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HomeMy WebLinkAbout05/19/1969MD UTES REGTJTA.R I- ING OF THE CITY COiI14CIL CITY OF SAW LUIS OBISP03 CALIFORNIA I -lay 19, 1969 - 7:00 0.1.1. City Hall Invocation Pledge Roll Call Present: Ermons Blake, Myron Graham, Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz City Staff Present: R. D. Young, 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; E. Rodgers, Police Chief.; W. H. WoodVrard., Battalion Chief, Fire Department. On motion of Councilman Miller. seconded.by Councilman Blake., claims against the City for the non o tar were approved. and ororer� ed. paid subject to the approval of the Administrative Officer. Motion carried. 2. Communication from the Chamber of Commerce, Downtown Association, and Motel and Hotel Association requesting that the City Council consider allowing these three groups to use a portion of the City owned Murry Adobe on Monterey Street as a County Visitors Information Center for the summer months. ' They proposed. to keep the office or room open seven days per week to hand out information to visitors and tourists shoring points of interest throughout the county for their diversion. R. Leitcher appeared.before the City Council urging that the City Council consider favorably the foregoing request as there was a need in the community for a tourist information center to direct tourists and visitors to the various attractions in the City. He stated that this was to be a temporary program until the City or the County Historical Society decide what they want to do with the Adobe. He urged. that the present committee be expanded to include members of the City Council, Board.of Supervisors and County Development Association in order to develop an appropriate program. Councilman Blake suggested.that a member of the County Historical Society should. e on the committee to look into the program and any changes to the building. R. Leitcher stated that they had no objection to the suggestion of adding a member of the Historical Society to the committee and further they had no plans to make any changes to the building except to use one room. Louisiana Dart representing the Historical Society, stated that they had been m ring plans to use the Murray Adobe and refurnish it as an historical residence in conn - ection with the historical museum. She stated that the plans of the Historical Society called for the development of each room as a separate theme of the era of the adobe. She objected. to the City Council allowing the Chamber of Commerce or any other organization permission to use the adobe as a tourist information center. She continued. that the Historical Society is planning to proceed with the develop- ment of the adobe. She felt the adobe should-be preserved as a house museum as the building is over 100 years of age. R. Neal, President of the Chamber of Commerce, stated. he felt that somewrhere in the Mission Plaza area there should be a tourist information center to let visitors know of the other sites of interest that could be visited. City Council Minutes May 19, 1969 Page 2 Councilman Graham suggested that the Historical Society, Chamber of Commerce and Downtown Association get together and.wrork out an appropriate program for visitors and. ttourists to the City. Councilman Spring stated that he had been for the Chamber's and Dowtowra Association's program until he heard of the Historical Society's plans for use of the Adobe. Councilman Miller stated he felt the Chamber-, Downtown Association and. Historical Society should get together and work out a co- operative agreement for use of the adobe. He further-suggested that the Mayor appoint a committee with representatives of:the Chamber, Downtown Association and Historical Society to work out an appro- priate program, Councilman Spring stated. he was opposed. to the Chamber and Downtown Association using the adobe for a tourist'information center and hoped.'the Chamber could find. another location in the general vicinity. Councilman Blake stated he also felt it was the Council's feeling that the Murrray Adobe was to be developed.for historical purposes. W. Wheeler requested.that the City Council protect the Murray Adobe for historical - purposes and not allow 'public use. R. D. Young, Planning Director, reported to the City Council that a prior Council had. appointed.the City Engineer, Chief Building Inspector and himself to meet with the Historical Society representatives for development of the historical adobe. R. Leitcher stated that he was awrare•that the Historical Society would. someday evelop the Murray Adobe, but felt the building could.be used.this summer for a. tourist center prior to the time the Historical Society started renovating and refurbishing the building. Mayor Schwartz stated.that he felt the Historical Society had first choice on e building for historical purposes, but felt that if the Chamber of Commerce could use the building this summer only, prior to the d.evelop¢ent of the Historical. Society, he could go along irriith the request. On