HomeMy WebLinkAbout12/18/1967MINUTES
REGULAR MEETING OF THE CITY COUNCIL
December 18, 1967 - 7:00 P.M.
CITY HALL
Invocation by the Reverend Otto Houser.
Roll Call
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, Parks and Recreation Director; H. Johnson, City
Attorney; R. D. Miller, Administrative Officer; D. F. Romero,
City Engineer; E. L. Rodgers, Police Chief.
On motion of Councilman Blake, seconded by .Councilman Miller, the minutes of the
meeting of December 4, 1967 were approved. Motion carried.
On motion of Councilman Miller, seconded by Councilman Gallagher, claims against
the City for the month of December were approved and ordered paid subject to.the
approval of the Administrative Officer. Motion carried.
X. Bob Neal presented the City Council with the.December 7, 1967 through July 1,
1969 General Liability Policy and offered the City Council an amendment to the
insurance policy to cover automobile liability on a non -audit basis from July 1968
to December 1968. The additional premium for this coverage would be $1,287.00.
It was Mr. Neal's opinion that this would be a saving to the City as the automobile
rates are going up consistently and since the City is subject to audit on the
automobile coverage, it could save 5 to 10% in a six month period.
' The matter was reffered to the staff for investigation and recommendation.
1. On motion of Councilman Miller, seconded by Councilman Blake, that the City
eliminate enforcement of .the parking meters for the 21, 22 and 23 of December 1967
but that time limits be enforced as listed on the signs or curb. Motion carried.
Councilman Spring voting no. He felt there should be no time limit.
2. Communication from the Planning Commission forwarding a recommendation to the
City Council on the request of Dr. G. Wilson for permission to construct a fixed
sun deck and floating dock within the City owned Laguna Lake property.
The Planning Commission stated that they held a public hearing after notifying all
owners with property facing Laguna Lake for their opinion as to construction of
docks in the Laguna Lake.
After this hearing the Planning Commission recommends that the City Council permit
Dr. Wilson to construct a boat dock in accordance with a sketch presented except
that the overall length of the sun deck shall not exceed 12 feet.
It was also their recommendation that this approval be subject to a covenant
whereby the dock would be removed upon request of the City at any time it is
' determined a hazard to users of the lake.
The Parks and Recreation Commission made the following recommendations as to dock
improvements at Laguna Lake.
(1) No dock structure to protrude over 40 feet from the resident's property
line.
(2) No future dock structures shall be allowed within 300 feet of the lake
outlet passing under Madonna Road.
(3) All docking structures shall be located so adjacent property owners are
not prohibited from building within the limitations listed.
City Council Minutes
December 18, 1967
Page 2
(4) That the Planning Commission study the aspect of permit fees, maintenance
of docks and landing structures.
Communication from Robert Stevens, 1314 Oceanaire Drive, protesting the encroach-
ment of a 37 foot dock and pier into Laguna Lake as proposed by Dr. Wilson.
The City Council discussed the dock proposed by Dr. Wilson at the rear of his
property at 1364 Oceanaire Drive.
Mrs. Raye objected to the dock construction proposed by Dr. Wilson as she felt
that in order to protect the small lake, no one should.be - allowed to build over
City property -to get to their dock. She stated that if all property owners construct-
ed long docks out into the lake the lake would soon be unuseable.
Myron Graham, yachtsman, objected to the sun deck and long dock as proposed by Dr.
Wilson as he felt it would interfere with the use of the lake by residents of the
City in addition to the residents and.property owners at the lake.
On motion of Councilman Miller, seconded by Councilman Blake, that the request of
Dr. Wilson be denied for encroachment over City property and referred to the City
Planning Commission and -Parks and Recreation Commission for recommendation of an
ordinance for control of structures and docks at Laguna Lake which do not encroach
over public property.
Ray Bunnell, contractor for Dr. Wilson, stated he felt that, due to the topography
of the lake banks at this location this was the only solution, that is, construction
of a dock to serve Dr. Wilson's lot. He felt that special consideration should be
given for this construction:
Dr. Wilson appealed to the City Council for permission to build his proposed sun
deck and dock over City property at Laguna Lake so that he could realize the full
enjoyment of his property.
He stated further that Ray Skinner, former developer of Laguna Lake, had informed
him that the City had no'-right to control docks behind private property as the
City had no control on the west side of the lake.
