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HomeMy WebLinkAbout06/03/196322. 17. On motion of Councilman Graves, seconded by Councilman Whelchel, the meeting ad- journed to Tuesday, May 28, 1963 at 12:00 Noon at the Motel Inn to start studying the 1963 -64 Budget. • APPROVED this 10th day of June, 1963. �°E 1H. TZPATRICK CITY CLERK : REGULAR MEETING June 3, 1963 - 7:30 PM City Hall Invocation was given by Mayor Clay P. Davidson Roll Call Present: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel City Staff Present: P. Chapman, Director of Planning & Building; J. H. Fitz_ patrick, City Clerk; W. Flory, Director of Parks & Recreation; W. M. Houser, City Attorney; R. D. Miller, Administrative Officer; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief; W. Schofield, Police Chief; E. P. Thompson, Water Superintendent. The minutes of May 20, 1963 were approved on motion of Councilman Miller, seconded by Council- 1 ,voman McNeil. On motion of Councilman Miller, seconded by Councilman Whelchel, claims against the City for the month of June, 1963 were approved and ordered paid, subject to approval of the Administrative Officer. 1. On motion of Councilman Graves, seconded by Councilman Whelchel, the following contract payment was ordered paid: NORTH BAY CONSTRUCTION CO. Sewage Plant Enlargement, Est. #9 $86,592.28 2. D. F. Romero, City Engineer, presented to the City Council the plans and specifications for the Foothill Boulevard street widening between California Boulevard and Stenner Creek. Mr.. Romero also explained to the City Council the progress to date on acquisition of property for the street widening. Mr. Romero explained that each property owner had been contacted and presented with the necessary •papers , but that none had been completed and returned to the City, nor had anyone accepted or refused to grant land for the widening. On motion of Councilman Graves, seconded by Councilman Miller, the Council approved the plans and specifications and authorized advertising for bids subject to the approval of the 1 Division of Highways Councilman Whelchel stated that he believed the Council should delay action on this item until the property.owners have had an opportunity to negotiate with the City for the pro- perty required for widening and further, the City might save money by not antagonizing the property owners. June 3, 1963 C(y, S.% V Mayor Davidson stated that he believed it would cost the City more money if the City waited to complete this project while Cal Poly was in session as the additional traffic on Foothill Boulevard would hinder construction which the contractor would anticipate being paid for. Councilman Miller stated that he believed that during the three (3) week period until the bids were opened, the City should be able to contact and negotiate with each property owner involv4 D. F. Romero, City Engineer explained the traffic control problems that might be involved if the contract extended after opening of Cal Poly in the fall. IMotion carried on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None R. D. Miller, Administrative Officer, suggested that the City Council consider allowing the City thirty (30) days instead of the usual fifteen (15) daps to award the contract to allow the City more time to negotiate for property acquisition. `r On motion of Councilman Miller, seconded by Councilwoman McNeil, that the contract specif} that the City has up to thirty (30) days to award the contract. Motion carried on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 3. J. H. Fitzpatrick, City Clerk, reported that no bids were received for holes for tree planting ' on Chorro Street. Councilman Graves suggested that the matter of tree planting be held up until the preliminary report on the Mission Plaza project is received from the consulting firm of Smith & Williams. On motion of Councilman Graves, seconded by Councilman Miller, that the matter of Chorro Street planting be held over to the first meeting in July for discussion by the City Council. Mayor Davidson suggested that this item should be held over until the Council has received the report from Smith and Williams so that the tree planting can be coordinated with the Mission Plaza proposal. 