with. The City Council discussed the proposal of the Chief Building Inspector and had no objection to his interpretation of Section 502 and exceptions thereto of the Uniform Building Code. 11. Communication from Mrs. Pat Barlow, Chairwoman, Human Relations Commission, notifying the City Council that clerical help was necessary to assist the efficient functioning of the Human Relations Commission Coordinator and the work of the commissioners. She stated that the City staff had been most cooperative and helpful in helping the Human Relations Commission with their typing and clerical work, but that the workload was increasing to the point that they could not support the Human Relations Com- mission in the manner in which they should. She reported that the present coordinator had researched different types of education work training programs through which a woman could , be obtained without depleting the budget of the Human Relations Commission and could also assist in preparing a person for the job market. The program she referred to was the WIN program, which would fit their criteria, and also would help the Human Relations Commission. City Council Minutes November 18, 1974 Page 13 She asked that the City Council approve a proposal for an application to the work experience program for clerical help and training. A.J. Shaw, City Attorney, stated that the HRC in asking Council approval of a contract through the WIN program for the hiring of a person to perform clerical tasks for the HRC and the Coordinator, approval should be given by a formal resolution of the Council and further the resolution should specifically provide whether or not the hiring of said person was in any way intended to give said person an advantage in the selection process if the City should eventually provide a full -time City employee as clerical help for the Human Relations Commission. On motion of Councilman Norris, seconded by Councilman Graham the following resolution was introduced: Resolution No. 2686, a resolution of the Council of the City of San Luis Obispo expressing the City's willingness to partici- page in the WIN program. Passed and adopted on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES: None ABSENT: None For the Council's consideration, Mayor Schwartz submitted a letter just received from William Greenelsh resigning his position as Social Services Coordinator to the Human Relations Commission. 12. Wayne Peterson, Assistant City Engineer, submitted the following recommendation of the Mass Transportation Committee for the Council's consideration and approval. 1. That the City be allowed to experiment with the system by selling one -day unlimited ride passes for .50� each. 2. That the staff be directed to post schedules at all bus stops where hairpin signs were in use. The estimated cost for this proposal was $600 plus street department time for installation. This estimate was based on the installation of 35 signs. The City Council discussed the recommendation of the Mass Transportation Committee and also reviewed the minutes of the Mass Transportation Committee meeting of October 31, 1974 at which time these recommendations were con- sidered. On motion of Councilman Norris, seconded by Mayor Schwartz the City Council adopted and approved the recommendations of the Mass Transportation Committee. Motion carried. 13. Recommendation of the City Administrative Officer on methods of implementing provisions of the Fair Labor Standards Act for non - exempt, sworn Fire and Police personnel effective January 1, 1975 if said act was judged to apply to City personnel. It would be the proposal that the City Council set up a public discussion for the December 2, 1974 meeting to publicly discuss the proposal and that the City staff, City Attorney, City Clerk, Administrative Officer would be willing to meet at any time with ' Police and Fire representatives prior to said public discussion. On motion of Councilman Brown, seconded by Councilman Graham the City Council accepted the recommendation of the City staff and that the negotiating team meet with representatives of the Police and Fire Associations and that a public discussion on the Fair Labor Standards Act be held on December 2, 1974. 