The motion to deny construction was passed unanimously.
On motion of Councilman Miller, seconded by Councilman Gallagher, that the City
Attorney and City Engineer determine the ownership of the land to the rear of the
property or subdivisions at Laguna Lake. Motion carried.
3. Communication from the Bank of California requesting acceptance by the City of
the off site improvements in Tract No. 317, Ann Arbor Estates Tract No. 3, except
for the planting of the required street trees which would be planted at the time
the lots were improved.
The Bank offered to file a letter with the City guaranteeing the planting of these
trees at the times the residents are built. -
D. F. Romero, City Engineer, reported to the City Council the work still to be done
in Tract No. 317, and the matter of the acceptance was carried over to the next
meeting.
On motion of Councilman Gallagher, seconded by Councilman Miller, that the City
Engineer notify the Bank of California what work had to be completed and also accept
the letter of acceptance for future planting of street trees. Motion carried.
4A. Public hearing on the report of the Superintendent of Streets on the cost of
sidewalk work done under the provisions of the 1911 Act on the following properties:
1. H. F. MacDonald 1611 Chorro Street $ 138.00
J. P. and H. D. Wilson 2410 Broad Street 415.00
(Woodbridge St. side)
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City Council Minutes
December 18, 1967
Page 3
2. The following property owners have requested the three year option payment
plan:
I. S. and 1. M. Long
D. A. and B. M. Ritchie
R. N. Wright
D. C. and J. P. Chase
N. S. Eddy
2341 Johnson Avenue $ 524.00
2211 Johnson Avenue 640.00
1619 Sydney Street 383.00
1501 Mill Street 317.00
2253 Johnson Avenue 1,035.33
Mayor Whelchel declared the public hearing open.
No one appeared before the City Council.
Mayor Whelchel declared the public hearing closed.
On motion of Councilman Miller, seconded by Councilman Gallagher, the following
resolution was introduced. Resolution No. 1775, a resolution confirming costs
of sidewalks constructed under the 1911 Act.
Passed and adopted on the following roll call vote:
AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring,
Donald Q. Miller, C1ell W. Whelchel
'NOES: None
ABSENT: None
4B. Public hearing on the report of the Superintendent of Streets on the cost of
sidewalk work done under the provisions of the City Ordinance No. 257.
1. The following property owners have requested the three year payment plan:
C. S. Bowden
A. G. Engh
D. C. and J. P. Chase
E. and A. T. Sathre.
J. A. and H. L. Woodworth
283 - 293 Buchon Street $1,249.00
532 Pacific Street 825.00
(Also Beach St. side)
1708 Mill Street & 630.00
745 Grand Ave. (Mill St. side) . .
1210 - 1220 Beach Street 636.00
1265,Mill Street
(Johnson Avenue side)
Mayor Whelchel declared the public hearing open.
No one appeared before the City Council.
885.00
Mayor Whelchel declared the public hearing.closed.
On motion of Councilman Spring, seconded by Councilman Gallagher, the following
resolution was introduced. Resolution No. 1774, a resolution confirming costs of
sidewalks constructed pursuant to the Municipal Code.
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
City Council Minutes
December 18, 1967
Page 4 ,
5. Councilman Donald Q. Miller brought to the Council's attention the fact that
"Doc" Freeman is willing to deed to the City of San Luis Obispo under existing
sidewalk policy the necessary land to widen Orcutt Road on the north side if he
could trade land for the required street improvements at no.cost to him.
-Councilman Miller suggested that the City should contact Mr. Freeman.and discuss
this proposal with him.
Further, Councilman Miller suggested that at the same time the City should open
-negotiations with the Olson Brothers Egg Company for street widening.on Orcutt
Road adjacent to the Freeman property.
On motion of Councilman Gallagher, seconded by Councilman Miller, that the City
open negotiations for the acquisition of the Freeman property and Olson Brothers
property with the cost of improvements to be placed in the 1968 budget. Motion
carried.
6. At this time the City Council held a public hearing on the appeal of Dan B.
Stack on behalf of the property owners, Diel, Keller, Gelinas, Wong and Barrett of
a denial by the Planning Commission of their requested rezoning from R -1 to R -O -S
of property located on Johnson Avenue by the Hospital parking lot and Sydney Street.
