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HomeMy WebLinkAbout07/17/1967City Council Minutes July 10, 1967 Page S Mayor Whelchel stated that he felt he had an open mind and that he would consider all the comments made by the public.this evening. Councilman Gallagher stated he would go along with the students' plan if the whole package of cost and the issue of Monterey Street were presented to the citizens for a vote and with a bond issue to pay for and settle this matter. Further, he stated he felt one of the key issues on this development was the private property on the east side of the Creek. Councilman Blake stated that he felt the key to the overall development of the Mission Plaza was what actions would the property owners take on the east side of the Creek. He continued that he was in favor of closing the street as he felt that it was .a necessary part of the full development. Councilman Spring stated that he felt that more had been done in the past few years to acquire land and develop the Mission Plaza than had been done in the previous 10 years and urged that the citizens allow the City Council to proceed with the Plaza development on a pay -as- you -go basis. Councilman Miller stated that he wished the citizens of the City to know that the City Council was aware of the Mission Plaza problem and had been struggling with this matter over a period of years. He stated that he also felt that the key to the Mission Plaza development as presented by the students would be how would the private property east of the Creek be developed. He then listed actions to date by the City Council in acquiring property for the Mission Plaza development. 1 He then listed all the studies that have been made and paid for to date for the development of a Mission Plaza plan. • • I He continued that the main problem always seems to be a way to finance this development without raising taxes, etc. He continued that he felt he had an open mind on the closing of Monterey Street but that he would have to be convinced of its merits. Mayor Whelchel thanked everyone for attending and taking part in this, discussion and for the courtesy shown to each speaker. 1 On motion of Councilman Miller, seconded by Councilman Gallagher, the meeting was adjourned. Motion carried. APPROVED: August 7, 1967 . H. FIT PATRICK CITY CLERK MINUTES 1 REGULAR MEETING OF THE CITY COUNCIL July 17, 1967 - 7:00 P.M. CITY HALL Invocation was given by the Reverend Tim Roehrs, Zion Lutheran Church. City Council Minutes July 17, 1967 Page 2 Roll Call Present: Emmons Blake, Frank Gallagher, Arthur F. Spring, Clell W. Whelchel Absent: Donald Q. Miller City Staff Present: R. D. Young, Planning Director; J. H. Fitzpatrick, City Clerk; H. Johnson, City Attorney; R. D. Miller, Administrative Officer; D. F. Romero, City Engineer; L. Schlobohm, Fire - Chief; E. L. Rodgers, Police Chief; E. P. Thompson, Water Department Director. On motion of Councilman Gallagher, seconded by Councilman Spring, the minutes of the meeting of July 5, 1967 were approved as corrected. Motion carried. On motion of Councilman Blake, seconded by Councilman Gallagher, claims against the City for the month of July 1967 were approved and ordered paid subject to the approval of the Administrative Officer. Motion carried. --------------------------------------- - -------------------------------- --------- 1. Henry K. Adams, Cement Contractor, appeared before the City Council protesting the discriminatory actions of the Public Works Department in allowing a non - licensed contractor to place curb, gutter and sidewalk in City streets. . . He also claimed that protective barricades were not placed on the work in question as is required by contractors licensed for this type of work. He stated that, while he is required to comply with all City regulations as to quantity and quality of work, non - cement contractors do not seem to be required to meet these specifications. Mr. Adams' complaint was a sidewalk job.that was completed by a general contractor in what he felt was an unworkmanlike operation: Mr. Romero, City Engineer, answered that the City curb, gutter and sidewalk permit does not require that the work be done by a licensed contractor, although the Public Works Department had requested that this provision be adopted some years ago. He further explained that barricades on the job in question-had been placed to the satisfaction of the inspector on the job and of the Police Department. He also explained that the base material used does not meet City specifications and that both the supplier and the contractor who placed the curb and gutter improve- ments have been notified that the material is not to be.used on future City jobs. Mr. Romero stated that, in his opinion, the remainder of the work conducted on the job meets City standards. Henry K. Adams then reviewed with the City Council the provisions of the new sidewalk specifications resolution dealing particularly with excavation in the City. He stated that because of these high standards and other problems in the City he felt that very few contractors living outside the City would even bid on City work. 2. Communication from Bud Idler, Vice - Chairman of the Mali Foundation, presented to the City Council a revised drawing of their proposed redevelopment of Parking Lot No. 2 and Garden Alley. He stated, as one of the major property owners owning -property adjacent to Garden Ailey who did not want the Alley closed, he did not feel that they should proceed on that phase of the proposal. The Foundation asked that the City Council grant permission to encroach 24" into the Alley to accommodate planter boxes. He stated the 24" is the amount of land utilized by P.G.E. poles.