14. The matter of new legislation for licensing of bicycles through the provisions of Assembly Bill 3329 was continued for report by City staff. City Council Minutes November 18, 1974 Page 14 15. Memorandum from Robert Strong, Planning Director, regarding the former County maintenance Yard property on Santa Barbara Avenue being surplused to the needs of the County and offering said property to the City for purchase. It was the staff's recommendation.that the City not purchase the property, but that the County be.notified of the possible future street widening that the relocation or demolition of the front building should be done prior to the sale of the property and further that the County notify a prospective purchaser that repair, alteration, or remodeling for occupancy of the building would require Architectural Review Commission approval prior to the issuance of any building permit. On motion of Mayor Schwartz, seconded by Councilman Graham the City accepted the recommendation of the staff and that the County so be notified. Motion carried. On motion of Councilman Gurnee, seconded by Councilman Brown consent items C -1 through C -18 were approved as follows. C -1 Claims against the City of San Luis Obispo were authorized payment subject to approval by the Administrative Officer. C -2 The City Council minutes of September 10, 1-974 and October 28, 1974 were approved with corrections to page 4, item C -2 of the October 28, 1974 minutes. C -3 The request from Linnea Phillips for permission to use Mission Plaza on December 7 $ 8, 1974 from 10 a.m. to 4:30 p.m. for the annual "Old Fashioned Christmas" was approved. C -4 Report from staff regarding requested rate increase for taxi ' cabs was set for public hearing. C -5 On motion of Councilman Gurnee, seconded by Councilman Brown the following resolution was introduced: Resolution No. 2687 (1974 Series), a resolution increasing the 1974/75 budget (Account No. 55 -50- 6453 -000 increased by $62.90 to cover costs for purchase of mobile radio for water department). Passed and adopted on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES: None ABSENT: None C -6 Request from Stewart Williams, Central California Australian Shepherd Fanciers, for permission to use a public address system -at Santa Rosa Park on December 8, 1974 between 8 a.m. and 5 p.m. was approved subject to control of public address system. C -7 Recommendation from the Promotional Coordinating Committee to grant funds to: 1) Mozart Festival Association, 5,000, and 2) Downtown Association, $250 was approved. C -8 Memorandum from the City Attorney regarding Fair Labor Standards Act as applied to lunch hours for on -duty police officers was received and filed. C -9 Memorandum from Underground Utilities Coordinating Committee regarding Underground Utility District No. 8 was acknowledged and staff directed to proceed. C -10 Communication from San Luis Garbage Company requesting list of business licenses issued by the City of San Luis Obispo was approved subject to payment of actual costs incurred. City Council Minutes November 18, 1974 Page 15 C -11 Memorandum from William E. Flory, Director of Parks $ Recreation, regarding PGA Golf Pro Recommendation (continued from 8/19/74) was approved per recommendation. C -12 Memorandum from Chief L. M. Schlobohm regarding Fire Safety Booklet (request for publication and distribution) was approved. C -13 This item was dropped from the agenda. C -14 The following salary step increases were approved effective December 1, 1974: Bradd D. Hopkins - Fireman From Step 2 or $886 to Step 3 or $934 Gary D. Orback - Police Officer From Step 1 or $898 to Step 2 or $946 Wayne A. Peterson - Assistant Director Public Works From Step 3 or $1,460 to Step 4 or $1,544 C -15 Administrative Officer made the following announcement of appointment: Jean S. Milhorn, Account Clerk 1 at Step 1 or $574, effective 11/13/74 subject to a one -year probationary period C -16 Claim against the City of San Luis Obispo by Mrs. Arthur King, 194 Lincoln, for damage done to pipes while contractor working on City project was denied and referred to the insurance carrier. C -17 " Claim against the City of San Luis Obispo by Los Earl Horsley was denied and referred to the insurance carrier. C -18 Council authorization to order fittings for Cross Town Feeder Project from Parkson, due to inability of U.S. Pipe and Foundry to meet delivery schedule was granted. ------------------------------------------------------------------------ B-1 The City Clerk reported on the following bids received for ONE ROTARY MOWER. Bids opened November 13, 1974 at 10 a.m. H.V. CARTER CO., INC. $2,827.00 1700 E. 14th Street Oakland, CA TORO PACIFIC DISTRIBUTING $4,210.00 16212 S. Broadway Gardena, CA TURF VAC SALES CO. $4,500.00 Long Beach, CA B. HAYMAN CO., INC. NO BID 9525 Sorensen Avenue Santa Fe Springs, CA EXCEL INDUSTRIES, INC. $5,095.00 P.O. Box 385 Hesston, KS DEVIATIONS H.V. CARTER CO., INC. Proposed to furnish the HECKENDORN Riding Rotary Mower, 72" model equipped