Communication from William S. Howell, 2475 Johnson Avenue, protesting the develop -.
ment of the property as requested to R -0 uses as he and his neighbors felt that
this was a fine residential a =ea and it should be developed into single family
residences. He urged the City Council to deny the appeal.
R. D. Young, Planning Director, presented to the City Council the recommendation
of the Planning Commission in denying the requested rezoning-to R -O -S.
The Planning Commission felt that the adjacent properties are developed with good
single family residences and further the General Plan indicates that this portion
of Johnson Avenue should be developed with low- medium density uses.
Further, it was felt that R -0 uses would be difficult to contain within the area
proposed.
Mayor Whelchel declared the public hearing open.
Dan B. Stack, Realtor, requested that the City Council continue this matter for
two weeks so that his attorney Mr. John Seitz could prepare himself on this
proposal.
A. L. Morrow; 1685 Sydney Street, urged that the City Council support the action
of the Planning Commission as he felt the proposed rezoning to R -0 was spot zoning
-and felt that it would be detrimental to all adjoining residential property. He
felt that the City Council should protect the Master Plan which calls for low
-density development in this area.
G. L. Simms, 1625 Sydney Street, urged the City Council to deny this appeal as he
relied on the City's Master Plan when he developed his-home and felt that the City
should protect the single family property owner.
Peter Giles, Cecelia Court, objected to this commercial development in a well
developed, growing, residential area.
W. S. Howell, Johnson Avenue, asked that the City Council protect this fine single
family residential area that is developing with high grade buildings•as opposed to
commercial zoning.
Mrs. Phyllis Simms objected to commercial development in this nice residential
area and asked the City Council to protect their residential investments.
Mayor Whelchel declared the public hearing closed.
Dan B. Stack again asked that this matter be continued so that his attorney may
present alternatives that may be acceptable to the City and to the adjoining
property owners.
City Council Minutes
December 18, 1967
Page 5
He is also asking his attorney to look into the legality of the City denying this
rezoning.
The City Council discussed the request of Mr. Stack and also discussed the
recommendation and report of the Planning Commission. They felt enough information
had been presented especially with the appearance of the residents in the area and
the City Council was in a position to make a just decision.
On motion of Councilman Gallagher, seconded by Councilman Spring, that the.appeal be
denied and that the recommendation of the Planning Commission be upheld. Motion
carried.
7. Public hearing on the recommendation of the Planning Commission to rezone a
portion of Block 2, Hathway Addition on the west side of Johnson Avenue between
Phillips and Peach Street from R -3 to R -0.
R. D. Young, Planning Director, reported to the City Council that the Commission
at their public hearing recommended approval of this rezoning on the basis that the
General Plan proposes high density residential office uses in this area and that
the requested rezoning is in accordance-with the Plan's recommendation.
Mayor Whelchel declared the public hearing open.
No one appeared before the City Council.,
Mayor Whelchel declared the public hearing closed.
On motion of Councilman Gallagher, seconded by Councilman Miller, the following
ordinance was introduced. Ordinance No. 401, an ordinance rezoning property located
on the west side of Johnson Avenue between Phillips and Peach Streets from R -3 to
' R -0 District.
Introduced and passed to print on the following roll call vote:
AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring,
Donald 0. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
8. The City Council held a public hearing on the recommendation of the Planning
Commission to rezone a portion of Block 3 and Block 8 of the Arlington Addition
the north side of Taft Street between Kentucky and Motley Streets and the northeast
corner of Taft and Kentucky Streets from R -4 to R -C and R =H.
R. D. Young, Planning Director, presented the recommendations of the Planning
Commission recommending that this property be rezoned as requested.
Mayor Whelchel declared the public hearing open.
No one appeared before the City Council.
Mayor Whelchel declared the public hearing closed.
On motion of Councilman Miller, seconded by Councilman Spring, the following -
ordinance was introduced. Ordinance No. 399, an ordinance rezoning a portion of
Block 3 and Block 8 of the Arlington Addition, north side of Taft Street between
Kentucky and Motley Streets and the northeast corner of Taft and Kentucky Streets
from R -4 to R -C and R =H District.
