HomeMy WebLinkAbout05/20/1968MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
May 17, 1968 - 11:30 A.M.
CITY HALL
Roll Call
Present: Emmons Blake, Frank Gallagher, Arthur F. Spring,
Donald Q.-Miller, Clell W. Whelchel
City Staff
1 Present: J. H. Fitzpatrick, City Clerk; R. D. Miller, Administrative
Officer.
Also present were the following members of the San Luis Obispo Board of Director
of the Chamber of Commerce.
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Robert Neal, Robert Jansen, Walter Lerette, Lee Balatti and
Jim Kimball.
1. The.City..Council discussed with the Chamber Board of Directors items proposed
in the 1968 -69 budget for Chamber of Commerce contract and the advertising and
promotional.budget for the next fiscal year.
The City Council also discussed with the Chamber Board of Directors-the respective
roles-in chamber operation and future plans for achieving goals on.tourism,
promotion, etc. It was agreed that the County EDC was to be asked to take over
more of the load in industrial.promo.tion and that the local chamber manager should
devote more of his time to development of tourism and local business. The Council
also discussed in detail the manner in which Mr. Wallace was performing his job.
2. The City Council then continued their budget study starting with Page 62 and
ending with Page 86.
On motion of. Councilman Gallagher, seconded by Councilman Blake, the meeting
adjourned. Motion carried.
APPROVED: June 3, 1968 '
H. FITZPATRICK
CITY CLERK
Roll Call
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
May 20, 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;
W. E. Flory, Park and Recreation Director; H. Johnson, City
Attorney; D. F. Romero, City Engineer; R. D. Miller, Adminis-
trative Officer; L. Schlobohm, Fire.Chief; E. L. Rodgers,
Police Chief; E. P. Thompson, Water Department Director.
City Council Minutes
May 20, 1968
Page 2
On motion of Councilman Miller, seconded by Councilman Gallagher, the minutes of the
meeting of May 6, 1968 were approved. Motion carried.
On motion of Councilman Gallagher, seconded by Councilman Miller, claims against
the City for the month of May 1968 were approved subject to- the'approval of the
Administrative Officer. Motion carried.
1. Communication from the Retail Merchants Commitee requesting Council permission
to operate a Flea Market promotion in downtown San Luis Obispo on Saturday, July 27,
1968.
The Committee plans on renting space for Flea Market vendors for $4.00 for the day
plus $1.00 additional for-City licenses for one-day for persons not regularly
engaged in business.
They requested that Higuera-Street from Morro - Street to -Broad Street be closed-on
July 27, 1968 to operate the Flea Market. The second choice would be Higuera
Street from Chorro Street to -Broad Street plus Garden Street to Marsh Street. -
Duane Brooks, representing the Merchants- Committee, appeared before the City Council
in support of the request of the Committee.
Police Chief E. L. Rodgers appeared before the City Council and stated he would be-
opposed to closing Higuera Street to traffic as this is a one way street and it
would be difficult to route traffic through the downtown area or around town if
this'street were closed.
Fire Chief Lee Schlobohm stated that he had no recommendation to make to the City
Council at this time until he sees what plans the Merchants Committee have made for
safety vehicles.
Mayor Whelchel stated at first glance that he would be opposed to closing Higuera
Street all day for a sales promotion'. He asked the Committee if they could use
Parking Lot No. 2 and Garden Street between Higuera Street and Marsh Street for
this promotion.
Councilman Gallagher stated that he felt he would also be opposed to the closing of
Higuera Street but that maybe the Committee could look into closing Chorro Street
between Higuera and Marsh Streets-and Garden Street between Higuera and Marsh
Streets.
R. D. Miller, Administrative Officer, suggested the Committee use Parking Lot No. 4
on Chorro and Riley's Parking Lot at Marsh and Chorro Streets.
Mayor Whelchel stated that apparently the City Council did not oppose the Flea
Market promotion but are concerned about the traffic problems in closing the City's
main street.
He suggested that Mr. Brooks -go back to the Committee and discuss the suggestions
made by the City Council and staff.
The matter was continued to June 3, 1968.
2. Request from Fred'Schofield for exception to sidewalk driveway cut to allow a
21 foot opening at 1503 Osos Street.
D. F. Romero, City Engines-, explained the problem in that Mr. Schofield was "placing
three garages under an apartment in order to comply with the zoning requirements but
that due to the restricted area of the lot it was impossible for a -legal driveway
to allow three cars to enter the property.
