Loading...
HomeMy WebLinkAbout11/07/1966Roll Call REGULAR MEETING OF THE CITY COUNCIL November 7, 1966 - 7:00 P.M. CITY HALL Present: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel City Staff Present: B. Walter, Acting Planning Director; J. H. Fitzpatrick, City Clerk; J. Stockton, Assistant Park and Recreation Director; H. Johnson, City Attorney; R. D. Miller, Administrative Officer; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief; D. Englert, Police Captain. On motion of Councilman Blake, seconded by Councilman Spring, the minutes of the meetings of August 31, September 29, October 3, October 11 and October 24, 1966 were approved. Motion carried. On motion of Councilman Gallagher, seconded by Councilman Miller, claims against the City for the month of November 1966 were approved subject to the approval of the Administrative Officer. Motion carried. 1. Mrs. E. Polk requested that her item dealing with access from her property on Chorro Street to Parking lot No. 11 be dropped from the agenda. 2A. The City Council discussed the need of additional limited parking on Meinecke Street and Murray Street north of Broad Street as the students from the Tropicana Development who have been forced to move from Broad Street are now parking on the ' side streets and prohibiting the property owners from using their property. Mr. C. R. Roberts, 76 North Broad Street, appeared before the City Council request- ing that the signs placed on Broad Street prohibiting parking be changed to include two hour parking day and night including Sunday and holidays, and no parking 3:00 to 6:00 A.M. R. D. Miller, Administrative Officer, reported to the City Council that the signs presently on Broad Street are temporary signs and that the regular signs which have been ordered will include the wording similar to that requested by Mr. Roberts. The Traffic Committee was requested to study the matter of additional restricted parking in the vicinity of the Tropicana Student Housing Development. The Traffic Committee was also requested to look into the need for a loading zone on Ramona Street adjacent to the Polin Shopping Center. 2B. At this time the City Council discussed setting the date for the developer of Tropicana Development to meet the ratio of male and female students as provided in the approved precise plan of the Housing Development, Mayor Whelchel suggested that September 1, 1967 be the date when the Baker Brothers must comply with the use permit of the planned development and bring the ratio of male and female students to the original application. On motion of Councilman Gallagher, seconded by Councilman Miller, that the Council grant Baker Brothers until September 1, 1967 to comply with the original use permit requirement stating the ratio of male to female students in the development. Mr. Murphy, Attorney representing the developers of Tropicana, asked that the City Council extend the time limit to September 1, 1968. Mr. Baker, Developer of Tropicana, appeared before the City Council stating that based on past student occupant growth, he felt it would take until September 1, 1968 to comply with the requirement of female students in the Tropicana Village building. Mayor Whelchel stated that Mr. Baker could apply to the Planning Commission and the City Council for an amendment to his planned development regarding the ratio of male to female students. City Council Minutes November 7, 1966 Page 2 Motion carried. Mayor Whelchel asked Mr. Baker when would the bridge be, installed giving two way access to the rear parking lot at the Tropicana Development. Mr. Baker stated that depending upon the weather it would take at least two weeks construction time. I Mr. Romero, City, Engineer, explained that only 227'spaces at the ,Tropicana Develop- ment meet all City standards, this being some 35.'5paces short of the requirements of the original use permit. He expanded on the basis for rejecting some of the spaces provided. Mr. Baker stated he would put in the Ramona Street extension bridge as soon as weather permits allowing two weeks for construction. Mr. Baker continued that he would send a letter to the City Council relative to this agreement of installing a bridge on Ramona Street. On motion of Councilman Blake, seconded by Councilman Spring, that the matter of compliance of the one way bridge and the twelve parking spaces at the Islander be referred to the Planning Commission to see if they comply with City requirements. Motion carried. Mr. Baker stated that the bridge and parking spaces at the Islander were on the plan presented and he assumed that when the plan was approved that this bridge would be adequate and that the parking spaces met City requirements. Mr. Baker was referred to the Planning Commission where this matter would be studied as requested by the City Council. 