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
City Council Minutes
December 18, 1967
Page 6
NOES: None
ABSENT: None
9. Public hearing on the recommendation of the Planning Commission to rezone from
R -3 to C -N the east side of Broad Street between Foothill Boulevard and Meinecke
Street and adjacent to the Dairy Queen Drive In.
R. D. Young, Planning Director, presented the Planning Commission's recommendation
for the.approval of this rezoning, stating that this request is for a logical
expansion of an existing C -N District under the same ownership, and its.approval
would be consistent with the established zone pattern and would not be detrimental
to adjacent properties or the surrounding neighborhood.
Bob Barrios, Broad Street, did not object to this property being used for parking
but objected in general to the expansion of commercial uses into residential areas.
Mayor Whelchel declared the public hearing closed.
On motion of Councilman Spring, seconded by Councilman Gallagher, the following
ordinance was introduced. Ordinance No. 4.00, 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.
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
It was the Council's opinion that Ordinance No. 400 not be brought to the Council's
attention for final passage until negotiations have been completed for street
widening on Foothill Boulevard.
9:10 P.M. the Mayor called a recess. 9:20 P.M. the meeting reconvened with all
Councilmen present.
10. Communication from Peter Kardel granting the City license to construct a
drainage structure over Mrs. Fitzgerald's property at Hayes and McCollum Streets
was ordered received and filed.
11. Notice from the State Department of Parks and Recreation of public hearings to
be held for the establishment of laws and regulations.for the disbursement.of.
Federal funds to State Agencies and local jurisdictions under the provisions of the
Federal Land and Water Conservation Act of 1965.
on motion of Councilman Gallagher, seconded by Councilman Spring, William Flory,
Director of Parks and Recreation, was requested to attend the January 4, 1968
meeting in Los Angeles on this subject. Motion carried.
12. Communication from D. F. Romero, City Engineer, regarding the Council's desire
of requiring the Southern Pacific Railroad Company to install curb and gutter along
the frontage of railroad tracks adjacent to San Luis Drive.
D. F. Romero, City Engineer, stated that if the City Council wished to proceed with
this installation during the coming summer, action to force the railroad to start
these improvements should be taken at this time.
On motion of Councilman Blake, seconded by Councilman Miller, the following
resolution was introduced. Resolution No. 1776, a resolution finding that public
convenience and necessity require Southern Pacific Railroad to install curb and
gutter along the frontage of railroad tracks adjacent to San Luis Drive.
City Council Minutes
December 18, 1967
Page 7
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
13. Communication from D. F. Romero, City Engineer, notifying the City Council that
the sidewalk construction account is almost depleted and if the City Council wishes
to proceed with this program additional funds should be budgeted by the City Council.
R. D. Miller, Administrative Officer, explained the status of funds in this account
for the Council's information stating he felt the program could continue at its
present rate. When he felt additional funds were needed he would-so inform the City
Council and the P.I. and B. budget could be increased.
14. Communication from the City Engineer forwarding for the Council's consideration
an addenda to the specifications for Water Line Improvements to be constructed in
Foothill Boulevard during the next construction-period was continued to the
January 2, 1968 meeting.
15. Recommendation from the City Planning Commission that the property at the
southeast corner of Lincoln and Hill Street be rezoned-from R -1 to PD /R -2 was set
for public hearing on January 2, 1968.
16. Recommendation from-the Planning Commission that the City Council rezone from
PD /R -0 to R -O -S the west side of Chorro Street adjacent to the Freeway was set for
public hearing on January 2, 1968.
17. Progress report on the Mission Plaza Project was continued.
18. Communication from the City Attorney relative to a request from R. C. Skinner
to release funds for Tract No. 322 and communication from the City Engineer regarding
the request of R. C. Skinner for acceptance by the City of the improvements in Tract
No. 322 were ordered received and filed.
19. Communication from Sierra Club forwarding a resolution requesting a one
year delay in acceptance of the State Division of Highways plan for a proposed new
Cuesta Highway was ordered received and filed on motion of Councilman Blake,
seconded by Councilman Gallagher. Motion carried.
20. Mayor Whelchel reported to the City Council on actions at the Whale Rock
Commission meeting of December 12; 1967 stating that the Whale Rock Commission
had authorized Kenneth Anderson to continue with his Phase II report under the
general guidelines proposed by the City Council after discussion with the Sportsmen's
Association and subject to the protection of water purity and further that the
facilities be self supporting.
