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HomeMy WebLinkAbout04/17/1967City Council Minutes April 17, 1967 Page 2 City Staff Present: R. D. Young, Planning Director; J. H. Fitzpatrick, City Clerk; J. Stockton, Assistant Park Director; H. Johnson, City Attorney; R. D. Miller, Administrative Officer; D. F. Romero, City Engineer; J. Wainscott, Battalion Fire Chief; E. L. Rodgers, Police Chief. On motion of Councilman Miller, seconded by Councilman Gallagher, the minutes of ' the meeting of April 3, 1967 were approved. Motion carried. On motion of Councilman Blake, seconded by Councilman Gallagher, the claims against the City for the month of April 1967 were approved subject to the approval of the Administrative Officer. Motion carried. 1. Communication from Robert Sazueta, Rustic Gardens, 975 Foothill Boulevard, asking for a variance to the City's paving requirements for off street parking to allow him to pave the area with red rock, spray the surface with oil and cover the oil with a thin layer of sand. He stated he felt that this would.give his nursery a more rustic appearance. Mr. Romero, City Engineer, explained existing requirements for off street parking in the City. Mr. Sazueta appeared on behalf of his request stating that one of the problems was the depth of adobe soil at the location which would destroy any paving due to the wetness until the ground had dried out. On motion of Councilman Gallagher, seconded by Councilman Spring, that a variance I to the parking requirements be granted until October 1, 1967 at which time Mr. Sazueta will pave the parking area as required. Motion carried. 2. Communication from Lane's Barber Shop and Victorino's Beauty Salon and Plaza Self- Service Laundry requesting permission to install three double faced, plastic illuminated signs on the roof of the building at 779 Foothill Boulevard. On motion of Councilman Gallagher, seconded by Councilman Miller, the permit was granted as these three signs conformed with the proposed sign ordinance of the City. Motion carried. 3. Communication from La Fiesta Parade Chairman requesting permission for the use of fire crackers during the parade in connection with a Chinese Dragon being entered by the local Chinese Community. Police Chief, E. L. Rodgers, explained the existing City ordinance on fire crackers which prohibits their use in the City. Battalion Fire Chief, J. Wainscott, stated that his department would have no objection to the Council giving permission to use fire crackers for this parade entry as it was under adult supervision. On motion of Councilman Gallagher, seconded by Councilman Miller, the request to use fire crackers with this parade entry was approved. Motion carried. 4. Communication from La Fiesta Association requesting permission of the City ' Council to hold the Fiesta Parade on May 20, 1967, listing assembly areas, parade route, traffic control, etc., and asking cooperation of the City Police Department regarding parking on Higuera Street. They also asked permission to hang fiesta flags on Monterey and Higuera Streets. Mr. Gilfeather, Parade Chairman, also asked for the City Council to assign the City Street Sweepers as the last entry in the parade, as this year there will be a large contingent of horses in the parade. On motion of Councilman Miller, seconded by Councilman Spring, the parade permit and other requests were approved. Motion carried. City Council Minutes April 17, 1967 Page 3 5. Public.hearing on the matter of Resolution No. 1666, a resolution of intention to call a special election to annex territory to the City of San Luis Obispo (Edna Road Annexation No. 1). Mayor Whelchel declared the public hearing open. Mr. Phil McMillan, 861 Orcutt Road, appeared before the City Council protesting the City's intention of annexing this area to the City. He stated that he felt that the majority of the registered voters in the area would oppose annexation to the City. Mayor Whelchel declared the public hearing closed. The matter was continued to the meeting of May 1, 1967 to allow additional protests. 6. Public hearing on construction of sidewalks, curb, gutter and driveway ramps where more than 50% of the block is already improved (File Nos. 187 -= :211). The City Clerk read a letter from Vernus Pyle, File No. 204, protesting the need for sidewalks and asking that the City Council extend the period for completion for at least six months. Mayor Whelchel declared the public hearing open. E. Luchessa, 1660 Mill Street, appeared before the City Council asking if he could remove the tree that would be in part of the sidewalk area before the sidewalks were placed on his property. He stated that the tree is in poor condi- tion due to-the amount of trimming and cutting done by the utility companies to clear their lines. Mr. J. Stockton, Assistant Park Superintendent, upon question of the City-Council stated that he had inspected this tree and agreed that it was in poor condition ' and felt that Mr. Luchessa could be granted permission to remove it as he has already planted a substitute tree away from the sidewalk. Mayor Whelchel: presented to..the-.City Council•a. protest on behalf