3. Communication from the Planning Commission recommending that the City Council ' update the Industrial Economic Survey as this is an extremely valuable document for the City and for persons wishing information regarding the community. The Planning Commission also recommended that the comments of Mr. Wallace, the City's Economic Development Director, be included in this recommendation. Communication from Mr. Fran Wallace recommending that the City Council proceed with the updating of the Economic and Industrial Survey prepared by Larry Wise but he recommended that instead of one report that consideration of this report be divided into three sections, one for public use, one a comparison section for staff use and one portion to be a separate report to be used by persons or companies actually developing in the Community. On motion of Councilman Gallagher, seconded by Councilman Blake, that the City notify Mr. Larry Wise that they are interested in updating the first phase of this report but asked for his proposal based on the suggestion of Mr. Wallace. Motion carried. 4. Communication from the Chamber of Commerce requesting permission to conduct a parade at 4:00 P.M. on Tuesday, December 13, 1966 with live alaskan reindeer was approved on motion of Councilman Gallagher, seconded by Councilman Spring. Motion carried. 5. Mr. Johnson, City Attorney, presented for the Council's consideration an ' easement encroachment agreement between the City of San Luis Obispo and the San Luis Garbage Company which would allow the Garbage Company to build a building over the City sewer easement. A1r. Johnson explained the conditions of the agreement which protected the City and the Garbage Company. On motion of Councilman Gallagher, seconded by Councilman Spring, the Mayor was authorized to sign.the.agreement on behalf of the!City'. Motion carried. Councilman Miller voting no. 6. Communication from the Planning Commission recommending that the City Council x grant an exception' to the sidewalk requirements ai'422 Lemon Street on the property owned by-Joe P. Middleton. City Council Minutes November 7, 1966 Page 3 ­TM Planning Commission stated that they could see no reason for the sidewalk at" this time but that the exception would be granted on the provision that a covenant be signed by the property owner;to install sidewalks at such time as the City may require. Mr. Walter, Acting Planning Director, explained to the City Council the consider- ations given to this request. On motion of Councilman Miller, seconded by Councilman Gallagher, the requested exception was denied. Motion carried. Mayor Whelchel voting no; 9. Communication from the City Clerk regarding a poll of the property owners regarding the removal of the street light recently installed in:the alley between Mission and Almond Streets. The City Clerk reported that four property owners wished -the light to stay as 1:6. two asked to have it removed ... agd one -had no- ,preference,.'and one property owner asked if the light were moved could it be put on the pole behind his property. Mr. Romero, City Engineer, was asked to look into the placement of a shade over the street light in order to accommodate the property owner who has complained of the light flooding his bedroom. 11. Mr. Romero, City Engineer, reported as follows on the drainage pipe being installed between the Polin and Baker properties on Ramona Drive: He explained that in his initial letter to Mr. Polin regarding the drainage connection he called for a total length of 6 to 8 feet. Mr. Polin had accomplished -this transition in two feet, creating a completely unacceptable hydraulic character- ' istic which would result in plugging of the facility." Mr. Martin Polin stated that he felt that he had complied with the City Engineer's requirements as to the connection of these two sections of drainage pipe, and now could not understand what was lacking or why the City Engineer was dissatisfied. Mr. Romero, City Engineer, explained the problem by a drawing and explained the hydraulic problems involved.. Mr. Polin stated that to take out the pipe connection he had presently installed would be.very expensive and could not a baffle welded into the pipe section take care of the objection of the City Engineer. On motion of Councilman Miller,.seconded by Councilman Gallagher, that the City Council approve Polin 's pipe connection as installed with the additional install- ation of a baffle at the upper end to eliminate sioppage to be approved by the City Engineer.._ Mr. Romero stated that Mr. Polin was informed by the City Inspector on the job that the pipe connection as installed was not adequate and not approved by the City. Mr.. Polio stated his installation was approved by a Los Angeles Engineer and he was r,. sure this proposal would meet City standards. ' Motion carried. 