The Mayor also recommended that the City Council approve the payment on the Phase I
portion of the study.
On motion of Councilman Gallagher, seconded by Councilman Blake, that Anderson be
paid for Phase I portion of the study. Motion carried. Councilman Miller voting
no.
On motion of Councilman Gallagher, seconded by Councilman Spring, that Anderson be
authorized to proceed with Phase II of the feasibility report subject to the
guidelines established by the City Council and Whale Rock Commission. Motion
carried.
City Council Minutes
December 18, 1967
Page 8
21. Communication from the State Department of Public Health notifying the City
Council that San Luis Obispo County had again be declared a rabies area for the
calendar year 1968 was ordered received and filed.
22. On motion of Councilman Gallagher, seconded by Councilman Miller, the following
ordinance was introduced for final passage. Ordinance No. 396, an ordinance
amending the Municipal Code to add certain special speed zones and modify speed
limits previously established.
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
23. On motion of Councilman Gallagher, seconded by Councilman Spring, the following
ordinance was introduced for final passage. Ordinance No. 397, an ordinance
rezoning property located on the north side of Branch Street between Story and Broad
Streets from R -2 to C -N District.
Finally passed on the following roll call vote:
AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring,
Donald Q. Miller, C1ell W. Whelchel
NOES : None
ABSENT: None
24. On motion of Councilman Blake, seconded by Councilman Spring, the following
ordinance was introduced for final passage. Ordinance No. 398, an ordinance
rezoning property located on portions of Lots 97, 100 and 111 and 112 of the .
San Luis Suburban Tract from A -1, A -H and U to M -AH Land Use District.
Finally passed on the following roll call vote:
AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring,
Donald Q. Miller, C1ell.W. Whelchel
NOES: None
ABSENT: None
25. On motion of Councilman Gallagher, seconded by Councilman Spring, the
following contract payments were approved and ordered paid.
HARMS BROTHERS CONST. CO.
Street Resurfacing and Reconst.
of Local Streets
HARMS BROTHERS CONST. CO.
Street Resurfacing and Reconst.
of Local Streets
Motion carried.
Est. #2 $3,480.50
(100% complete)
Change Order No. 1 64.22
Est. #3.(Final) 3,115.72
(100% complete)
26. On motion of Councilman Gallagher, seconded by Councilman Miller, the following
salary step increases were approved. Motion carried.
CARMACK, Noel Wayne, Police Officer, from Step 3 at $617 to Step 4 at $652
per month, effective January 1, 1968.
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City Council Minutes
December 18, 1967
Page 9
FARRIS, James F., Police Sargenat, from .Step 4 at $690 to Step 5 at $730
per month, effective January 1, 1968.
HARMON, Johnie Lee, Police Officer, from Step 2 at $582 to Step 3 at $617 per
month, effective January 1, 1968.
MUSGRAVE, Duane M., Police Sargeant, from Step 4 at $690 to Step 5 at $730 per
month, effective January 1, 1968.
YATES, Sandra L., Parking Enforcement Officer, from Step, 1 at $405 to Step 2 at
$430 per month, effective January 1, 1968.
YOUNG, Ronald D., Director of Planning and Building, from Step 4 at $990 to
Step 5 at $1,045.00 per month, effective January 1, .1968.
COOKE, Ruth Corinne, Stenographer, from Step 1 at $385 to Step 2 at $405 per
month, effective January 1, 1968. (Half time employee)
27 Administrative Officer, R. D. Miller, announced the following appointments
to City employment.
- -- Davis Taylor and Phillip L. Lawless as Police Officers, effective December 16,
1967 at $550 per month, subject to a one year probationary period.
Norman R. Hammond as Utility Plant Operator I in the Water Department
effective December 18, 1967 at $430 per month, subject to a one year probation-
ary period.
28. Progress report by the City Engineer dated December 14, 1967 on street
widening acquisitions was ordered received and filed.
29. The .City Council adjourned to Executive Session to discuss pending litigation
on property acquisitions.
30. On motion of Councilman Gallagher, seconded by Councilman Miller, the meeting
adjourned. Motion carried.
APPROVED: January 2, 1968 lc
. FITZP TRICK
CITY CLERK
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