D. F. Romero stated"he "had no 'objection to the City 'Council granting this exception
but only the =City Council could' do this'. ' •,
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City Council Minutes
May 20, 1968
Page 3
On motion of Councilman Miller, seconded by Councilman Gallagher, that a.21 foot
driveway ramp be allowed at 1503 Osos.Street. Motion carried.
3. Request from the Disabled American Veterans for an exempt business license to
sell tickets for a donkey baseball .game to be held.in San Luis.Obispo on May 30, 1968.
On motion of Councilman Gallagher, seconded by Councilman Miller, an exempt license
was authorized for the DAV donkey baseball game. Motion carried.
4. .Communication from Radio Station KATY requesting that they receive a copy of
supporting items along with.the City Council agenda for each Council Meeting.
Mayor Whelchel stated that .up to last .week he was not aware that the newspaper was
receiving agenda items addressed to the City Council. He questioned whether
communications addressed to the.Mayor or-City Council should be given to the news
media prior.to the City Council taking action on their receipt. .
He asked the City Attorney at.what point was information in the City Hall public to
anyone who ,desired to see it.
H. Johnson, City Attorney, explained public-documents and public records as follows:
Any writing or document that pertains to, or affects, the public at large or the
community and is, therefore, a matter in which the public has an interest becomes
a public record when it is delivered to the City Clerk or some other public official
at the City Hall. This does not mean that each letter which the Mayor or Councilman
receives in their own post office box or at home falls into this category. Nor does
it mean that every letter received in the Clerk's Office has to be placed on the
City Council agenda. However, once it is decided to place it on the agenda, the
writing falls into the public domain.
Councilman Blake stated that he felt it was a good idea to share this information
with.the. various news. media which insured the..public's right.to know what was being
considered by the City. Council... y ..
Councilman Gallagher stated he felt that all information should be made available to
the news media and to the public if they so request.
On motion of Councilman Gallagher, seconded by Councilman -Blake, that the request
of KATY be approved and any other similar request from other news media was to be
approved. Motion carried.
5. Communication from the Division of Highways notifying the City Council that they
will issue the City an encroachment permit for landscaping and pedestrian access
across their portion of City property at Santa Rosa and Walnut Streets.
On motion of Councilman Blake, seconded by. Councilman Gallagher, the Mayor was
authorized to sign the application for an encroachment permit. Motion carried.
6. D. F. Romero, City Engineer, presented to the City Council plans and specifica-
tions. for ,the;.installation.of._a traffic. signal at Mill .and California Streets.. •.
D. F. Romero explained the scope of the project and types of equipment to be included
in the project.
On motion of Councilman Miller, seconded by Councilman Gallagher, plans and
specifications.were approved and the City Engineer was authorized to advertise for
bids. Motion carried.
7. D. F. Romero, City Engineer, explained that the tree planting deposit for
Tract No. 322 would cover planting at this time, which would imply City maintenance
of the trees throughout the Summer at substantial cost to the City, but that the .
tree planting .would.not..cover.costs..this Fall.when.the trees could be expected to
be able to survive without care. He requested Council guidance regarding the
approach to be followed.
City Council Minutes
May 20, 1968
Page 4
R. D. Miller, Administrative Officer, suggested that the City deposit this check
and offer each new property owner a tree to be planted at the time the buildings
are built.
On motion of Councilman Gallagher, seconded by Councilman Spring, that the City
accept the deposit from the developer and give each new home owner $11.00 if he
will plant a tree as required by the City. Motion carried. Councilman Miller
voting no.
8. D. F. Romero, City Engineer, presented for the Council's information and for
guidance of his Department, preliminary plans for the construction of the realign
ment of `Monterey Street. Mr. Romero pointed out that Mr. Taylor, the Landscape
Architect was proposing to make a presentation to the City Council at the June 3rd
meeting and that this would-make an extremely tight schedule for his Department to
complete all plans for the Monterey Street Realignment by June 176. He was
therefore asking for guidance on several matters which would allow him to continue
work on the construction plans during'the next two weeks.- The Council was generally
agreed that the limits of the street realignment work would be the Easterly curb
line'of Broad Street and the Westerly curb line of Chorro Street, that the contract
for street work would call for removal of all sidewalk and street paving up to the
Mission.property,.that. the street would be of colored concrete with a texture, and
that the sidewalks would be of exposed aggregate with paving blocks and tree wells
at intervals.
9. Communication from the San Luis Obispo Garden Club notifying the City Council
they wish to go on record as opposing the realignment'of Monterey Street and Chorro
Street.
Communication received and filed.
10. Communication from the San Luis Obispo Garden Club notifying the City Council
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that they are opposed to the "Jack in the Box Restaurant" setting up business in
the Foothill Boulevard area which would necessitate the removal of lovely trees
which would destroy a beauty spot in the City.