13. R. D: Miller, Administrative Officer, presented for the Council's consider- ation the conditions for advertising a lease for a service- station site on.Prado Road as followsc Minimum of °$550 per month with the variable being the number of cents per gallon and length of the lease term to•be 15 years. 14" The City Clerk reported on the bids received for the Influent Pump No. 42 City Plan No. 5 -670 Gleim -Crown Pump;-Inc. - $132889.00 Fresno, California On motion of- Councilman Gallagher, seconded by.Councilman Miller, the bid of Gleim -Crown Pump, Inc. was accepted. Lotion carried. City Council Minutes November 7, 1966 Page 4 16. On motion of Councilman Mille r, seconded by Councilman Gallagher, the.foll-ov- ing resolution was introduced. Resolution No. 1619, a resolution regarding combination of surplus property over and under 82,500e 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 17. On motion of Councilman Spring,seconded by Councilman -Xila ri, the follow- ing resol-ttlon was introduced. Resolution No. 1615., a resolution amending ...Resolution No, 1573 (1966 Series ) regarding salary of City Attorney. Passed and adopted on the following roll call vote: AYES Emmons Bl#e, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel NOES ; None ABSENT : None 18. On motion of Councilman Blake, seconded by Councilman Gallagher, the follow - contract payments were approved and ordered paid. A -1 ELECTRIC COMPANY Traffic Signal Installation A -1 ELECTRIC COMPANY Traffic Signal Installation C. S. CONSTRUCTION COMPANY Street Resurfacing Project BURKE COT ?STRUCTION COMPANY Municipal Parking lot # 11 Est # 6 (100% complete) Est. # 7 (Final ) Est. # 1 (20% complete) Est. # 1 (26% complete) WEST COAST CONSTRUCTION COMPANY Est. #5 (100 % complete} Edna Road Sewer Project WEST COAST CONSTRUCTION COMPANY Est. #6 ( Final ) Edna Road Sewer Project Motion carried. $ 302.68 3,029.15 5,468.40 3,157.13 28,152.48 11,796.41 23. Mr. Romero, City Engineer, asked for Council guidance on the agreement between the City of San Luis Obispo and Young Brothers for hookup to the sewer and water on Edna Road. After discussion by the City Council and on motion of Councilman Blake, seconded by Councilman Gallagher, that the Young Brothers Market utility hookup be assessed on the same basis as the Westside Auto Parts hookup. Motion carried. 190 R. D. Miller, Administrative Officer, announced the appointment of John Campbell as Utility Plant Operator I, at the Sewer Plant effective November 9, 1966 at Step..l, $ 405 per month, subject to a probationary period of one dear. 20. On motion of Councilman Spring, seconded by Councilman Miller, the .Mayor was authorized to acdept and record on behalf of the ity the following grant deed and street widening agreement. Grant Deed :and. Agreement • from Union Oil Company of California for street widening on Broad Street. Motion carried. f] 1 f! City Council Minutes November 7, 1966 Page 5 21. Mr. Romero;, City _Epgineer, presented..a progress report dated November 7, 1966 on street widening acquisitions by the. City as follows: FOOTHILL BLVD. BETWEEN BROAD AND CHORRO Ferrini Widening: Turned over to City Attorney 11 -7 -66. ' FOOTHILL BLVD. BETWEEN CHORRO AND SANTA ROSA STREET Polin- Truchan Widening: The Engineering Department staff has made numerous unsuccessful.attempts to contact Burt Polin. He simply refuses to call back and.is, not present when we have been by his place of business.. Mr. Truchan appears receptive to the widening under certain conditions but will not make a decision not concurred in by Mr. Polin; therefore, negotiations are now at.a stalemate. The widening was turned over to the City Attorney 11 -7 -66. Martin Polin Widening: I wrote to Texaco on.oct. 25, 1966 asking the status of my previous request regarding widening at the corner of Santa Rosa and Foothill. I have received no reply to date. NORTH SIDE OF.FOOTHILL BLVD. - BETWEEN CHORRO AND SANTA ROSA ST. (Main Widening) Turned over to City Attorney 11 -7 -664 SANTA ROSA.STREET BETWEEN PALM AND MONTEREY Modifications to Barcellos perch out to bid. Bids to be.received Nov. 10,° 19662 2 :00 P.M: JOHNSON AVE.- BETWEEN UNDERPASS AND.BRECR ST. :. Sodeman Widening:. Turned over to City Attorney 11- 7 -66.. After some discussion by the City Council as to street widening priorities, the City - Council again reiterated that the - following streets would be widened in the 1966/67 fiscal year. 1. South side of Foothill Boulevard, Broad Street to Santa Rosa Street. IA. Monterey Street realignment:and Mission Plaza. 2. Johnson Avenue, Breck Street to the underpass and Lizzie Street to the underpass. 