of A. Gamboni, 2570 Flora Street, the Mayor stated that Mr. Gamboni opposed the placing.of sidewalks at this time due to the large frontage of his property and he felt it would serve no purpose. He also presented a protest on behalf of H. E. Serafin, 2621 Flora Street, who also opposed the need of sidewalks at this time as he felt there was no need and further no development was contemplated in this long block at this time- L. Blaser, Subdivider of adjacent property, stated that he felt the sidewalks, curb and gutters were needed on Flora Street as children walking to and from. school are required to walk in the street in front of the Gamboni and Serafin properties. :: _ . :. _ :. .. .._ .. .. On motion of Councilman Miller, seconded by Councilman Spring, -that the, -City. Council grant Luchessa permission to remove his tree prior to installation of sidewalks. Motion carried. Jo , Mr. Blaser again urged the City Council to order sidewalks for the full length of Flora Street. Mayor.Whelchel stated that after discussion and study that he-did not feel there was any need for sidewalks on Flora Street. Councilman Spring stated that he agreed with the Mayor as to the sidewalks on Flora Street. Councilman Gallagher also agreed that sidewalks were not needed at this time but that they would be required if and when any improvements were made to the subject properties. ,._ - . C.. :. . Councilman:Blake.suggested that. :a compromise.onithis Flora situation might be to have only _curb: and .gutter. put ::in- at this time :and: sidewalks be placed at a later date. . _ - . City Council Minutes April 17, 1967 Page 4 On motion of Councilman Miller, seconded by Councilman Blake, that the report of the City Engineer be accepted and that the sidewalks be placed. Motion lost on the following roll call vote: AYES: Donald Q. Miller, Emmons Blake NOES: Frank Gallagher, Arthur F. Spring, Clell W. Whelchel ' ABSENT: None On motion of Councilman Gallagher, seconded by Councilman Blake, that the report of the City Engineer be accepted, that the protests be over -ruled and that sidewalks be installed leaving out File Nos. 192, 193, 194 and 195. Motion carried. Councilman Miller voting no. 7. Communication from Walter W. Fell, County Airports Manager, requesting that the City Council renew its lease to the County of the City owned property in the County Airport. Mr. Fell asked that the City renew the lease for 25 years under existing conditions. H. Johnson, City Attorney, presented a report to the City Council including a copy of the existing lease with the County for the property at the,Airport in San Luis Obispo. Mr. Johnson stated that the City Council should consider either extending the lease, offering to sell the property to the County or some other alternative. R. D. Miller, Administrative Officer, explained prior discussions on this lease with County Officials as follows: The City had been reluctant to deed the property outright, but it had been thinking of a 25 year lease which would make it ' possible for the City.to regain possession of the property in the event it ceased to be used for airport purposes. In any event, Supervisor Kimball said a long term lease was needed before the County would be eligible for Federal matching funds. Mr. Kimball had also stated that if the City attempted to impose too many requirements in connection with the lease of City -owned property, the City could take over the entire airport operation. The City Council then discussed various alternatives to use of the City owned property at the airport either by extending the lease, selling the property to the County or other action. R. D. Miller, Administrative Officer, suggested that possibly the City Council could meet with the County Supervisors or their representatives and investigate all points of the matter for discussion and solution. Councilman Spring suggested that the City extend the lease for one year in order that the City Council may study all phases of the problem. Councilman Blake suggested that the City keep the property but lease it to the County in order to encourage the County to spend money on development and upkeep of the Airport. City Attorney, H. Johnson, then brought to the Council's attention some of the leasing safeguards to protect the City that are lacking in the existing lease. On motion of Councilman Gallagher, seconded by Councilman Miller, that the Mayor ' appoint a Council Committee to meet with County Officials to discuss the airport problems. Motion carried. Mayor Whelchel appointed Councilman Gallagher and Councilman Blake and City Attorney, H. Johnson, to this Committee. 8. Communication from the Civil Defense and Disaster Advisory Board requesting Council consideration of construction of an EOC either in the City Hall Basement or in the proposed new police facility. City Council Minutes April 17, 1967 Page 5 Request referred.to the Council Budget Study.meeting.