HomeMy WebLinkAbout02/19/1968Roll Call
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
February 19, 1968 - 7:00 P.M.
CITY HALL
Present: -Emmons Blake, Frank Gallagher, Arthur F...Spring;
Donald Q. Miller, Clell W. Whelchel ,
City Staff.
-- Present : - R. D. Young, Planning Director; J. H. Fitzpatrick,,City Clerk;
H. Johnson, City Attorney; D. F. Romero, City Engineer; R. D.
Miller, Administrative Officer; E. L. Rodgers, Police Chief;
E.•P. Thompson, Water-Department-Director.
On motion of Councilman Gallagher, seconded by Councilman Miller, the minutes of
the Council meeting of January 29.and February 5, 1968 were approved. Motion
carried.
On motion of Councilman Miller, seconded by Councilman Gallagher, the claims against
the City for the month of February were approved subject to the approval of the
Administrative-officer. Motion carried.
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1. Communication from Helen Baumberger, dba French Quarter, requesting permission
of the City Council to install a metal frame awning over the City owned patio at the
rear of the Mission Mall building.
Mrs. Baumberger presented a sketch of the proposed awning and cover.
H. Johnson, City Attorney, explained that this request required approval of the
City Council but that this construction of the awning and its steel supports could
not give anyone using the property any property rights ahead of the City -since any.
such encroachment could only be temporary and.no private party -can claim adverse
possession of public property.
Councilman Gallagher stated that he felt that the proposal for an awning was a
part of the original deal wh_e_n Dr. Middleton purchased the Cornet Store and put in
the Mall.
Mrs. Baumberger appeared before the City Council on behalf of her request to place
two semi - permanent awnings over City property so that patrons of her restaurant
could use this area for dining during inclement weather.
John Reid, San Luis National Bank, wished to remind the City Council of his
discussions with them when he was representing the owners of the Mission Mall
development that the property owners were promised by the City that they could use
the easement at the rear of the property for restaurant purposes if the property
owners gave an easement through the store to Higuera Street. He felt that this
awning was an integral part of the Mission Mall development and was an economic
necessity for the success of the restaurant.
John Kellerman, Chief Building Inspector, explained to the City Council the
provisions of the Uniform Building Code dealing with this type of construction in
Fire Zone No. 1.
The City Council discussed with the Building Inspector ways and means of allowing
this public establishment the right to build this metal enclosure over City property.
Mrs. Baumberger again appeared before the City Council urging approval of her
request for the awning. She explained the structure and construction features,
she felt the structure was safe and would not be a hazard to the public, but felt
that any delay would be disasterous to her opening.
John Reid again stated he felt that his tenants had received from the City Council
exclusive use of the public area behind the old Cornet Store building on condition
of an easement through the building.
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City Council Minutes
February 19, 1968
Page 2
H. Johnson, City Attorney, stated that Mr. Reid's memory was incorrect since neither
the encroachment permit nor the related documents of the sale to Dr. Middleton
stated that exclusive right of use of such public property was granted to.any person
or corportion and the encroachment permit expressly stated the use was non - exclusive.
On motion of Councilman Gallagher, seconded by Councilman Miller, that the request
be approved, that the doorways be five feet wide and of fireproof material.
Motion lost on the following roll call vote:
AYES: Frank Gallagher, Donald Q. Miller
NOES: Emmons Blake, Arthur F. Spring, Clell W. Whelchel
ABSENT: None
On motion of Councilman Blake, seconded by Councilman Miller, that the matter of
the awning be referred to a Committee consisting of the Building Department and two
Councilmen to make recommendations on this matter March 4, 1968. Motion carried.
Mayor Whelchel appointed Councilman Gallagher and Councilman Blake as Council
representatives on this committee.-
2. Communication from the San Luis Obispo County Historical Society protesting the
action of the City Council in removing the small mill At the rear of the Murray
Adobe on Monterey Street.
Mayor Whelchel presented a letter written by him to the President of the Historical
Society explaining the facts behind the Council's action and further that the
Historical Society h "id received sufficient notice of the dangerous condition of
'this structure.
Mayor Whelchel also stated that the action was unanimous by the members of the
Council present.