4. At this time Dr. George Harper , City and County Health Officer, appeared before the City Council bringing to the Council's attention a deficiency in the fluoridation content of the City water supply, stating that for a period in the past in approximately one half of the City the fluoride has fluctuated widely, often dropping into sub- optimum levels which provide poor protection for dental decay for persons in this area. Dr. Harper then presented maps and charts regarding fluoride content at various locations at various times within the City's water, distribution system. Dr. Harper stated that after a conference with the City officials concerned, that the problem ' was the mixing of the fluoridated water from the filtration plant and the unfluoridated supply from Hansen Spring (Cuesta Grade) and stated the corrections would either entail eliminating this supply or fluoridating it. He stated that he realized that fluoridation equipment was ex- pensive, but that for the good of the City water users in preventing dental decay, that it was really very reasonable and urged that the City Council make every attempt to give all residences in San Luis Obispo fluoridated water. 24 E. P. Thompson, Water. Superintendent, stated that the problem as stated by Dr. Harper was the mixing of the-fluoridated supply of the filtration plant and the unfluoridated supply from Hansen Springs and when the two mixed, fluoridation is reduced. He stated that before any additional expensive equipment is purchased by the City for installation at Hansen Springs, the .City Council should decide whether the City should keep. the canyon supply or eliminate it entirely. He recommended that before this decision is made, a title search should be made of the property ownership and of water rights in the canyon so the City can be assured of water rights in this area. Dr. Brown,. DDS, stated that studies have been made which prove that proper application of fluoride to water systems will reduce decay in both children and adults' teeth. On motion of Councilman Graves, seconded by Mayor Davidson, E. P. Thompson, Water Superintendent, was instructed to proceed with studies and make recommendations to the City Council for proper distribution of fluoride in the City's water system and report to the City Council at the June 10, 1963 meeting to include cost estimate to accomplish this program. 5. At this time the City Council held a public hearing oh the recommendation of the Traffic Committee to prohibit parking on the -south side of Foothill Boulevard between Santa Rosa and Chorro Streets to enable the City Engineer's Department to properly mark the street with traffic lanes for two (2) lanes of traffic each way. Mr. Idler , property owner, objected to the proposed prohibited parking in front of his residence as it would definitely be a hardship to him and his family and further, he doesnot believe the traffic on Foothill is of such a magnitude at this time as to require additional traffic lanes as he stated that the only delay on Foothill at this time is the delay in Santa Rosa Street signals for persons going east on Foothill Boulevard. D. F. Romero, City Engine,--r. explained the reasons for recommending the placement of a rea zone on tatscuth side of Foothill as follows: Mr. Romero explained that the large number of turning movements into the College Square 1 Shopping Center often obstructed traffic flows in both directions on Foothill Boulevard. Placement of a red zone on each side of Foothill Boulevard would permit the Public Works Department to stripe.the street for four (4)'different traffic lanes, thus. allowing one lane for turning movements, and one lane for through traffic in each direction. On motion of Councilman Graves, seconded by Councilman Miller that. parking be prohibited on the north side of Foothill and no red zone on the south side of Foothill Boulevard and that the Traffic Committee look into this matter in about two (2) months. Motion carried. Mr. Zanchuck appeared before the City Council questioning the reasoning for: prohibiting parking on the south side of Foothill between Santa Rosa and Chorro Streets as he did not believe this was necessary at this time. 5B. Mrs .- Lloyd Bertram appeared before the City Council and objected to the fact that the City does not have adequate public transportation, either bus or cab service, and further that the taxi cabs presently operating in the City are unsafe and improperly maintained and believed that something should be done to provide adequate transportation for the City. Councilman Graves asked if the City had any control over equipment owned by .a taxi cab company. W. M. Houser, City Attorney, answered that the City has control over the equipment through the Municipal Code and also through the State Vehicle Code which required vehicles to be operated in a safe manner. Mayor Davidsonthanked Mrs. Bertram for bringing this matter to the Council's attention and that the City will look into the safety of the taxi cabs and further, that if she was inter- ested in a bus system, she would have to get a lot of public support for this to be considered. tune 3, 1963 l' 6. At this time the City Council held a public hearing on the appeal of Walter Roselip from a decision of the Planning Commission in denying his request for rezoning continued from the May 20, 1963 