3. Santa Rosa•Street, Palm Street to Monterey Street, west side. 4. Santa Rosa Street, Mill Street to Palm Street, west side. 22. -R. D. Miller, Administrative Officer, announced the appointment of-Ronald 'D: Young as Director of Planning and - Building effective January 10, 1967 at Step 4, $935 per month, with recommendation that he be considered for the top.step in one year. On motion of.Councilman.Gallagher, seconded by Councilman Spring, the - Council approved the fourth step in.the.:.salary , range for R. D. Young. Motion carried. 8. At this time the City Council held a public hearing on the appeal by the Shell Oil Company from a decision -of the Planning Commission denying their request for rezoning from R -4 to C -N that property located at the east corner of'Johnson Avenue and Marsh Street, more commonly known as 1305 and 1319 Marsh Street. Mr. Walter, Acting Planning Director, reported'to the City Council on the public . hearing held by the Planning Commission on this matter and.the considerations .. given prior to denying the requested-rezoning:: Mayor..Whelchel declared the public hearing open. Mr. G. Shipsey, Attorney, appeared before the City Council on behalf of the Shell Oil Company and briefly explained for the Councils information the actions taken City Council Minutes November 7, 1966 Page 6 by the Planning Commissionduring the past hearing on this matter. Mr. Shipsey stated that the plans for the property owned by the Shell Oil Company are to construct a modern'siiper service station on this corner to serve the mobile public of the City. an�Mr. Shi se reviewed for the Council actions taken by the City by prior actio�.of aps, zoning maps, and general plan maps, that since 1957 have shovin this area to be future commerical and further that the Council planning consultant had , recommended to the City Planning Commission that Marsh Street to the Southern Pacific Company tracks be considered- commercial property. Mr..Shipsey further presented information that Johnson Avenue was a major thorough. fare a residential development area including the County Hospital, Library and Heath Department and residential development and felt that in view of this growth that the proposal between Shell Oil Company at this location is a logical development for the property. Mr. Shijsey continued that under the newly adopted Zoning Ordinance of the City the FlannIng Commission has _full control of the development of a service station by use permit. He further felt that the construction of this station would be an asset to the growth of the area and to the City as a whole... Mr. Shipsey then presented the.ne -nes of six property owners in the immediate area of the proposed service station who were in favor of this development. Mr. J. Dan O'Donnell 1363 Marsh Street, spoke in favor of the requested rezoning which he'fe t was in accordance with the general plan for development of the area. Mrs. Laverne Schneider appeared before the City Council objecting to the requested rezoning and asked Mat the City Council protect the residents of this area from ' additional encroachment in the neighborhood by commercial development particularly a service station which she felt was the poorest type of development for the.area. She stated that there are fourteen service stations within four block area of the suggested property and felt that this was enough stations to handle the needs of the neighborhood for many years to come. She stated she appeared before the City Council on behalf of her neighbors who live on Marsh Street, requesting that the City Council deny this rezoning in order to protect the residential nature of the neighborhood. Mr. C. Diel, 1326 Pacific Street, stated that the City Council should take into consideration that the majority of the neighbors to this proposed development object to this rezoning and hoped that the City Council would protect residents of the area. Mr. J. Berkemeyer, stated he was opposed to the construction of a service station on this site at this time as he felt the proposal was premature as the residential buildings in the area were well kept by the property owners who have lived there for many years. Mr. Polin, Attorney representing the North property at 1320 Marsh Street. stated that if oth sides of Marsh Street were rezoned to commercial he would recommend that the property owners.approve the rezoning. But if his clients property were ' not rezoned then he would oppose this proposal. Mrs. Schneider again appeared before the City Council opposed to this rezoning on the grounds that it was premature and that the residential development should be protected by the City Council. Mabel Rotzel, 1310 Aarsh Street, Btv#et, stated she objected to the rezoning as she felt there was no need to rezone this property for a service station as