motion of Councilman Spring, seconded by Councilman Blake, that the Historical Society be designated by the City Council as the prime occupant of the Murray Adobe - and that the City would try and find the Chamber of Commerce a new location for t1m tourist information center for San Luis Obispo. Councilman Miller stated he felt the adobe was now owned.by the public for use by the public and not just the Historical Society. He felt that joint use of the building is possible with a little co- operation on both sides. He also asked that the Historical Society's plans for development be presented.to the City Council before ';;I use of the building. Louisiana Dart told the City Council that when the Historical Society opened up the Murray Adobe, the City would be required to furnish a janitor to keep up the building, and a gardener to look 'after the grounds. The motion was carried. Councilman Miller and.Councilman Graham voting no. 3. On motion of Councilman Blake, seconded by Councilman S ring the following ordinance was introduced.for final passage. Ordinance No. 44d., an ordinance amending Article VII, Chapter 4, Underground Utilities Ordinance Ho. 306 - 1965 Series) of the San Luis Obispo Municipal Code. Finally passed on the following roll call vote: AYES: E)mnons Blake, Myron Graham, Arthur Spring, Donald Q. Miller, Kenneth E. Schwartz. NOES: INTONE ABSENT: NONE City Council Minutes May 193 1969 Page 3 4. At this time the City. Council considered the final passage of Ordinance No. G52, D. F. Romero, City Engineer, explained. the implications of the proposed ordinance and the need for its adoption to protect the City from future losses and. law suits and also to protect the citizens living in incomplete subdivisions. Communication from the Engineering and Grading Contractors Association, Santa Maria - San Luis Obispo Chapter, requesting that the City Council no adopt Ordinance 7#452'. as it was their feeling that it would greatly hinder developers and the progress of the City be requiring completion of the off -site improvements in the subdivision before starting the construction of homes. D. Burke, President of the Santa Maria -San Luis Obispo Chapter of EGCA, appeared. before the City Council objecting to the ordinance on behalf of his organizationv on the basis it would restrict subdivision development in the City. He continued that this ordinance was too restrictive, particularly to the smaller developments, in the 5 to 10 house category. He stated he felt that bonding would protect the City. J. Bean, Executive Director of the SLO Building Contractors Association, objected to the City Council adopting this ordinance as he felt that making the off -site improvements complete prior to development of homes was an unfair imposition to developers as most developers like to move in the heavy materials for homes before paving the streets. He continued that many developers install off -site improvements in the subdivision at the same times homes are being built, hoping the subdivision will be complete at the time the buildings are ready for occupancy. C. Laing, representing P.G. &E., stated that his company was opposed to the adoption 'oftth —is ordinance as they felt it was an imposition to the developers in San Luis Obispo. C. Dorsey, Manager, Title Insurance and Trust Company, objected.t o the adoption of t e proposed ordinance as he felt it was too restrictive arid. it would. hinder future development in the City. He urged.the City to allow subdividers;:to begin construc- tion while the subdivision is being completed, but to- withhold occupancy until the off -site improvements are complete. L._Blaser, developer, objected. t to the adoption of the proposed ordinance as he felt it was detrimental to future subdivision development in the City. He stated that the City of San Luis Obispo has the most restrictive subdivision requirements in the area. He felt the adoption of this ordinance would add just one more obstacle in the was of quality building. He continued that the City should allow the construction of building while off -site improvements are being completed.but should. not allow occupancy until the improve - mentsare completely in. A. Volny; building contractor, urged the City Council not to pass this ordinance as he felt it would hinder building and slow development in the City. He further felt that the City needs additional residential developments. D. Fm Romero stated that he could .go along with the suggestion that occupancy be held up until. all off -site improvements are ink but he did.not feel there was any gray this restriction could be enforced because as soon as the buildings are complete, the new owners want to move.in and pressure is put on the City to make an exception and. allow occupancy. After the buildings have been occupied., the subdivider does not hurry about completing the improvements. He stated there are subdivisions in the City which have been under construction for years. The City Council then discussed.the adoption of an ordinance which would.restrict occupancy