meeting. J. H. Fitzpatrick, City Clerk, read the report of the City Planning Commission in Resolution No. 55 -63 of said Commission, finding that the public interest and gene ral welfare are best served by denial of the request to change the land use as requested by Walter and Vivian Roselip. ' Mr. Fitzpatrick then read a letter dated May 17, 1963 from Walter Roselip forwarding infor- mation on behalf of his appeal. Mr. Grundell, attorney representing the property owner Walter Roselip, listed for the City Council properties adjacent to the Roselip property which are zoned "R -3" and "R -4" and could be used for multiple dwellings. He stated that he did not believe the public interest would be harmed by the rezoning of this property as it would allow the property owner to sell his property and a new owner to purchase the property with the right of immediate use as shown in the City's general plan. _= Mr. Grundell stated further that he did not believe the Planning Commission had all the facts when they made their decision in denying the Roselip request and further, under the zoning _ laws of the City, the Planning Commission could still control the development of the multiple dwelling and others in the "R -3" zone through the use permit procedure. r D. F. Romero, acting Planning Director at the time this issue was before the Planning Commission, reported on the Commission's action as follows: Mr. Romero explained that the Commission was in receipt of all the facts and had denied the rezoning primarily on the basis that there is now a surplus of multiple zoning within the City, and that the Commission was reluctant to rezone additional property for multiple use without some definite assurance that the property would be used within the near future. ' He pointed out that the General Plan called for this property to be rezoned for multiple use at some future date, but in the opinion of the Planning Commission a rezoning simply to create additional multiple zoning was not warranted at this time. Mayor Davidson stated that at the present time the Planning Commission, through the 701 Grant, was preparing additional studies for zoning changes throughout the City and that possibly this rezoning request could be held over until these studies had been completed and hoped that the Planning Commission, through these studies, would upgrade some zones so as to give the City a more balanced community. Councilman Graves stated he would be willing to consider a planned development rezoning for this property with a specific development to be placed on this parcel with a time limit placed on the zoning for the development to take place or it would be zoned back to its original zoning On motion of Councilman Miller, seconded by Councilwoman McNeil, that the City Council meet with the Planning Commission to discuss what their reasons were for denying the Roseli[ rezoning. Mr. Grundell again objected to the denial of this rezoning as the City's general plan calls for high density zoning in this area and also that the Council should not place themselves above ' the property owner on how he will develop his property or how he will spend his money on his development. Councilman Miller objected to constant delaying by the Planning Commission and the City Council in granting rezoning to property owners by using the excuse that the City is making one study after another for general land uses or zoning developments. Further, he did not believe that the Planning Commission has the right to decide if a rezoning would help the property owner financially, but only whether the property should be rezoned on its own merit. Further, the constant excuse for denying multiple rezoning requests on the basis that there is too much "R -3" or multiple zoning in the City is not right as this is the Planning Commission'; fault as they should have the courage to upgrade or downgrade the multiple so as to put zoning in the City in proper balance and further, that he recommended that the City Council and Planning Commission should sit down together and go into the matter of zoning and rezoning and try to arrive at zoning that would best develop the City. 6 Councilman Graves agreed that the City Council and Planning Commission should get to- gether and discuss general.zoning policies and further, recommended that a time limit be placed for development of properties after rezoning. On motion of Councilman Graves, seconded by Councilwoman McNeil, that the appeal of Walter Roselip be held over until after a meeting of the City Council and Planning Com- mission. Motion carried. Mayor Davidson declared the public hearing closed. Joint meeting of City Council and Planning Commission to be held on June 17, 1963. X. At this time the City Attorney, W. M. Houser, presented for City Council consideration