she felt there were enough stations in the immediate area toL Serve this area. Mr. T. Coull, 1306 Higaera Street, stated that he had just moved from this address due to a service station having been built directly behind his home on Monterey City Council Minutes November 7, 1966 Page 7 Street and that this operation was so annoying to him and his family that they had to move because the station operated at all hours of the day and night. He wished to warn the residents near the proposed service station of the annoyances that would be received if this were allowed to be built. He felt there were enough stations in the City at this time, particularly within the four block area of the property being requested for rezoning. G. Shipsey again stated reasons to the City Council for approving this rezoning so that the Shell Oil Company could develop a nice service station on this corner. Mayor Whelchel declared the public hearing closed. Councilman Spring presented to the City Council the history of this property and the number of times it had been proposed for this development and stated he opposed the rezoning at this time as he felt there was no need for a service station in this area. Councilman Gallagher stated he opposed the rezoning as he felt there. was no need for a service station in this nice residential area but felt that he would be in favor of professional office development and construction on Marsh Street, Mayor Whelchel stated that he was also opposed to the rezoning as he felt it was a premature request and would be an annoyance in this type of residential area and he further felt some day the area would develop commercially but that he would look to residential office development favorably and not commercial. On motion of Councilman Spring, seconded by Councilman Gallagher, that the appeal of Shell Oil Company be denied and that the decision of the Planning Commission be upheld. Motion carried. 7. At this time the City Council held a public hearing on the recommendation of the Planning Commission to rezone from R -2 to R -0 property located at 2225, 22312 2241 and 2251 Broad Street. Mr. Walter, Acting Planning Director, briefed for the City Council the action and studies made by the Planning Commission relative to this rezoning. Mayor Whelchel declared the public hearing open. No one appeared before the City Council on this matter. Mayor Whelchel declared the public hearing closed. On motion of Councilman Gallagher, seconded by Councilman Spring, the following ordinance was passed to print. Ordinance No. 357, an ordinance rezoning property on Broad Street from R -2 to R -0. Introduced and passed to print on the following roll call vote: AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald q. 1411ler, Clell W. Whelchel ' NOES: None ABSENT: None 10. Me. Romero, City Engineer, presented to the City Council two proposals for bridging San Luis Creek at Andrews Street (1) with a high bridge and (2) a low level concrete crossing at this point. Dr. Harper appeared before the City Council stating that the children in the area need this bridge to cross San Luis Creek in order to go to school where in winter months they are forced to take the long way by California Boulevard to get to school. Dr. Harper recommended that the high level bridge be installed for greater safety of the children. City Council Minutes November 7, 1966 Page 8 Mr. Hobbs, resident of the area, recommended the high level bridge as he was afraid debris plugging up the low level structure would not allow the children to go to school without getting wet or sliding down the banks. Mr. Loper appeared before the City Council warning them of a potential danger to placing an obstruction in the center of the Creek which would be required by the high level structure as debris could hang up on this pier causing damage to I properties upstream. On motion of Councilman Miller, seconded by Councilman Gallagher, the City Engineer be instructed to prepare plans and specifications for the high level bridge and raise the level of the bridge two feet over Andrews Street level for clearance of debris. On motion of Councilman Gallagher, seconded by Councilman Spring, the following resolution was introduced. Resolution No. 1616, a resolution increasing the 1966/ 67 budget. 