The City Council requested the Planning Director and City Engineer to work with
the developers of the "Jack in the Box Restaurant" to see what could be done to
save the trees on the property.
11. Traffic Committee Report-of April 18, 1968.
68- 5 -5T:'- The City Engineer has prepared a study of appropriate locations.on upper
Monterey Street and throughout the downtown area pointing to the various freeway
entrances. We feel that these signs are badly needed and recommend that forty -seven
signs be installed at an estimated cost of about $1,000.00.
D. F. Romero, City Engineer, presented a map showing the proposed locations of the
freeway directional signs.
The City Council discussed with the City Engineer the proposed sign locations making 1
suggestions for additions or deletions.
On motion of Councilman Gallagher, seconded by Councilman Blake, the recommendation
and locations were approved as amended. Motion carried.
68 -5 -6T. A traffic hazard has been noted.on Pismo Street and Toro Street because of
the jog in-the Street. The Traffic Committee feels that if seventy -eight feet of red
zone were installed on the northerly side of Pismo extending in an easterly
direction from Toro and fifty -four feet of red zone were installed along the
southerly side of Pismo extending westerly from Toro; the problem would be largely
eliminated. If the Council concurs, it is suggested that a public hearing be
and the City Clerk be asked to advise the affected residents.
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City Council Minutes
May 20, 1968
Page 5
D. F. Romero, City Engineer, presented a sketch showing the traffic pattern if the
curbs were painted as recommended by the Traffic Committee. He stated he felt that
if the restricted parking was placed that the traffic would be much safer at this
intersection.
He then presented a sketch showing the physical removal and the setting back of
curb, gutter and sidewalk on the two corners in question which he stated would be
' a better approach but would cost approximately $2,616.25 including land acquisition.
The matter was continued to the June 3, 1968 meeting so that the City Council could
take another look at the intersection considering both proposals.
13. On motion of Councilman Blake, seconded by Councilman Spring,.the following
ordinance was introduced for final passage. Ordinance No. 400, an ordinance
rezoning property located at 14 Broad Street on the east side of Broad Street
between Foothill Boulevard and Meinecke Avenue from R -3 to C -N District.
Finally passed on the following roll call vote:
AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring,
Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
14. On motion of Councilman Blake, seconded by Councilman Gallagher, the following
ordinance was introduced and passed to print. Ordinance No. 409, an ordinance•
regulating the erection and maintenance-of barbed wire fences within the City of
'San Luis Obispo.
Introduced and passed to print 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. On motion of Councilman Blake, seconded by Councilman Spring, the following
ordinance was introduced for final passage. Ordinance No. 417, an ordinance
imposing a 5% tax upon the privilege of transient occupancy and providing for the
collection thereof.
Finally passed on the following roll call vote:
AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring,
Donald Q. Miller, Clell W. Whelchel
NOES: None,
ABSENT: None
16. The City y Attorne presented for the Council's consideration an ordinance
amending the grading ordinance and certain language in the Building Code dealing
with excavations and storage of fill materials on property.
The City Council discussed the provisions of the proposed ordinance but felt that
some time limit should be set in the ordinance so that these properties would not
stay unsightly forever. A suggestion was made.that permits could be granted by
the Engineer for one year with.extensions made only by the Council.
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City Council Minutes
May 20, 1968
Page 6
The proposed ordinance was re- referred to the-City Attorney for preparation of
an amendment on time limits, etc.
17. On motion of Councilman Miller, seconded by Councilman Gallagher, the following
resolution was infroduded.' -Resolution No. 1815,'a -resolution transferring funds
within the Whale Rock Budget for 1967 -68.
Passed and adopted on the following roll call vote: 1
AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring,
Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
18. D. F. Romero, City Engineer, presented for the City Council's consideration
an agreement between the City of San Luis Obispo and San Luis Properties, Inc.,
developers of Madonna Road Plaza for improvements to said shopping center.
D. F. Romero explained that the provisions of the agreement were similar to the
normal agreement for subdivisions with the following special conditions.
(1) Developer will pay a proportionate share of the water main on Madonna
Road (965 ft. @ 1.83290425/ft. _ $1,768.75), and the water acreage fee (28.149 net
ac. at $350 /ac. _ $9,852.15) prior to the commencement of water service.
(2) Within 30 days after acceptance of the waterline improvements and receipt
of a certified statement of cost covering such improvements, City will pay for
difference between an 8" and a 12" waterline on Riskas Road. Developer shall be
entitled to such reimbursements as are specified under Section 7410.7 of the San
Luis Obispo Municipal "Code.