a copy of an agreement between Peter J. Zuiderweg and the City of San Luis Obispo for street widening on Broad Street. The agreement was to be considered at this time as Mr . Zuiderweg wishes immediate occupancy of his building. Mr.. Houser explained that the City would allow occupancy under the following conditions: When the City of San Luis Obispo required the 10 foot frontage strip and upon 120 days of written request, Mr. Zuiderweg will convey said property to the City. The City will then pay Mr. Zuiderweg, his assigns or heirs, the fair market value of the land required, less the actual cost of construction of sidewalk, curb and gutter. On motion of Councilman Miller, seconded by Councilman Graves, that the City accept the agreement and authorize Mayor Davidson' to sign the agreement on behalf of the City and to record. Motion carried on the following roll call vote: AYES: Miss Margaret McNeil, R: L: Graves, Jr., Donald Q. Miller NOES: Clay P. Davidson, Clell W. Whelchel ABSENT: None The City Council discussed the provisions of the agreement as presented by Mr. Grundell on behalf of Mr. Zuiderweg for street widening on Broad Street. Mr.. Houser then presented for the Council the various policies and conditions the City has operated under for street widening. Councilman Whelchel stated that the Council should not adopt this agreement as it.differs from the policy recently adopted by the Council and stated that if this agreement is accepted, the new policy is null and void. Mayor Davidson suggested that the City Council require this property owner to comply with the new street widening policy recently passed as it was unfair to allow this property owner special consideration on street.widening procedure. W. M. Houser, City Attorney, stated that the City Council was in.no position to stop occupancy of this building at this time as the property owner involved had a legal building permit issued by the City and was therefore allowed occupancy if the building complies with the necessary codes. Mayor Davidsonasked the staff that in the future they are to inform all property owners apply- ing for various permits of any contemplated change in the City's policies pending before the City Council. Y. At this time Mayor Davidson: stated that under the provisions of the City Charter the City Council should elect a member of the City Council as Vice -Mayor to act for the Mayor in his absence. Councilman Graves nominated Councilman Miller to be appointed Vice -Mayor due to his service and experience as a member of the City Council. Councilman Whelchel seconded the nomination and the City Council unanimously elected Councilman Miller as Vice - Mayor. 7. At this time the City Council held a public hearing on the recommendation of the Planning Commission for the establishment of a building setback line on Broad Street from Mutsuhito Street to Rockview Place. D. F. Romero, City Engineer, presented for the Council's information a map showing the pro- posed setback line on Broad Street and explained to the Council through the use of a strip map the limits of the widening on both sides of Broad Street. une 3, 1963 24 Mr. Romero reported that one half (1/2) of the frontage involved in this widening lies outside the City and would be -the responsibility of.the County Board of Supervisors, to establish set - back:lines on-the County property: Mayor Davidson suggested that the Orcutt Road - Broad Street intersection be improved at the time of widening to accomodate large trucks turning at .this intersection. . Mr. Romero explained the design of this intersection which would protect and improve truck turning movements at this intersection. On motion of Councilman Miller, seconded by Councilman Graves, the following: Ordinance was introduced. Ordinance No. 264, an ordinance establishing a bu=ng setback line on Broad Street. Passed to print on the. following roll call vote: AYES: R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W.. Whelchel NOES: Clay P. Davidson ABSENT: None 8.& 9.. At this time thei City Council considered the communications from the Park and Recreation Commission and the City Engineer.on.possible -use of students, in a. youth employment program �. during the summer months and listing types of projects that the youth group could be well used for. w ' R. D. Miller, Administrative Officer, reported as follows relative to funds available for use if the City wished to embark on a youth employment program: "Contributions required for the City under the ,retirement, system program would be si bstantiall reduced during the next year. The youth corp program involAt twenty (20) youths for three (3) .months would cost approximately..$11, 000. 