with 16 HP Engine and Electric Starter. Immediate delivery available from Oakland while supply lasts. City Council Minutes November 18, 1974 Page 16 DEVIATIONS (continued) TORO PACIFIC DISTRIBUTING Toro "Groundsmaster 72 ", Model 30774. Engine - Continental, 4 cylinder, water - cooled, 19.8 HP @ 3,450 RPM, Electric Start, 12v. Transmission - infinitely variable hydrostatic. All hydraulic drive. Cut - 70 -1/2" wide, 1 -1/2" to 6" in 3/4" increments. Cutter - 11 gauge steel. (3) s5" blades with suction lift. Seat - High back, replaceable foam seat and back cusions, 5" foe -aft adjustment. Cutter spindles - 1" diameter shafts turning on two externally sealed greasable ball bearings. TURF VAC SALES CO. No deviations. B. HAYMAN CO., INC. No deviations. EXCEL INDUSTRIES, INC. Delivery date - fifteen days after receipt of order. It was recommended by staff that the second low bid of Toro Pacific Distributing in the amount of $4,210 plus tax be accepted since the low bid did not meet specifications and would not serve the purpose. On motion of Councilman Brown, seconded by Councilman Graham that the second low bid of Toro Pacific Distributing in the amount of $4,210 plus tax be accepted. Motion carried. B -2 The City Clerk reported on the following bids received for HIGH VELOCITY SEWER CLEANING MACHINE AND ENGINE ANALYZER. Bids opened Wednesday, October 30, 1974 at 10 a.m. AUTOSCAN, INC. Los Angeles, CA DEARTH MACHINERY CO. Baldwin Park, CA FMC CORPORATION San Jose, CA SOUTHWEST FLEXIBLE CO. Whittier, CA i�j�g / :Mll[II�y DEARTH MACHINERY CO. SEWER CLEANING MACHINE ENGINE ANALYZER NO BID $4,405.68 TRUCK: GMC 6000 1) Wheel Base - 149" 2) C.A. - 84" 3) BBC - 97" 4) R. Springs - 11,400 each 5) F. Springs - 4,500 each 6) Engine CID - 350 V8 7) Alternator - 42 AMP 8) Battery - 61 AMP 9) 6 tires $ wheels 10) Mirror - 7" x 16" $25,918.00 NO BID $20,506.25 NO BID $20,779.00 NO BID MYERS MHV- 6 -ISL5 -1500 Gallon Sewer Cleaner 1) Air Gap - Float valve not required. 2) 1450 usable gallons. 3) Tank designed to be used with spray chemicals. 4) 263 CID 6 cyl. engine. 5) 1600 PSI pump. 6) Heat treated nozzles & nozzles extension. TERMS: Net 20 days. Delivery 30 to 45 days ARO. Offer good for 30 days. Extension requires factory approval. Delivery 30 to 45 days except when delivery is delayed by fire, strike, freight embargo, Act of God or Government action. 1 1 1 City Council Minutes November 18, 1974 Page 17 FMC CORPORATION (Deviations) Standard Ford F -600 meeting all requirements with exception that.BBC was 107.5" rather than 97.5 ". Interior covered with epoxy coating. Unit will include fill system incorporating an air gap arrangement but less float value. Tank will have.a.leak -proof lid of.adequate diameter to permit access of normal size man. Hydraulic pump drive will have adequate capacity to retrieve the hose from a fully extended position. It has a rating of S GPM at 1500 PSI. Hose will.be supplied in two lengths, one 500' and one 100' for the total of 600'. Delivery 120 days ARO. SOUTHWEST FLEXIBLE COMPANY (Deviations) TANK - Epoxy 3 coats (Bitumastic coated) for flexibility and protection. Top hatch (entire top removable for safer & easy entrance for inspection). PUMP - Tri.Plex - *(Quintiplex - 5 piston) for smoother operation and longer pump life. Estimated delivery 90 days after delivery of truck to our factory. • Quintiplex 5 plunge - pump, positive displacement • If triplex pump mandatory, add $400 to bid Truck to meet the 24,000.GVW.specifications. *We will furnish 900 x 20 x 12 ply tires and 4500 front springs and 11,500 rear springs - 366 V8 engine. * Tires would be an additional cost of $208. It was recommended by staff that the second low bid of Southwest Flexible Company-in the amount of $20,779 be accepted as it met all City specifi- cations. And that the bid of Autoscan, be accepted. On motion of Councilman Brown, seconded low bid of Southwest Flexible.Company.i for the sewer cleaning machine, and the of $4,405.68 for the engine analyzer be Inc. for the engine analyzer also by Councilman Graham that the second 1 the amount of $20,779 be accepted bid of Autoscan, Inc. in the amount accepted. Motion carried. On motion.of Councilman Brown, seconded by Councilman Graham the following resolution was -introduced: Resolution No: 2688 -(7974 Series),- a resolution increasing the 1974 %75 budget. (Account No. 50 46-7052-000 by $4,246.22.) Passed and adopted on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES: None ABSENT: None On motion of Councilman Brown, seconded by Councilman Graham the meeting adjourned. APPROVED: February 18, 1975 . F' patrick, City Clerk