• 9. Consideration by the City Council of a proposed agreement between the Unified School District, the City and the EGCA to grade the Sinsheimer Major League Baseball Diamond Complex at Sinsheimer Park with the.EGCA supplying equipment and personnel.and the City and.School District paying their share of.the.cost.. ' Communication from W. E. Flory, Parks Department, recommending that the City Council enter into the agreement.between the EGCA, School District.and the City for.the baseball diamond at Sinsheimer Park.. On motion of Councilman Gallagher, seconded by Councilman Spring, that the City Council approve the agreement.and the City's share of cost being the grading ($2500) and the entire cost of stockpiling the top soil ($320). 10. Communication from the San Luis Coastal Unified.School District informing the City Council of their appreciation for their decision to place curb and gutter on both sides of San Luis Drive and further the School District agrees to dedicate an additional 6" of property and insure curbing on the west side of San Luis Drive. The City Engineer, D. F. Romero, informed the Council that his office was preparing plans and specifications for the San Luis Drive project and expected to have them completed within the next several months. R. D. Miller, Administrative Officer, stated the Council had previously stated they would try to include the project in the next budget ".but had made no definite commitment. (See Minutes of 12 -5 -66; Item 9). The Council asked the Administrative Officer to write Dr. Notley to this effect. 11. The City Attorney, H. Johnson, reported to the City Council that their proposal to annex the Auto Park property and the Howard Johnson property had been continued 1 by LAFCO on the basis of LAFCO staff recommendation that this proposed annexation was not acceptable to them and recommending to- the:City Council that additional properties be included in order to make a more comprehensive annexation. Councilman Miller explained to the City Council as the City's representative on the LAFCO;.the_intent.of the legislation for %approving or:disapproving, annexation and that the legislature.intended. more-orderly annexations.and.more:precise -annexations to Cities and Districts. Mr. Callas, realtor, appeared before the City•Council - saying that-he wished to offer his services to the City in any way he could in order to complete this annexation as his clients also wish to annex to the City which would be contiguous to the Los Osos No. 1. The City Council discussed in general existing annexation problems and policies and also discussed present policies of granting sewer and water outside the City on the basis of an agreement not to:fight annexation. .i-. After discussion the matter was referred to City Attorney, H. Johnson, and Planning Director, R. D. Young, to see if the larger area as recommended by LAFCO can be added to the existing annexation request with a progress report to the City Council by May 1, 1967. y, .... 12.. ;The Jollowing communication signed,by all members of the City Sign Committee was presented by the City Council. Transmitted - ,herewith for the Council'•s consideration.is the final draft of a proposed Sign•.Ordinance- .for.the-City' .of San Luis.Obispo. The proposed ordinance is a result of many deliberations over a period of fifteen months and represents the consensus of the Sign Committee appointed by;the Council. Although the Committee was not unanimously in agreement with all standards set forth in the proposed ordinance, it was agreed that the ordinance, as submitted,-has the support of .the entire committee. City Council Minutes April 17, 1967 Page 6 On motion of Councilman Gallagher, seconded by Councilman Blake, a public hearing on the proposed Sign Ordinance was set for Monday, May 1, 1967 at 8:45 P.M. Motion carried. 13. Mr. Romero, City Engineer, reported that the Central Coastal Regional-Water Quality Control Board had approved the City's request for an alternate disinfec- tion requirement. 14. On motion of Councilman Miller,:seconded by Councilman Spring, the following resolution was introduced. Resolution-No.-1685, a resolution adopting and sub- mitting a budget for expenditure of State allocated (Engineering) funds. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W.'Whelchel NOES: None ABSENT: None 15. Mr'. Romero, City Engineer, presented for the Council's consideration plans and specifications for widening of Santa Rosa Street at Monterey Street and requesting permission to call for bids. On motion of Councilman Gallagher, seconded by Councilman Blake, the plans and specifications were accepted by the City Council and the"Engineer was authorized to call for bids. Motion carried. 16. D. F. Romero, City Engineer, presented for the Council's consideration a proposed revision'of'street construction standards. -Mr. Romero explained that, in'his'-opinion, adoption of these standards'would result In- an'increase ''in'the quality of initial construction, thereby reducing•maintenance cost and resulting in an overall savings to the City. Matter continued. 