(3) Developer shall dedicate widening on Madonna Road, construct curb, gutter
and sidewalk and bring the street to subgrade. The City will place base and paving
on this street.
(4) The City will reserve a 1 foot non - access strip on the South side of Riskas
Road. Subject to receipt of a certified statement of cost from the developer, he
shall be entitled to reimbursement from the adjacent property owner, including land
cost, for all improvements serving the South side of Riskas Road as determined by
the City Engineer prior to release of access rights across said 1 foot strip.
Reimbursement to the Developer shall be applicable until December 31, 1982.
(5) Developer shall pay the City the sum of $2,018.71 for a-proportionate share
of the capacity provided in the sewer lift station and trunk lines serving this area.
(6) Developer shall be entitled to such reimbursements as are specified under
Section 7500.7 of the San Luis Obispo Municipal Code.
(7) It is mutually agreed that grading permit fees ($226) will be deposited
with other inspection fees for the development and that these funds will be treated
as normal inspection fees.
(8) Developer shall dedicate an easement for drainage covering the major 1
storm drain facility which traverses the property.
He recommended to the City Council that this agreement be approved.
H. Johnson, City Attorney, stated the agreement is legally correct and recommends
its acceptance by the City Council.
On motion of Councilman Gallagher, seconded by Councilman Miller, that the agreement
be approved and the Mayor be authorized to sign on behalf of the City. Motion
carried. Mr. Johnson was asked to bring back an amendment to the appropriate
ordinance allowing 15 year refunds on sewer and water extensions instead of the
present 10 year limit.
City Council Minutes
May 20, 1968
Page 7
19. On motion of Councilman Miller, seconded by Councilman Gallagher, the Mayor was
authorized to sign the escrow instructions for purchase of the filtration plant
property from the State of California pursuant to the lease - purchase agreement dated
1963 with Cal Poly.
8:50 P.M. Mayor Whelchel declared a recess. 9:00 P.M. the meeting reconvened with
' all Councilmen present.
12. George Wofford, Assistant District Engineer for Planning, District 5, Division
of Highways, appeared before the City Council to present additional :information
requested by the City Council on additional studies for Route 101 through the
Cuesta Canyon.
He continued that the purpose of these studies was so that the local Division of
Highways could begin planning the project so that plans could be ready when the
traffic needs-dictated improvements.
He continued that during all these studies the staff studied 15 separate alignments
of the highway and various combinations of these alignments.
He continued that the instability of the soil on the eastern slope of the canyon,
made it practically impossible to stabilize the sides of the mountain to hold a
road. He then presented a sketch showing the results of the tunnel -study prepared
at the request of the City Council.
He stated that the study showed the north bound traffic being carried generally
along the present highway alignment and the south bound traffic using a tunnel
under the grade.
He continued that the cost of this project would be approximately $75,600,000.
$50,000,000 for the tunnel alignment which would be 7,000 feet long and the $25,600,000
for roadway excavation, etc. 1.
This tunnel.proposal would be almost $34,000,000 higher than,the original proposal
by the Division of Highways.
George Wofford then stated that after this presentation this evening, the local
Division of Highways would send to the California Highway Commission all their
studies,.recommendations and transcripts of the two public hearings held prior to
this date and any public documents submitted by public agencies or private individuals
upon which the Highway Commission could study and make their recommendations or they
could reject the entire proposal.
The City Council discussed with Mr. Wofford various proposals for improvement to
Route 101 over the Cuesta.
Mayor Whelchel. stated he could not see any.reason -to adopt the proposed route study
at this,time as he feels there are greater highway.needs in-this County.
For example, he feels there is a greater need for a route improvement on 227 from
San Luis Obispo to Arroyo Grande and Route 1 from San Luis Obispo to Marsh Street.
He urged that the State hold these studies up for at least ten years except for the
possibility of installing a third lane on the north bound highway of the Cuesta for
the use of slow .moving trucks. .
Councilman Blake stated he did not feel that these studies should be.held over for
ten years as he felt that the Division of Highways must try to keep up with traffic
needs and technology of the future.
Councilman.Gallagher agreed.with Councilman Blake that studies must be continued.so
that future traffic needs may be taken care of as they are required.
Councilman Miller stated he was-opposed to the studies being conducted at the present
time but felt that regardless of what,action was taken,,the Division of Highways
would continue to study as.they saw fit.