until certificates of occupancy have been obtained from the Building Department certifying that all improvements in the tract rad.been completed in accordance with the subdivision agreement. City Council Minutes May 19, 1969 Page ! Councilman Blake stated that the Council should keep in mind that the people who o jected.to t e adoption of this ordinance were people who would be affected-by the ordinance or those who had a vested. interest in developers and subdivisions. Mayor Schwartz asked. if the City Council could direct the Building Department•not to allow occupancy until all the off -site improvements were completed. H. Johnson, City Attorney, stated that this could. not be done by administrative process, but if the Council desired, an ordinance could be adopted requiring a certificate of accupancy. Councilman Blake urged the adiption of Ordinance No. 452 as he felt it was needed to protect the City and.private citizens, and ultimately it would.protect the de -: veloper as there would be no question asto who was responsible for the off -site improvements. D. F. Romero explained.to the City Council the difficulties in calling subdivision bonds to complete the tract when the subdeveloper or developer does not comply with the requirements of the subdivision agreement. H. Johnson stated that the bonding companies were reluctant to proceed with work not done under the bond and attempts to call bonds result in many delays in getting the work completed. Councilman Miller suggested. instead of bonds, the subdividers put.up cash sufficient o put in the improvements, then if the improvements were not completed. by the time the houses were ready for occupancy the City could use this money for completion of the tract. J. Bean questioned the inability of the City to collect on bonds when subdivisions were not completed according to subdivision agreements. H. Johnson again explained the problem in getting the.bonding companies to complete subdivisions.. J..'Bean stated. he could recognize the City's problem but he and his associates felt• that the adoption of this ordinance would raise the cost of subdivisions and the cost of housing. L. Blaser stated that under the provisions of Ordinance No.. 452 building permits would not be issued to a developer until all the subdivision improvements are com- pleted in accordance with the subdivision agreement. After recordation of the sub -' division map, building permits would then be issued.. Further, no lots could be sold.until the subdivision map is recorded and improvements accepted by the-City. He felt these requirements would add considerably to the cost of subdivisions and. consequently to the cost of housing. He urged the City Council not to adopt this ordinance. On motion of Mayor Schwartz, seconded by Councilman Miller, that Ordinance No. 452 be ordered.filed. and. instructing the City Attorney, City Engineer,and Planning Director to prepare an ordinance requiring a certificate of occupancy to be issued. certifying that all improvements are completed.nrior to occupancy of buildings in subdivisions. Motion carried. 5. On motion of Councilman Blake, seconded. by Councilman Graham the It4ayor etas authorized. to sign on behalf of the City an agreement with S anley H. Nelson for widening of Santa Rosa Street at Walnut. Motion carried. 6. Communication from the Californ Commission on Aging notifying the City Council that if they do not apply for a multi- purpose center for senior citizens at this time, they could. apply in a subsequent fiscal year, as these programs must be filed. prior to June 1 each year. The letter further stated that there are additional programs available for senior citizens if the City might Irish to consider fature programs. J. Stockton. Park and Recreation Supervisor, suggested they continue with the pre- sent senior citizens program until a full program can be considered., with a staff etc. 1 1 J City Council I-iinutes May 19, 1969 Page 5 On- motion of Councilman Blake, seconded by Counci-Iman.Graham, that citizens program be declined. at this t ime, and the Administrative to notify the Co.irimission on Aging of this action. Motion passed. on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Kenneth E. Schwartz NOES: Donald Q. Hiller ABSENT: None the senior Officer instructed. 7. Memorandum from the Chief Building Inspector notifying the City Council that as of May 14, 1969, Charles Delmartini has not attempted to comply with the Council directive that restoration of 745 Francis Street be accomplished within ninety days from March 17, 1969. The memorandum was ordered. received and filed. 8. Memorand.um.from the Chief Building Inspector forwarding to the City Council an additional cost breakdoim on the restoration of the billboard sign at 1603 i•Ionterey Street. He stated that the sign was being restored irithin the provisions of the City ordinance and further that the restoration of -the sign would not change the amortization date of July 5, 1972. The memorandum was ordered. received and filed. 