17. Communication from the San Luis Coastal Unified School District relative to the City enlarging the drainage culvert under San Luis Drive opposite the high school football field as the School District is converting their open ditch drainage system to a culvert drainage which requires a lowering of the culvert under the street for adequate water control. Mr. Romero; City Engineer, reported that the culvert under San-Luis Drive has functioned satisfactorily as far as the City is concerned and would-be-lowered merely for the convenience of the School District who are modifying their own improvements on the football field. On motion of Councilman Miller, seconded by Councilman Blake, that the City notify Dr. Notley and explain the City's position regarding this problem. Motion carried. Report received and filed. 19. City Engineer presented a petition to the City Council of owners in the pro- posed Yoakum No. 2 water and assessment district and reported that over 60% of the property owners involved in-the district had requested formation for sewer and water services. The City Council discussed the granting of additional sewer and water services to-properties-outside the City and its effect on - future annexations.` On motion of Councilman-Blake, seconded by Councilman Miller, the City Engineer was instructed'to proceed with the-preparation of plans and specifications for construction of these "improvements. Motion carried':` 20. Communication from the City Engineer notifying the City Council that Tract No. 322, Rancho de Los Osos Homes (R. C. Skinner), calls for completion of all 1 1 City Council Minutes April 17, 1967 Page 7 subdivision impiovements by April 20, 1967. Mr. Romero stated he did not feel that the subdivider would meet-this deadline and further that he has notified the contractor of this matter and suggested that the City Council direct the City Attorney to-contact the bank holding'the letter of credit for completion of the work. ' On motion of Councilman Gallagher, seconded by Councilman Blake, the City-Attorney was directed to proceed with the completion of this project. Motion carried. 21. The City Clerk reported.on the following bids received for construction of the Highway Patrol Sewer Line Project, City Plan No. 10 -67. 1.. -W. M. Lyles Company $72816.06 Post Office Box 8 r-:Avenal, California. 2.. West Coast Construction.Company 82183.90 Post Office Box 1142 San Luis Obispo, California 3. Smee's Plumbing 8;256.31 Post Office Box 369 San Luis Obispo, California The City Engineer recommended that the low bid of W. M. Lyles Company be accepted subject to the deposit of the necessary construction funds by Maino, Petrick and the State of California. On motion of Councilman Gallagher, seconded by Councilman Blake, the low bid of W. M. Lyles Company was accepted but award of the contract. to be held up pending ' the deposit of the necessary funds. Motion carried. 22. Report of the City Clerk :onibids received for.Water Line Improvements, City Plan No. 9 -67 as follows: 1. West Coast Construction Company 1331 Archer Street San Luis Obispo, California. 2. D. J. Hallgren 4465 Midas Avenue Rocklin, California 3. W. M. Lyles Company_.. Post Office Box 8 Avenal; California 4. McBride's Plumbing 285.South Higuera Street '. San.Luis Obispo; - California...% $12,236.67 13,859.90 14,391.04 15,298.28 The City Engineer recommended that the low bid of West Coast Construction Company be accepted. On motion of Councilman Gallagher, seconded by Councilman Spring, the contract was ' awarded to West Coast Construction Company. Moti6n,carried.- 23. Consideration by the City Council of the priority list for street repairs presented by the City Engineer was referred-to the City-Council Budget Study Session. 24. Resolution No. 14 -67 of the City Planning Commission recommending to the City Council the change in Zoning of the area bounded by Santa Rosa Street on the west, City Limit Line on the north, SP Railroad on the-east and Foothill Boulevard on the South, from R -1, R -3, R -4, C -N -S and M to R -H. This matter was set for public hearing on May 15, 1967. City Council Minutes April 17, 1967 Page 8 25. Resolution No. 16 -67 of the Planning Commission recommending amendments to the Zoning Ordinance to include an A -H (Airport Hazard) Combining District in the Zoning Ordinance. This matter set.for public hearing on- May•1, 1967. - 26. Resolution No. 17 -67 of the Planning Commission recommending to the City Council the adoption of-an--amendment to the Zoning Ordinance to include a-conver- ' sign table to automatically classify land annexed to the City. This matter set for public hearing on May 1, 1967. 27. Report by the Administrative Officer on organization of the Engineer and Public Works Department and nine other California Cities was continued.. 28. Communication from the California Mission Trails Association requesting the annual appropriation from the City of San Luis Obispo was approved on motion of Councilman Blake, seconded by Councilman Gallagher,.with the contribution to be $275.00. Motion carried. 29. Communication from the San Luis Obispo County Historical Society requesting that the City-Council preserve the Walter Murray adobe on Monterey Street was ordered received and filed. 30. Communication from the Port San Luis Harbor District regarding a resolution opposing the proposed tidelands legislation was referred to the City Attorney for study and report of pending legislation on this matter. 