Loading...
HomeMy WebLinkAbout11/15/19651 1 City Council Minutes November 8, 1965 Page 5 On motion of Councilman Miller, seconded by Councilman Blake, the meeting adjourned. Motion carried. APPROVED: December 6, 1965 Roll Cali City Staff MINUTES REGULAR MEETING OF THE November .15, 1965 - CITY HALL . H. FITZPATRICK CITY CLERK CITY COUNCIL 7:30 P.M. Present: Emmons Blake,, Frank Gallagher, Donald Q. Miller, Arthur F. Spring, Clell W. Whelchel Present: P. Chapman, Planning and Building Director; J. H. Fitzpatrick, City Clerk; W. M. Houser, City Attorney; R. D.. Miller, Admin- istrative Officer; D. F. Romero, City Engineer; Lee M. Schlobohm, Fire Chief; E. P. Thompson, Water Superintendent. The approval of .the minutes of the meetings of October 18, 24 and 26, 1965 were held over. On motion of Councilman Blake, seconded by Councilman Gallagher, claims against the City for the month of November were approved subject to the approval of the Administrative Officer. 1. Mayor Whelchel gave the oath of office to the following members of the Civil Defense Advisory Boad. Mr. Merlyn Carpenter Mr. A. J. Hapgood Mr. Glen Porter Col. William M. Boyce 2. W. Romero, City Engineer, reported to the City Council his discussion with Mr. J. E. Hazard relative to sidewalk improvements on Dana Street, and Mr. Romero stated that Mr. Hazard told him for the City to proceed unless he appeared at the meeting this evening. Mr. Hazard not being in the audience, it was moved by Councilman Miller, seconded by Councilman Spring, that authority be granted to the City Engineer to proceed with the installation of sidewalks on Dana Street. Motion carried. 3. Mr. E. P. Thompson, Water Superintendent, presented to the City Council a report on the alleged damage to private property on Alrita Street caused by a change in pressure in the City pumping system. Mr. Thompson explained the damage-on the Estes property and also damage at the Ula D. Moret property. Mr. Thompson recommended (1) that tW Estes and Moret claims be presented to the City insurance.carrier with a copy of this report; (2) that the Alrita pump station not be abandoned at this time, and (3) that the water department install a pressure relief valve in the pump station piping which would bypass excess water from the discharged side of the pump to the suction side in case of malfunction of the electrical control system. On motion of Councilman Miller, seconded by Councilman Blake, the report of the Water Superintendent was accepted and the City Clerk was instructed to contact the insurance carrier to find the disposition of the Estes and Moret claims. Motion carried. Councilman Gallagher voting no. City Council Minutes November 15, 1965 Page 2 On motion of Councilman Spring, seconded by Councilman.Gallagher, the.City Water Superintendent was instructed to proceed with the installation of .the pressure valve in the pump station as recommended. Motion carried. 4. The City' Clerk reported to the City Council that he had personally contacted the residenton.Santa Lucia Street between Foothill and Cerro Romauldo and that he had no objection to the street being renamed Jeffrey Drive. On motion of Councilman Miller, seconded by Councilman Gallagher, the following resolution was introduced. Resolution No. 1496, a resolution renaming a portion of Santa Lucia Street. Passed and adopted on the following roll call vote: AYES: Donald Q. Miller, Frank Gallagher, Emmons Blake, Arthur F. Spring, Clell W. Whelchel NOES: None ABSENT: None 5. Communication from George Wollinger, Jr., 367 Tolosa Way requesting that the City Council consider an ordinance prohibiting loitering by juveniles and make the parents responsible for the whereabouts of their children. Upon question, Captain Rodgers of the Police Department, reported that at this time he-felt there was no real problem in the City regarding juveniles after 10:00 P.M.• and felt that this ordinance was not needed at this time. On motion of Councilman Miller, seconded by Councilman Blake, the recommendation was received and filed and the City Clerk instructed to write and thank Mr. Wollinger for his interest in City affairs. Motion carried. 6. Communication from the Church of the Nazarene requesting Council permission to connect permanent electrical power to their. new church at Johnson and Southwood Drive and offering to give adequate assurance that the work will be completed satisfactorily. On motion of Councilman Blake, seconded by Councilman Miller, that the City Council approve the request on the condition that a bond or letter of credit be filed with the City guaranteeing the completion of the parking lot, curb, gutter and sidewalk on two sides and payment of the outstanding water extension fee charge. Motion carried. Councilman Gallagher voting no. 7. Communication on behalf of Helen L. Smith requesting a license to operate a public bus system within the City of San Luis Obispo and asking that the City Council waive any franchise fee in order to help the system get started. Mr. Houser, City Attorney, stated that the City Council has the authority under the Charter and City ordinances to grant a franchise to operate a bus system to anyone in the City who wished to apply for one. Mr. Houser stated that normally the franchise requires a percentage of the gross annual receipts to be paid to the City, establish rates and routes and require public liability insurance and bonds for continuance of operation. In view of the report of the City's con- sultant which concluded that a private bus system was not economically feasible, Mr. Houser suggested that the Council could by resolution grant a one year temporary permit for the bus operation conditioned that a certificate of liability insurance be maintained with the City for $100/300,000 for injury to persons and $50,000 for property damage and that upon 30 days notice to the permittee, the Council may-terminate the temporary permit and proceed with the granting of a regular franchise. On motion of Councilman Blake, seconded by Councilman - Gallagher, the following resolution was introduced. Resolution No. 1498, .a resolution granting a temporary permit to operate a bus system in the City of San Luis Obispo. Passed and adopted on the following roll call vote: AYES: Donald Q. Miller, Frank Gallagher, Emmons Blake, Arthur F. Spring, Cleil W. Whelchel NOES: None ABSENT: None City Council Minutes November 15, 1965 Page 3 8: Communication from E. W. Rodriguez requesting that the City Council remove a water line traversing his property which wasp aced, he believes, as a temporary measure and.has become a nuisance to him. On motion of Councilman Galla her, seconded.by Councilman Spring, the request was referred to the City's Water Superintendent. 