Councilman Miller stated that while he was absent at the time this action was
taken, he too would have voted for the demolition of this mill on the basis of
public safety.
3. Communication from Peter R. Andre, representing Serafino Martinelli and Carmen
Martinelli, requesting that the City participate on a pro -rata share of the sewer
installation on Madonna Road near the intersection of Highway 101.
D. F. Romero, City Engineer, explained the proposal and stated it was his
recommendation that the City treat itself as a normal property owner and not be
required to contribute to the sewer line until it is time for the City to use it.
On motion of Councilman Gallagher, seconded by Councilman Spring, that the City not
participate in,sewer..extension.at this time. Motion carried. .
4. Communication from J. R. Butler, 1030 Ella Street, regarding a driveway problem
was continued.
'S. Communication from the Chamber of Commerce forwarding.the correct media and
schedule for the Yambert- Freeman Agency as approved by the Advertising Committee was
ordered received and filed.
6. At this time the City Council held a public hearing on the appeal of Ray B.
Bunnell from a denial by the Planning Commission of his request for a variance to
waive the requirement for covered parking at 1337 Stafford Street.
R. D. Young, Planning Director, submitted the following report.
City Council Minutes
February 19, 1968
Page 3
1. A building permit was issued on April 18, 1966, to construct a triplex on
the subject property. At that time covered parking spaces were not required in the
R -2 District. Work had not commenced within 60 days therefore the permit expired.
2. A new building permit was issued on October 2, 1967, 45 days after the
new Zoning Ordinance which required covered parking became effective.
3. The Commission was of the opinion that because of the length of time
between the expiration of the original permit and its renewal, there was no
justification for granting the requested variance, and to do so would constitute
granting a special privilege not afforded to other property owners in the same
district.
Mayor Whelchel declared the public hearing open.
Ray B. Bunnell, contractor, appeared before the City Council explaining the history
of this project and the reasons for its delay and its completion. He stated this
project evolved over a period of time during which the parcels were changed and
also during the period when the Zoning Ordinance was.amended requiring covered
parking areas in the R -2 Zone.
He stated he and his partners were unaware of this change and that their final
approved financing did not include funds for covered parking.
Mayor Whelchel declared the public hearing closed.
R. D. Young, Planning Director, reminded the City Council that when the current
building permit was issued the plans were plainly marked that the project required
two covered parking spaces.
On motion of Councilman Gallagher, seconded by Councilman Miller, that the request
be approved and a variance be granted to Ray B. Bunnell. Motion carried.
Councilman Blake voting no.
On motion of Councilman Miller, seconded by Councilman Gallagher, that.the Planning
Commission be asked to review the covered parking requirements in the R -1 and R -2
zones. Motion carried.
7. Recommendation from the Planning Commission rezoning property at 71 North
Broad Street owned by Alex Quaglino from R -1 to R -H -S was set for public hearing
March 4, 1968.
8. Memorandum from L. Schlobohm, Fire Chief, regarding establishing a Fire
Department eligibility list for the Battalion Chief vacancy was presented.to the
City Council, and as the Council had no objection, the memorandum was ordered
received and filed.
9. Communication from the League of .California Cities notifying the City Council
of proposed amendments to the Government Code dealing with preemption by the State
of California was referred to the City Attorney for analysis and correspondence
with the Legislature. :.
10. R. D. Young, Planning Director, reported that there is nothing new to report
on the Mission Plaza Project.
On motion of Councilman Miller, seconded by Councilman Gallagher, that the City
Staff proceed with the demolition of the buildings on the recently purchased Ledson
property. Motion carried.
11. Memorandum from the Committee appointed to select a landscape architect for
preparation of a plan for the Mission Plaza area asked for Council guidance on
the extent of financial.aid the City would provide.
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City Council Minutes
February 19, 1968
Page 4
The Committee stated they felt this plan would not only consist of landscaping but
would also include walkways, retaining walls, lighting system and plaza furniture.
A major item would be the construction of retaining walls with some artistic treatment.
The Council stated they felt $100,000 would-be a realistic expenditure of which
could be made over a period of years.
'The City Council stated they had no objection to this assumption and the Committee
was authorized to proceed.