31. On motion of Councilman Gallagher, seconded by Councilman Blake, the Council authorized the :depo•sit of $37;800 in escrow as-balaace owed'on• the purchase of the police station-site. Motion carried: 32. On motion of Councilman Gallagher, seconded by Councilman Miller, the follow- ' ing contract payments were approved and ordered-paid. GLEIM -CROWN PUMP, INC. Est. #2 $39125.03 Influent.' Pump #4 - (100% complete) GLEIM -CROWN PUMP, INC. Est.. #3 (Final) 12388.90 Influent Pump #4 Motion carried. 35. Progress report dated April 14, 1967 on street widening acquisitions by the City Engineer was ordered referred to the City Attorney. On motion of Councilman Spring, seconded by Councilman Blake, the George Martins street widening matter was referred to the City Attorney. Motion carried. 34. On motion of Councilman Blake, seconded by Councilman-Sprin g, the following deeds were accepted and the Mayor was authorized to sign and record the agreements on behalf of the City. Motion carried. A. Grant deed from Clell W. Whelchel and Helen E. Whelchel for street widening on Broad Street. B. Jewell P..Wilson and.Helen.D. Wilson.for street widening on Broad Street. C. Grant deed.from Charles N. Otto and Maria Otto for street widening on Broad Street. .D. Quitclaim deed from Petroleum:Facilities, Inc.•for street widening,on Santa Rosa at Monterey Street. E. Deed of easement from Charles M. Baker and William E. Baker for Palomar Street. F. Deed of easement from William E. Baker and Charles M. Baker for sewer. G. Partial Reconveyance from Security Title (J. P. Wilson property) for street widening on Broad Street. City Council Minutes April 17, 1967 Page 9 36. Communication frow the Disabled American_Aeterans, Chapter 45, requesting a no fee license permit from the City Council to solicit funds for a donkey baseball game to be held on May 30,.1967.-. On motion of Councilman Gallagher, seconded by Councilman Miller, a no fee permit was authorized. Motion carried. ' 37. R. D. Miller, Administrative Officer, presented a request to the City Council from the Parks and Recreation Commission regarding the-purchase of a boat and motor to conduct the Midge Study by the County Health Department at Laguna Lake. The boat would also be used for limited control'and maintenance work by-the Park Department. • - - - - Mr..Miller reported that three -bids had been received fro the boat and motor and he recommended that the low bid of $176.75 from Sears for the boat be accepted and that the.bid of Morro Bay Marina, $260:00 fora six horsepower Evinrude motor be accepted. On motion of Councilman Miller, seconded by Councilman Gallagher, that the low bids as recommended be accepted in the total amount of $476.75. Motion carried. Mayor Whelchel voting no. 38.. Mr. H. Johnson, City Attorney,�reported to the City.Council• regarding the Anderson Feasibility Study for the Whale Rock Recreation matter that a letter from the Department of General Services had been received too late to place on the agenda, forwarding a:copy of:an.agreement between the City of San Luis Obispo and the two concerned branches of the State, the State College Trustees and the Depart- ment of Corrections, which would guarantee reimbursement.to. the City of San Luis Obispo for the cost which it incurs for the study, not to exceed $12,800, and attaching thereto a draft of the proposed consultant agreement. The State requested that the approval block for the State of California be deleted from the consultant agreement and suggested that the "extras" paragraph be deleted unless the City wished to handle any excess charges itself. Accordingly, he had re- drafted the consultant agreement form to:incorporate the.State.'.s.recommendations. On motion of Councilman Gallagher, seconded by Councilman Miller, the following resolution was introduced. Resolution No. 1686, a resolution authorizing the Mayor to execute agreement with the State of California relative to the Whale Rock Recreational Feasibility Study. Passed and adopted on-the- following-roll call-vote: AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 39. Mr. Callas again appeared before the City. Council. asking if his clients could connect to the City sewer and water utilities although their property lies outside the City limits. He stated that his clients would be more than willing to file an agreement with the City that they would support future-annexation of their property to the City. This property lies between.Old Highway 101 and the Freeway at the east end of the Los Osos Overcrossing. _ Mr. Callas presented a sketch of the proposed development coming off the Freeway at the Los Osos Freeway east of the Los Osos Interchange. - - He then presented a sketch.of his client's proposed development coming off the approach road to the overcrossing. Mr. Callas again offered his services to the City to attempt to contact owners to annex to the City in accordance with the recommendations of L.AFCO. The City.Council.then discussed with Mr. Callas the best-approach for supplying sewer and water service to the Laird -Andre properties: Matter continued for future discussion..