-and gas meters. Communication from Mrs. F. H. Johnson, notifying the City Council that, as a major property owner of land adjacent to Garden Alley, she objected to the closing of the Alley for construction of a Mall as her tenants need this Alley for the loading and unloading of trucks. She stated she demanded the Alley be left open. R. D..Young, Planning Director, presented.a sketch showing the improvements to be made to Parking Lot No. 2 and Garden Alley. • City Council Minutes July 17, 1967 Page 3 H. Johnson, City Attorney, stated he felt that the City Council could grant an en- croachment permit in Garden Alley for planter boxes as the existing utilities are already in this area of the Alley and the Alley would still be open to traffic as legally required. R. D. Miller, Administrative Officer, explained funds that were budgeted for improvement of the parking lots. On motion of Councilman Gallagher, seconded by Councilman Blake, permission was , granted on the request of the Mail Foundation and the City .would cooperate with its development subject to the filing of the $4,000 Liall Foundation funds with the City before the work commences. Motion carried. 3. Communication from the Retail Merchants Association of the Chamber of Commerce, requesting Council permission to temporarily close Garden Street between Marsh and Higuera on August 10, 1967 from 10:00 a.m. to 3:30 p.m. so that fashion shows advertising back to school promotion could be held. a On motion of Councilman Gallagher, seconded by Councilman Blake, the request was approved with parking to-be prohibited from 5:00 a.m. with the cooperation.of the Police Department. Motion carried. 4. At this time the City Council sat as a Canvassing Board to consider the results of the Special Municipal Election held.July 11, 1967 for the Edna Road Annexation No. 1. The City Clerk reported as follows: There were 29 eligible voters who could vote in the election; 25•voted in the election; 19 voted "No" against the annexation and 6 voted "Yes" for the annexation. The City Council checked the roster of voters and the tallies for the Special Election and for the absentee voters. On motion of Councilman Blake, seconded by Councilman Spring, the following resolution was introduced. Resolution No. 1722, a resolution declaring the results of the Special Municipal Election held July 11, 1967. Passed and adopted on the following roll call vote: AYES: Councilmen Blake, Gallagher, Spring, and Mayor Whelchel NOES: None ABSENT: Councilman Miller H. Johnson, City Attorney, informed the City Council that after researching the State Law, he finds that no part of this area considered for annexation to the City can again be considered for annexation until after the passage of one year. 5. D. F. Romero, City Engineer, stated that since the annexation of those properties along South Broad Street east of the Yoakum Tract had filed, he presumed the City Council would not wish him to pursue the formation of an assessment district in the area and, therefore, stated he would not conduct any further work on this project unless instructed otherwise by the City Council. Communication received and filed. 6. Communication from City Neon on behalf of the Hancock Oil. Company Sign, 1919 Broad Street, stating that they agree that the sign does not conform with the plot plan submitted for the sign permit, but this discrepancy was not intentional and was an error by personnel in preparing the plot and installing the sign. City Neon stated that they apologized for this error, but that it was not done with intent. They further stated that many sign permits have been issued to them that have allowed signs to project within 24" of the curb and hoped the City . Council would grant this exception. Further, City Neon stated that the City has a covenant agreement with Mr. Dewar in which he agrees to move the sign if and when the City decides to widen Broad Street. 