00 which could be absorbed. The proposal was to pay $1.25 an hour. this year with the possiblity of paying $1..50 next summer and $1.75 for supervisors next year." Mayor Davidson stated that this program was not devised as a; make -work project but was a program proposed to help the City accomplish work not presently -being done by the 'City. On motion of Mayor Davidson, seconded by Councilman Graves, that the City Council adopt the recommendation of the. - Administrative, Officer to employ twenty -(20) students. for. work under the program and at rates suggested by the Administrative: Officer. It was the common consent of.the: Council that the Administrative Officer, City Engineer, and Park and Recreation Superintendent establish and administer the program to be accomplished b} the youth corps :. 10. The following communication was received from the City Council Tree Committee regarding the suggestion of tree. planting by -the Lions Club in the City parking lotand planting ting of trees in tubs on the streets: "The Council Tree Committee has studied the suggestion for planting of two trees by the Lions Club in City Parking Lot, and planting of trees in tubs. "They would like to make the following recommendations on these. proposals. "1. Two Scarlet Flowering,-Gum (Eucalyptus -Ficifolia) be planted in City parking lot on Monterey Street. . I "2. 'That planting of trees in tubs not be allowed for these reasons: Safety factor, discoloring of sidewalks, trees become root -bound and crack tubs, size of.trees, and children scatter • the plant materials ." On motion of Councilman Miller, seconded by Councilwoman. McNeil, the recommendation of th Tree Committee was accepted. U. Report by the Superintendent of Streets •listing properties in the City of San Lui's Obispo lacking standard curb, gutter and sidewalk improvements where more than 507 of the block is already improved, was accepted by the City Council and on motion of Councilman Graves, seconded by Councilman Whelchel, the' City - Engineer was ordered to proceed with the placing of the improvements, deleting Items 66 and 67., Motion carried. 8 12 . City Attorney W . M. Houser reported on removal of debris .from the IOOF Cemetery and that Mr.: Rothmeyer was removing the auto bodies very slowly and urged that the . Police Chief contact Mr. Rothmeyer relative to parking of junk cars on.street rights of way. A 3. 14 Mr. Houser asked that this matter be held over.for further discussion at the next regular meeting. R. D. Miller, Administrative Officer, presented the following report relative to proposed landscaping of divider strips along Madonna Road: "The following is in response to your request for a recommendation from this office re- garding the proposed landscaping of the divider strips along Madonna Road. "Mr. Flory has analyzed the bids of G &:G Landscaping ($935.00) and Baywood Spider 1 Core ($1,200.00) and feels that with young people hired by the City at $1.25 an hour he could do the same work for some $600 to $800. "The City Engineer feels that we do have some plantings in already, which:should eventually take over, but I agree that the present condition is quite unsightly. '7f the Council wishes to go ahead with the landscaping project, I would suggest that Mr. . Flory be instructed to supervise the work and that the cost be charged to Street Depart- ment - materials and supplies, the labor for said work not to exceed $800. " The matter was referred to the youth employment program just approved by the City Council. At this time the City Council considered the elimination of the poster panel in the Mission Plaza unless the sign company would. cooperate by painting it. R. D. Miller, Administrative Officer, explained the conditions under which the poster panes the Mission Plaza was placed by the Foster - Kleiser Company as a public service and that they originally had pledged to keep the sign in good repair and paint it. On motion of Councilman Graves, seconded by Councilman M_ iller, that the sign poster panel in the Mission Plaza be removed as soon as possible. Mayor Davidson suggested that before the sign at the Mission Plaza was removed, the City Council should take a look at the building that is presently being covered by the sign and that maybe the sign is not as bad as the building could be. Councilman Miller and Councilman Graves withdrew. their motion and. second. On motion of Councilman Miller, seconded by Councilman Whelchel, the discussion of. the sign removal was held over to the Council meeting of June 17, 1963. The City Council also asked that the poster panel at Monterey Street and Grand Avenue also be discussed by the City Council. The following recommendations were received from the City Planning Commission. "1. Letter from Southern Pacific Company of 25th of April regarding. Mill Street and Phillips Street bridges. "The Planning Commission is not in favor