9. Communication from Thomas Chalmers requesting that the City Council define the word "courV1 as it appears in Section 5200.6 of the Garbage and.Rubbish Disposal -Ordinance. 7. H. FitzT)atrick, City Clerk eaplained.that the problem involves three duplexes located at 1112, 1118 and 11A 14urray Avenue and 190 and 196 Casa Street and that Mr. Chalmers is requesting a reduced garbage rate as he feels that the three duplexes are actually a court with common garbage facilities.. The City of San Luis Obispo presently bills the three duplexes separately for water and sewer and not as an apartment. Further, the buildings were constructed. individually under individual permits. Also, the duplexes are assessed. as three separate buildings by the County Assessor. On motion of Councilman Blake, seconded by Councilman Graham, that Mr. Chalmers be notified that the City feels that.the property is not a court and. is in reality three separate units and is presently billed for sewer and water under this pro- vision.. 10. Communication from Rev. Paul S. Ray, Judson Terrace Homes, notifying the Council that sufficient funds have been received from IIUD and the senior citizens program sponsored by the Baptist Church will not need special consideration by the City Council for building permit fees. On motion of Council-man Hiller,. seconded by Councilman Spring, the communication was ordered.received. and filed. L. D. F. Romero, City Engineer, presented.for the Council's consideration a recom- mendation regarding the upgrading of City design criteria for streets. He explained. the present criteria and urged modification by the Council as many streets which will be constructed. in the future should.meet these requirements. Communication from the EGCA Santa Maria -San Luis Obispo Chapter, asking that the City Council modify Item 1 of the Engineer's request to reilaire only 90' compaction in a plane 24 to 30 inches below finished grade rather than 95 as requested by the City Engineer.. On motion of Councilman Spring, seconded.by Councilman Blake, that the design criteria be amended. as requested.by the City Engineer, with the modification re- quested by the EGCA. Motion carried. City Council Minutes May 19, 1969 Page 6 On motion of Councilman.Spring, seconded. by Councilman Blake, the following reso- lution was introduced.. Resolution IIo. 1954, a resolution regarding street design cirteria. Passed. and adopted. on the following roll call vote: A'C'ES: Emmons Slake, Myron Graham, Arthur F. Spring, Donald Q. MiLerl Kenneth E. Schwartz NOES: None ABSENT: None 12. At this time the City Clerk reported on the bids received for the Street Resurfacing Project, City Plan No. 20 -69, C. S. Construction Co. 415,895.00 Burke Construction Co. 420,012.50 Wesley G. Watkins $21,790.00 Engineer's Estimate 'Z. 74o,00 D. F. Romero, City Engineer, recommended that the tow bid of C. S. Construction Company be accepted.. On motion of Councilman Blake, seconded by Councilman Spring, the low bid of C. S. Construction Company was accepted. Action carried.. 9:15 P.M. Mayor Schwartz declared.a recess. 9:30 P.M. meeting reconvened. with all Councilmen present. 13. Corzmunication fro;n L. Schlobolm, Fire Chief, requesting that E. B. Berliner be appointed as fireman to fill the vacancy of Daryl W. Drake, Fireman, who is retiring July 1, 1969.• He requested that Mr. Berliner be appointed effective June 1, 1,069 to allow training time for the new fireman. R. D. Miller, Administrative Officer, recommended. approval of the request. On motion of Councilman Miller, seconded by Councilman Graham, the request was approved. Motion carried. 14. On motion of Councilman Blake, seconded.by Councilman PMiller the following salary step increases were approved., effective June 1, 19 9. Motion carried... Barba, Raymond P. - Police Officer From Step 4 to 4690 to Step 5 or 4730 Kellerman, John L. - Chief Building Inspector From Step 3 or 4790 to Step 4 or $835 S:•raim, Marvin L. - Maintenance Man II From Step 2 or 4480 to Step 3 or 4508 Sylvia, Donald J. - Fire Captain From Step 3 or 4750 to Step 4 or 4790 Tanore, Leslie E. Sr. - Janitor From Step 2 or 4395 to Step 3 or •`x417 15. On motion of Councilman Spring, second.ed.by Councilman Blake, the following contract payments were approved. and ordered paid. I.lotion carried... City Council Minutes May 19, 1969 Page 7 Burke Construction Co. City Plan 1 -69 Laguna Lake Park Burke Construction Co. City Plan 1 -69 Laguna Lake Park Estimate No. 6 Estimate No. 7 (Final) $3,320.75 $4,527.18 16.: On motion of Councilman Blake, seconded.by Councilman Spring, the recommend- ation of the Planning Commissi one to rezone 3510 BuJ-Lock Lane from M to R -H -S, was set 'for auUlic hearing on June 2, 1969 at 8:00 P.M. 17. On motion of Councilman Miller, seconded by Councilman Spring, the agreement between the City o an uis Obispo and Maino Construction Company for ea.tuension of sewer and water lines along the Pacific Coast Railway right -of -:Tay where it intdrsects i•Tith the Faultless Starch Access Road., was approved. Iriotion carried..' 