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 12. At this time the City Council discussed ways and means to clean up and beautify the Creeks going through the City of San Luis Obispo. Mayor Whelchel suggested that possibly service groups or other groups interested I in City development could get together and clean up the Creek banks before all the debris is washed back into the Creek when the water rises after the rains. Mr. Floyd Abbott, representing the Boy Scouts of America, proposed to the City Council that they make a scout project to clean out the Creek on the weekend of November 19, 1966 and that they would clean on the Creeks in the downtown area that are accessible and all that they asked was that the City furnish the truck or trucks to haul the debris to the dump. Mr. Abbott stated that the Boy Scouts could pick up the debris and carry it to the intersections or crossings and then load the debris into City trucks for the dump. Mr. Dunin, Chairman of the Chamber of Commerce Tourist and Convention Committee, urged that the City do what it could to clean up the creeks in the City to make the City more attractive to the tourists and residents. He felt that the City should organize a clean up spruce up combined to clean up the entire City so that everyone can be proud to live here. On motion of Councilman Gallagher, seconded by Councilman Miller, that the City participate with the Boy Scouts of America on Creek clean up on the weekend of November 19, 1966. Notion carried. On motion of Councilman Miller, seconded by Councilman Gallagher, that the City personnel use the City dump for dumping all debris other than clean fill collected ' in the City. Motion carried. 15. At this time the City Council considered the final passage or Ordinance No. 356, an ordinance adopting the Uniform Heating and Cooling Code by reference. Mr. Loper appeared before the City Council and questioned the need for the adoption of-this ordinance as he felt that by adopting a Code written by someone else that it was only to the benefit of the contractors and not to the individual who wished to do work on his own property which is covered by the Code. Mr. Loper continued that as the Code establishes who may do work under this ordinance, he stated an individual could not procure a permit as he would not be City Council Minutes November 7, 1966 Page 9 a qualified contractor. Therefore, each individual who wished work done on their home would be required to hire a contractor to do the work or he would have to bootleg the work himself without a permit. He stated that on this basis the control the Council desires by passage of an ordinance would be lost as the unqualified person would not-take -out a'permit as he- would"not.be considered qualified. Mr. Loper also stated that the proposed ordinance does not clearly define who can do work under the ordinance and who is qualified, other than -a contractor, to do the work. Mr. B. Walter, Acting Planning Director, explained to the City Council the reasons for.= his.Department' recommending the adoption-of this Code as it is primarily to controls ;new�constructioii'and:majoi remodelings but was -not--intended for a small vent or changing of a wall heater. - = - 'I - Mr:- Walter - added - that - the - reason - for -the permit- was" so -that-a-qualified-inspector-- could review the work when done by an individual not licensed as a contractor. On motion of Councilman G611agher;1sec4inded'by Councilman Blake, the ordinance was introduced for final passage. Finally passed =on the following-roll call vote: AYES: Emmons Blake, Frank Gallagher; Arthui'Fe Spring, Donald Q. Miller, Clell W. Whelchel NOES : None ABSENT: None 24. Communication from Robert H. Newdoll, Cement Contractor,-who was a subcontractor on the Sandercock reconstruction project appealing the request by the City Council to repair the sidewalk at 144 Cypress Street which was ordered repaired by the City Council as the sidewalk is failing. Mr. Newdoll stated that he had hired a soils engineer and that the trouble is not with the concrete sidewalk but that the under soil is saturated with water and this is contributing to the breaking up of the sidewalk. In view of this opinion, Mr. Newdoll asked that the City Council reconsider their decision for him to replace this sidewalk in accordance with the contract guarantee. Mr. Romero, City Engineer, explained to the City Council that he and his staff had investigated this problem and agreed that there was a great amount of saturation under the base for this sidewalk and felt that this contributed to the damage that has been caused. Mr. Romero also stated that in an area on Cypress Street when the concrete was placed for the sidewalk it had too much water in it resulting in cracking of the sidewalk. After discussion by the City Council it was moved by Councilman Miller, seconded by Councilman Spring, that the Council deny the appeal of Mr. Newdoll and further Instruct the City Engineer to notify the contractor to make the necessary repairs to the subject sidewalk. Motion carried. ' On motion of Councilman Blake, seconded by Councilman.Miller, the meeting adjourned to 1:30 P.M. Thursday, November 10, 1966. Motion carried. Approved: November 21, 1966 ,/4. H. FiT2PATRicK CITY CLERK