of the removal of either. of these bridges and recommends that the Southern Pacific Company be requested to repair the existing structures." On motion of Councilman Graves, seconded by Councilman Miller, that the City notify the Southern Pacific Company UaTfFey are not in favor of removal of either bridge, but request that the Southern Pacific Company repair the bridge on Mill Street as quickly as possible. Motion carried. "2. Surplus land adjoining Fire Station No. 3. "All department heads have.been approached and none. have any use for.this.property." The Commission therefore recommends that it.be declared surplus and disposed of." On motion of Councilman Miller, seconded by Councilman Graves, the City Council approved the recommendation of the Planning Commission and declared t e lot adjacent to Fire Station No. 3 as surplus and authorized the advertisement for public auction with the minimum bid set at $6, 000. Motion carried. June 3, 1963 25 15. At the request of the City Attorney the proposed ordinance providing for controls and permits for moving buildings and structures was removed from the agenda. 16. Communication from Albert E. Engel complaining of the services performed by the Woods Animal Shelter Society for the City, was ordered received and filed. 17. Communication from the Health, Education and Welfare Department approving change orders 5 and 6 to the sewage plant enlargement project, but not for federal participation, was ordered received and filed. 18. Communication from Hans L. Mager, consulting engineer, requesting permission to coordinate ' his studies for placing the lead shied in the City Hall basement with Mr. John Ross, architect, who is preparing an overall design for a control center and offices in the basement. On motion of Councilman Graves, seconded by Mayor Davidson, the request was approved. Councilman M' er voted no. 19. Communication from the Public Utilities Commission regarding certain zone rates of the PG &E in San Luis Obispo was ordered received and filed. 20. Communication from the League of California Cities regarding Senate Bill 949, a bill which would allow cities to withdraw from Park and Recreation Districts, was ordered received and filed. C: C 21. Communication from Assemblyman James Holmes regarding ACA 29 and SCA 18, was ordered cc received and filed. .Z x22. On motion of Councilman Miller, seconded by Councilwoman McNeil, the following Resolution was introduced. Resolution o . 1148 , a resolution aut orizing a execution of contract with the State Personnel Board. Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None ' 23. Communication from the San Luis Obispo City Schools forwarding approved agreement for joint use of C. L. Smith School property was ordered received and filed. 24. Communication from the Division of Highways opposing the City proposal of a new City street connecting Madonna Road to South Street west of Higuera Street, was ordered received and filec 25. Communication from the Division of Highways regarding Council's conditions to acceptance of Madonna Road for maintenance without curb, gutter and sidewalk. On motion of Councilman Graves, seconded by Councilman Miller, that the City notify the State that the City will not accept maintenance of the Madonna Road interchange until the approaches are brought up to standards of the City of San Luis Obispo. 26. The following letter was received from L. E. Somogyi, attorney, regarding the agreement to make a portion of Palm Street adjacent to the Ranchotel a parking lot: "I represent E. L. O'Reilly and Elvira M. O'Reilly. My clients own an undivided interest in a portion of Palm Street and adjacent to the Rancho Motel. Their attention has been directed to the fact that the City of San Luis Obispo is contemplating the leasing of the premises in which Mr. and Mrs. O'Reilly own an undivided interest to one Mr. William O. Hall for the purpose of establishing thereon a public landscaped parking lot. "The City is hereby placed on notice that Mr. and Mrs. O'Reilly contend that such a lease constitutes an improper servitude on the property in question, inasmuch as the public is en- titled to the right of unobstructed passage, which right may not be taken from the public even with the permission of public authority. It is our understanding that streets are not subjected to the power of contractual disposition. It is difficult for us to perceive the need for public parking in the area, inasmuch as the Veterans Memorial Building parking lot is empty most c :. the time. It would appear that under the guise of public purpose, the City is attempting to tu.n over a street area to an individual for the latter's private use. " On motion of Councilman Graves, seconded by Councilman Miller, the communication was ordered received and filed.