18. On motion of Councilman Miller, seconded.by Councilman Graham, the following resolution was introduced. Resolution No. 1947, a resolution increasing the 1968 - 69-Budget. Passed. and. adopted on the following roll call vote: AYES: Emmons Bl.4ke, Myron Graham, Arthur F. Spring, Donald Q..Miller, Kenneth E. Schwartz NOES: None ABSENT: None 19. On motion of Councilman Blake seconded by Councilman Spring, the following resolution was introduced. Reso ution No. 1943, a resolution increasing the 1968- 59 Budget. Passed and. adopted. on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Donald. Q. Tliller, Kenneth E. Schwartz I,TOES: NONE ABSENT: NONE 20. On motion of Councilman Miller, seconded by Councilman Blake, a variance was granted to Accent terprises for the entrance to the RancboSan Mis Mobile Home Park at 495 Higuera Street. The variance allows a 45 foot street width instead of the 30 foot iridt'n specified in the ordinance. Motion carried. 21. On motion of Councilman Graham, seconded by Councilman Spring, Councilman Blake was granted permission to leave the state from May 20 throug June 1, 9 9. notion carried. 22. On motion of I3ayor Schwartz, seconded.by Councilman Miller, the following resolution t•Tas introduced.. Resolution No. 1953' a resolution regarding La Fiesta. ' Passed. and adopted on the following roll call.vote: AIT,S: Emmons Blake, Myron Graham, Arthur F. Spring, Donald Q. Miller,, Kenneth E. Schwartz NOES: None ABSENT: None City Council Minutes May 19, 1969 Page 8 23, The City Attorney was instructed.by the City Council to investigate the Senate and Assembly Bills being introduced in the State Legislature and bring to the City's attention those affecting the City for Council action. 24. Communication from Volny Construction, Inc. notifying the City Council that they are planning development of multiple dwellings on Kill and Peach Street and would appreciate knowing the City's intended.use of I•Till Street adjacent to their property. They stated.that if the City were to abandon the street they would like permission to encroach into the setbacks for better use of the property. On motion of Councilman Blake, seconded..by Councilman Graham, Volny Construction wasto be notified.that the City is•taking action to open the street. Motion carried, with Councilman Spring voting no on the basis that he is opposed.to opeing the street until t e Blues baseball season is over. 25. H. Johnson City Attorney, reported to the City Council on the recent tres- passing onto e Rock property for fishing contrary to posted property by the City. He stated. that the fishermen were advised.'by the San Luis'Obispo Sportsmen's Association that during the condemnation of t,lhale Rock property, the condemnation of the Lemonk property contained. a provision that the property was available for fishing under the provisions of the State constitution. H. Johnson stated that the problem was one of interpretation of the words "Public ands L'n the constitution, and whether the Whale Rock property is actually con - sidered public land. or whether it is publicly owned. property bought for a specific purpose. He stated. it was his opinion, based.on discussions with the State Attorney General, that the ?*ml.e Rock property was not public land as defined by Section 25 of the constitution of the State of California. R. D. Miller, Administrative Officer, presented. a report dated -May 19, 1969 from R. H. Mayse Water Supply Officer at the t,Ihale Rock Reservoir, regarding the vari- ous acts of trespassing that took place on May 17, 1969. P. R. Andre, Attorney for the Sportsmen's Association, submitted a letter stating it was his opinion that in the condemnation of the Lemonk property, an absolute right to fish on this property was provided and is protected.by the State consti- tution. Under this interpretation he:•.feels that the people have a right to fish on the '.9hale Rock Property. The City Council then d.iscussed.idth the City Attorney the best approach to this problem in order to protect the purity and potability of the Male Rock Crater supply until an adequate recreation program, if any, is developed. for the reservoir. On motion of Councilman Blake, seconded by Mayor Schwartz that the City Attorney be instructed to proceed with a trespass comp aint against the persons known to have trespassed. onto Zdhale Rock property. Motion carried. with Councilman Miller voting no. 26. D. F. Romero, City Engineer, presented.for the Council's consideration plans and specif— ic' tions for widening Johnson Avenue north of Ella Street (French property) and Foothill Boulevard.north of the Polic shippin center (Nelson property). He explained. the scope of the work to be accomplished and requested. permission to advertize for bids. On motion of Councilman Miller, seconded.by Councilman Blake the plans and specifications were approve and the Engineer was authorized to call for bids. On motion of Councilman Blake seconded.by Councilman Miller, the meeting was adjourned. to May 20, 1969 at 2:00 Noon. J.Ky"FtTfPf ICK, CITY CLERK APPROVED: July 7, 1969