1 A 1 1 City Council Minutes July 17, 1967 Page 4 R. D. Young, Planning Director, explained in detail to the City Council the zoning and sign ordinance violations involved in this matter, stating that the zoning ordinance prohibits the location of signs in any required yard, and that the zoning ordinance requires a ten foot street yard setback on both Broad and High Streets. The City Council discussed the effect this sign would have on setting a precedent on future sign applications and installations. On motion of Councilman Gallagher, seconded by .Councilman Spring, that the City require the sign to be moved back to conform with the zoning requirements, but that it be allowed to use the ten foot building setback line along Broad Street as regt red yard, with a covenant signed by the property owner that the sign would be removed when Broad Street is widened upon request by the City, at no'cost to the City. Motion carried. 7. Communication from Edward Rodrigues, forwarding a suggested scheme for all more traffic to circulate in the downtown business area. Communication was ordered received and filed on motion of Councilman Blake, seconded by Councilman Gallagher. Motion carried. 8. Communication from William R. Fredman, Attorney, appealing to the City Council for a hearing on behalf of property owners Gomes, Anderson, Paulsen and Newby, from a denial by the Planning Commission for rezoning and use permit in the block bounded by Stafford Street, California Boulevard, Taft Street, and Kentucky Street. A public hearing was set for August 7, 1967.at 8:00 p.m. 9. Communication from W. S. Howell, 2475 Johnson Avenue, submitting a claim to the City Council for damages to his automobile caused when a passing car kicked a piece of asphalt from the street which struck the windshield of his-car. Mr. Howell continued that a month later debris was again thrown up by a passing car and broke the side windows, but that the insurance company, after discussion, had denied the claim. He stated he felt that he was entitled to have his vehicles repaired as the City was well aware of the deterioration of the street surface on Johnson Avenue. The City Council instructed R. D. Miller, Administrative Officer, to obtain a report from the insurance adjusters on this matter. The matter was continued to the next meeting. 11. D. F. Romero, City Engineer,. again briefed his report on the improvement to Carpenter Lane and Hillside Court to full City standards. Mr. Romero presented cost estimates for improving the property for street, curb, gutter, sidewalks, sewer, and water. Mr. Romero suggested that Mr. Perkins should contact his own engineer to complete more detailed studies for subdivision development. Mr. S. Perkins appeared before the City Council to discuss the report of the City Engineer as he felt the figures presented for improving his property were quite high for the developing of six lots. Mayor Whelchel.suggested that•Mr..Perkins might contact his neighbors to see if they wished to form an assessment district to improve this property. X. Mr. Paget introduced to the City Council a Japanese Youth Exchange Student studying City and County Government in California in order to broaden his knowledge of the United States. This is one of the students supported under:the Lions Club Exchange Students Program. City Council Minutes July 17, 1967 Page 5 12. Communication from the City of Arroyo Grande requesting that the._City Council consider the formation of a Joint Powers Planning Council in order that the cities and the county would have an agency to process planning applications through HUD. Mayor Whelchel explained that this matter had been discussed by the County Mayors' Association and he felt, while the City of San Luis Obispo is not anticipating this type of program at this time,-they may in the future and that, before Federal Grants can be given to a city or county, the project must be considered ' by a City- County Planning Council. The City Council stated that they were interested in this program and authorized the Mayor to proceed through the County Mayors' Association with its formation. 13. Communication from W. E. Upton, Regional Tax Manager for Montgomery-Wards Co., notifying the City that, as they are closing their local store on August 19, 1967, they would appreciate some consideration on a reduced business license fee for the short period of time they are in the City. H. Johnson, City Attorney, told the City Council that there were no provisions in the ordinance to take care of the request of Montgomery -Ward Company. He stated once a business was in a fixed place of business category, they must continue to pay on the gross receipts basis. On motion of Councilman Blake, seconded by Councilman Spring, the request was denied without prejudice. Motion carried. 14.. Communication from the Department of Youth Authority, State of California, regarding a meeting to be set up to prepare the study requested by the City by the California Delinquency Prevention Commission. The City staff was instructed to contact the coordinating council and arrange a meeting with them. I i 15. At this time the City Council sat as a City Board of Equalization to hear complaints or protests to the 1967 -68 assessment roll. The City Clerk reported that, to date, he had not received any written or oral requests for consideration by the Board of Equalization. Mayor Whelchel announced that now is the time for anyone wishing to bring business before the City Board of Equalization to do so. No one appeared. On motion of Councilman Gallagher, seconded by Councilman Spring, that the City Board of Equalization close the hearing. Motion carried. 