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.
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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.
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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.
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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.
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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.
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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
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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.
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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.