12. Police Chief,.E. L. Rodgers, reported to the City Council on the complaint
of Mrs. LaFreniere regarding a neighbor's dog running free and biting her child.
Chief Rodgers stated he contacted Mr.-Ahearn and that he was making every attempt
to keep his dog on his property and on a leash when he left the property. He also
stated that he had contacted Mrs. LaFreniere and that she felt that Mr. Ahearn was
attempting to control his dog.
13. The following communication was received from the park and Recreation Commission.
The Audubon Society and Lions Club proposal's were studied at some length by
the Commission. Both groups felt the others proposal compliment - .their project.
The Audubon Society wishes a portion of the Marsh.and Peninsula (within the
Laguna Lake property) be retained in its natural state. This area is an excellent
habitat for many forms of wildlife. In addition, they urge and plan for future
completion of•a Junior Museum to enhance this area.
The Lion's Club wishes to proceed with their project of tree planting as a
living memorial. However, a part of the peninsula must be raised by fill to keep
the area from flooding. The area of fill and boundaries agreeable to the two
groups will be explained to the Council in detail.
The Commission unanimously recommends the following:
1. The filling of the peninsula up to the agreed boundary continuing
until.it.is above normal flooding stage.
2. The remainder of peninsula and marshy bay from fill portion in a
north westerly direction to City property line be retained in its
natural state.
On motion of Councilman Miller, seconded by Councilman Gallagher, that the City
Council approve the recommendations of the Park and Recreation Commission. Motion
carried..
8:50 P.M. Mayor Whelchel declared a recess. 9:00 P.M. the City Council reconvened
with all members present.
14. Communication from the County Department of Public Health, asking that the
City Council adopt an ordinance providing for the control of food and drink
establishments in the City of San Luis Obispo on the same basis and under the
same conditions as in the County.
The communication was referred to the City Attorney for an analysis and a copy
of the proposed ordinam a was to be sent to the City Council.
15. Report by Coit Coolidge, Library Consultant, on a proposed library service
plan for the County of San Luis Obispo was continued and the City Librarian was
asked to prepare a brief analysis of the report and her recommendations to the
City Council.
City Council Minutes
February 19, 1968
Page 5
16. Copy of the Sample Land'Conservation Agreement being considered by t.he'County
Board of Supervisors was presented -to the City Council for its information by the
City Attorney and then was ordered.received and filed.
17. On motion of Councilman Miller, seconded by Councilman Gallagher, a grant deed
for street widening purposes along the frontage road adjacent to the Howard Johnson
Restaurant was accepted and the Mayor was authorized to record on behalf of the City.
Motion carried.
18. Communication from T. C. Maino requesting that the City accept the improvements
in Tract No. 347 located at the intersection of Highway 101 and Los Osos Road and
also that the City reimburse the Company in the amount of $29,007.29 for excess
capacity of sewer and water facilities to serve this development.
The matter -of the acceptance of the Tract was continued to,the next meeting'in
accordance with Council policy and report from the City Engineer and ow motion of
Councilman Gallagher, seconded by Councilman Spring, that the City pay 80% of the
$29,007.29 at this time and 20% balance be paid upon acceptance of the Tract by
the City.. Motion carried. Councilman'Miller voting no. 1:
19. On motion of Councilman Gallagher, seconded by Councilman Miller, the-Mayor
was authorized to sign the agreement for street widening between the City and
Joseph Adamski. Motion carried.
20. R. D. Miller, Administrative Officer, reported to the City Council and asked
permission for sick leave in excess of two weeks for Sgt. Frank Garzoli who is
sick in the hospital with a hernia operation.
Request approved on motion'of Councilman Gallagher, seconded by-Councilman Blake.
Motion carried.
21. H. Johnson, City Attorney, reported to the City Council that on the acceptance
of Tract No. 322 and the drainage easement, that he has not been contacted-by the
attorney for the North American Aviation Employees Credit Union, but he will keep
the City Council aware of any progress.
22. The City Council adjourned to Executive Session to discuss litigation matters
including property acquisitions involving pending or possible litigation.
23. On motion of Councilman Gallagher, seconded by Councilman Spring, the meeting
adjourned at 10:00 P.M. Motion carried.
APPROVED: March 4, 1968
`J FITZPATRICK
CITY CLERK
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