16. Communication from R. D. Young, Planning Director, requesting that the City Council amend the zoning ordinance by adding.section numbers to the various zoning districts so that when amendments are made to special zone districts they can be made by printing only that section affected, rather than printing the entire zone chart. Mr. Young discussed this proposal with the.City Council. On motion of Councilman Blake, seconded by Councilman Gallagher, the following ordinance was introduced. Ordinance No. 382, an ordinance re- numbering the Zoning Districts and adding separate sections for each zone classification. Introduced and passed to print on the following roll call vote: AYES: Councilmen Blake, Gallagher, Spring, and Mayor Whelchel NOES: None ABSENT: Councilman Miller City Council Minutes July 17, 1967 Page 6 17. For the Council's information, a copy of a communication from the City Engineer to A. L. Teague, notifying Mr. Teague that the building on Woodbridge Avenue was being constructed below existing street grades and.that sometime in the future when the streets were put in he might have difficulty entering or exiting to the building from Woodbridge Street. This letter was sent to Bailey Bridge, Inc., new owner of the building on Woodbridge Street. 1 Communication received and filed. 18. Discussion by the City.Council on the selection of an architect to design the new Police Facility. John R. Ross, architect, presented a letter to the City Council, asking that the City Council consider him and his firm to be architects for the new Police Building. He stated that he was very interested in acting as an architect for the City on this project. R. D. Miller, Administrative Officer, explained past Council procedure in retaining professional architects for projects being planned by the City. The City Council discussed the past procedures for retaining an architect, particularly in view of the fact that a broad program calling for construction of an EOC must also be considered. Councilman Gallagher suggested that the City Council retain John Ross as architect, as he is well qualified, is a local resident, and businessman in the City. Councilman Blake stated that he felt no one should be hired until the Federal Government application has been completed for matching funds for the EOC portion of the Police Building. Mayor Whelchel suggested that all local architect firms be invited to submit proposals to act as architect for the City. On motion of Councilman Blake, seconded by Councilman Gallagher, that the Mayor be authorized to sign the application IA for matching funds for Federal Aid in developing an EOC in the Police Facility. Motion carried. The City Clerk was instructed to invite applications for proposals from architects for the Police Station, to be considered at the next meeting. E. L. Rodgers, Police Chief., urged that the City Council, before hiring an architect, appoint a committee and that he and the committee be allowed to visit other cities within the State that have completed.new Police.Stations so that the City of San Luis Obispo could benefit by any mistakes or omissions to new Police Buildings in.other communities. 19. Memorandum from 0. J. Gullickson, Deputy Director of Civil Defense, forwarding suggested plans for inclusion in the new Police Building for an EOC center was. ordered received and filed, to be referred to the architect for the Police Building when retained by the City. 20. Communication from the.City Clerk, suggesting that the low bid for sale of the Cornet property, selling just the land and building, be $77,000.00, with the balance of the property being retained.by the City for inclusion in the Mission Plaza development. On motion of Councilman Gallagher, seconded by Councilman Blake, the City was authorized to call for bids to sell the Cornet building for $77,000.00. Motion carried. 