City Council Minutes
May 200 1968
Page 8
On motion of Councilman Miller, seconded by Councilman. Spring, that the City Council
of San Luis Obispo "go on record opposing the recommended "realignment of Highway i,
Alternate E, Alternate E Revised and Alternate F as presented by the District 5
Engineers. The City Council favors further exploration in the utilization of the
tunnel plan and the utilization of the existing 101 alignment through the Cuesta
Canyon.
Motion carried on the following roll call vote: 1
AYES: Donald Q. Miller, Arthur F. Spring, Clell W. Whelchel
NOES: Emmons Blake, Frank Gallagher
ABSENT: None
On motion of Councilman Miller, seconded by Councilman Spring, the following
resolution was introduced. Resolution No. 1819, a resolution requesting the
Division of Highways to add Route 227 between San Luis Obispo and Arroyo Grande
to the California Freeway and Expressway System.
passed and adopted on the following roll call vote:
AYES: Donald Q. Miller, Arthur F. Spring, Clell W. Whelchel
NOES: Emmons Blake, Frank Gallagher
ABSENT: None
20. On motion of Councilman Miller, seconded by Councilman Blake,-the following
salary step increases were approved. Motion carried.
KELLERMAN, John L., Chief Building Inspector, from Step 2 at $710 to Step 3 '
at $750 per month, effective June 1, 1968.
SHERMAN, Reed Edward, Administrative Aid, from Step 4 at $521 to Step 5 at
$550 per month, effective June 1, 1968.
21. Communication from the Downtown Association requesting that the City Council
authorize a conference with representatives of Stone and Youngberg, Financial
Consultants regarding the removal of parking meters in the downtown area.
The Downtown Association stated they felt that for the downtown to be competitive,
it is necessary that a careful study be made on the removal of the parking meters.
The Association would like to meet with the City Council, Administrator, and
affected merchants to discuss this proposal.
B'. Idler, Chairman of the Downtown Association, stated that his group would like
to start out on the right approach to get these meters off the street but also
wanted to study all alternatives for payment of outstanding bonds and interest.
R. D. Miller, Administrative Officer, read a letter from Stone and Youngberg
regarding this matter dated May 28, 1964.
On motion of Councilman Gallagher, seconded by Councilman Miller, the Administrative
Officer was authorized to contact Stone and Youngberg regarding the request of the 1
Downtown Association asking if the basic points contained in the 1964 letter were
still valid. Motion carried.
22. H. Johnson, City Attorney, presented for the Councils consideration a proposal
from F. Muzio regarding an easement behind his property in the Mission Plaza block
as follows: In the course of a telephone conversation with Mr. Muzio, he requested
that any agreement providing for an easement for walkway purposes also be conditioned
upon realignment of Monterey Street. When requested to clarify his position, Mr.
Muzio stated that he was willing to grant the walkway easement "requested by the City,
City Council Minutes
May 20, 1968
Page 9
but would . not sign any easement agreement unless it stated that the easement ,
would not be effective if Monterey Street was not realigned. Mr..Johnson told
Mr. Muzio he would have to take the proposal to the City Council.
On motion of Councilman Gallagher, seconded by Councilman Spring, the proposal was
accepted. Motion carried. Councilman Blake and Miller voting no.
' 23. Communication from the City of Irwindale regarding Assembly Bills 2017 through
2023 was referred to the City Attorney for study.
24. On motion of Councilman Gallagher, seconded by Councilman Miller, the meeting
adjourned to 11:30 A.M. Tuesday, May 21, 1968. Motion carried.
APPROVED: June 3, 1968
. FI zPATRICK
CITY CLERK
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
May 21, 1968 - 11:30 A.M.
CITY HALL
' Roll Call
Present: Emmons Blake, Frank Gallagher, Arthur -F. Spring,
Donald Q. Miller, Clell W. Whelchel
City Staff
..Present:- J. H. Fitzpatrick, City Clerk; R.• D. Miller, Administrative
Officer.
1. H. Johnson, City Attorney, brought to the Council's attention that an easement
over a small parcel of land, acquired from the Olgiatti for the old water tank site
was surplus to the needs of the City and should be re- deeded to the original property
owner. This was caused by different configurations of the new tank. The agreement
previously approved by the City Council with the Olgiatti's required relinquishment
of such excess property.
On motion of Councilman Gallagher, seconded by Councilman Miller, the following
ordinance was introduced. Ordinance No. 419, an ordinance quitclaiming a portion
of property to Olgiatti.
Introduced and passed to print on the following roll call vote:
AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring,
Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
2. R. D. Miller, Administrative Officer, presented the City Council a tabulation
of expenditures to be made from the equipment replacement fund for replacement of
various motor vehicles and contractural equipment in the 1968 -69 budget.