21. On motion of Councilman Blake, seconded by Councilman Gallagher, the following resolution was introduced. Resolution No. 1721, a resolution approving agreement with the San Luis Coastal Unified School District and Authorizing Execution by the Mayor. Motion carried.. City Council Minutes July 17, 1967 Page 7 Passed and adopted on the following roll call vote: AYES: Councilmen Blake, Gallagher, Spring, and Mayor Whelchel NOES: None ABSENT: Councilman Miller 22. On motion of Councilman Spring, seconded by Councilman Gallagher, the following ordinance was introduced. Ordinance No. 381, an ordinance amending Chapter 4 of Article VI of the San Luis Obispo Municipal Code relative to Uniform Sales and Use Tax. Introduced and passed to print on the following roll call vote: AYES: Councilmen Blake, Gallagher, Spring, and Mayor Whelchel NOES: None ABSENT: Councilman Miller 1 23. On motion of Councilman Gallagher, seconded by Councilman Blake, the following ordinance was introduced for final passage. Ordinance No. 378, an ordinance authorizing lease of the Elementary Library Building to the Chamber of Commerce: Finally passed on the following roll call vote: AYES: Councilmen Blake, Gallagher, Spring, and Mayor Whelchel NOES: None ABSENT: Councilman Miller 10. At this time the City Council discussed with representatives of the Central California Communications Corporation a progress report on improving Cable TV for the City of San Luis Obispo. The City Clerk reported-that from April 1967 to June 30, 1967 the City had received cards and letters from 64 persons urging inclusion of Channel 13 out of Los Angeles, California, to be added to the cable supplied by CCCC. In tabulating this figure, the City Clerk stated that when the card was signed "Mr. and Mrs." they were counted as two signers.. These cards and letters were received by the City as a result of a series of articles in the Telegram- Tribune urging that Channel 13 be placed on the Cable. Mr. Art Hapgood, Vice - President of CCCC, appeared before the City Council and presented a progress report on the proposed changes to the microwave system being installed at the present time. Mr. Hapgood stated that, as had been reported previously, the microwave pickup point was being moved to Broadcast Peak north of Santa Barbara which would make the pickup point closer to the Los Angeles stations which should make for better reception than exists at the present time. Mr. Hapgood then reported on the applications and hearings held before the FCC on their application to take this action. He also reported on a poll conducted by the Cable Company at the request of the City Council, to see what the majority of these subscribers desired on the Cable, and that Channel 13 out of Los Angeles showed the lowest request for inclusion and the least interest by persons returning the ballots. 1 J City Council Minutes July 17, 1967 Page 8 Mr. Hapgood stated that the Cable Company is only interested in providing the .best possible service to their subscribers and would continue to do this as rapidly as possible. The City Council then discussed with the CCCC representatives various problems brought to the individual Council's attention by citizens of the City who appear to be having CATV problems. ' Mr. Horton, Engineer from CCCC, explained to the City Council the various technical problems involved in changing the microwave pickup point from Mustang Peak to Broadcast Peak and, while it seems to the average person an extreme length of time to accomplish this move, it requires a lot of testing by the Cable and Microwave Company .in order to locate their equipment properly. He stated he felt, although he could not guarantee the date, that the move to Broadcast Peak and the tests involved should be completed within five months barring unforseen problems and that the subscribers should be receiving improved programming and reception at that time. The City Council thanked Mr. Hapgood and Mr. Horton for this progress report and asked them to keep the City informed if there were additional delays or problems so that they would have answers for the public when requested. 24. The City Clerk reported on the following bids received for Foothill Boulevard Widening, City Plan No. 13 -67. 1. C. S. Construction Company Post Office Box 24 Pismo Beach, California 1 2. Ted Watkins Construction Company Post Office Box 1380 San Luis Obispo, California 3. Harms Brothers Construction Company 5261 Stockton Boulevard Sacramento, California Engineer's Estimate $ 8,754.00 9,971.50 10,053.00 8,909.00 D. F. Romero, City Engineer, recommended that the low bid of C. S. Construction Company be accepted. On motion of Councilman Spring, seconded by Councilman Gallagher, the low bid of C. S. Construction Company was accepted and the contract awarded. Motion carried. 25. On motion of Councilman Gallagher, seconded by Councilman Spring, that Mr. John Heinz be reappointed to a four year term as a member of the City Library Board. Motion carried. 26. On motion of Councilman Blake; seconded by Councilman Gallagher, the following deeds and agreements were accepted and the Mayor was authorized to record on behalf of the City. Motion carried. A. Grant deed and agreement from Francis R. Scott and Isabel A. Scott for street widening on Johnson Avenue. Also, a deed of Partial Reconveyance from Francis R. Scott and Isabel A. Scott. B. Grant deed and agreement from Howard W. Louis 'and Yvonne Louis for street widening on Johnson Avenue. C. Grant deed and agreement from Charles E. Wells and Suda L. Wells for street widening on Johnson Avenue. D. Grant deed and agreement from M. C. Martinsen and Marian J. Martinsen for street widening on Foothill Boulevard.