9. Communication from Stanley Nelson, Realtor, appealing the decision of the Small Sub- division Committee in denying a s vision of land on Mill and Osos Streets. Communication from the Planning Commission stating that the original application for sub- division had been referred from the Minor Subdivision Committee to the full Planning Commission for action as the proposed subdivision consisted of three substandard lots. There are three buildings on the property and the owner wishes to sell two of the buildings and retain the third for his occupancy.: The lots proposed would be 4, 333 square feet, 5, 830 square feet and 4, 856 square feet.respectively and all would be narrower than the required 60 feet required.by ordinance. The Planning Commission did not feel that the request was valid and were also concerned at the problems of future development if the substandard lots were approved.: Therefore the requested development was denied by the Planning Commission. Mr. Stanley Nelson, Realtor, appeared.before the City Council on behalf of his request to subdivide this property for the convenience of his client, Mr. Righetti, who has owned this property for many years, who is now retired and who no longer wishes to be responsible for the maintenance and operation of rental units. On motion of Councilman Miller, seconded by Councilman Galla her, that the appeal be denied and the Planning Commission decision be upheld. Motion carried. 11. Communication from the Planning Commission recommending to the City Council their feelings on the development of the Mission Plaza area. The Planning Commission stated ' that after studying the Downtown Association plan and in view of the high cost of this pro- posal and apparent lack of financing capability to implement it, the Planning Commission recommends that the City Council follow the plan prepared by the Planning Department and proceed with its implementation. The Planning Commission also recommended that the following steps be taken immediately: (1) Acquire property at the corner of Broad and Monterey Street and also the open area adjoining parking .lot 3 for development as surface parking lots. (2) Negotiate a lease with the Art Association for the property they requested at the corner of Broad and Monterey Street. (3) Instruct the City Engineer to prepare plans for a low dam under the Broad Street bridge with a view to constructing this facility in the near future to supplement the improvements already taking place in this block. On motion of Councilman Miller; seconded by Councilman Gallagher; that the Planning- Director and City Engineer Fe -instructed to prepare and present plans for revising the Monterey Street alignment at Chorro Street and in front of the Mission to be presented to the City Council at the first meeting in January 1966. Councilman Miller stated that while he was not necessarily for or against the closing of Monterey. Street, he felt the matter should be discussed by the Council. Mr. Loper appeared before the Council and stated that he, as an individual; objected to the City spending tax money for a program such as the Mission Plaza which will not benefit the average citizen, taxpayer, or property owner. He stated he felt that this expense would only be for the benefit of the Downtown businessmen. He continued that he felt he would not be willing to give financial support to the Plaza scheme although he realizes the Council spends his tax money without consulting him. ' The City Council then discussed the recommendation of the Planning Commission and on motion of Councilman Miller, seconded by Councilman Gallagher, that the Mayor appoint a Council! Committee to meet with representatives of the AFt Association to discuss their pro- posal for an Art Association building. Motion carried. _ As far as recommendation number one was concerned, relative to acquisition of surface parking lots, the matter was held over to a Council Study meeting at 8:00 P.M. Monday, November 22, 1965 on motion of Councilman Miller, seconded by Councilman Gallagher. Motion carried. City Council Minutes November 15, 1965 Page 4 12. At this time the City Council held a public hearing on the report of the Superinten- dent of Streets on the cost of work to install sidewalks on property under the provisions of Ordinance No. 257. 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 Spring, seconded by Councilman Blake, the following Resolution was introduced. Resolution No. 1495, A Resolution confirming costs of sidewalks con- structed pursuant to the Municipa Code. Passed and adopted on the following roll call vote: AYES: Donald Q. Miller, Frank Gallagher, Emmons Blake, Arthur F. Spring, Clell W. Whelchel NOES: None ABSENT: None 13. At this time the City Council held a public hearing on the proposed new house moving regulations as recommended by the City Planning Commission. Mr. Houser, City Attormy, briefed the proposed ordinance for the City Council primarily explaining the changes being made in the new ordinance under the former ordinance. Primarily the new ordinance will simplify procedures for house moving applications, will require a cleanup of the former site and require completion of the new site and would allow approval to be given by the Board of Adjustments rather than the Planning Commission. Mayor Whelchel declared the public hearing open. There were no comments from the public. 1 Mayor Whelchel declared the public hearing closed. The City Council discussed the provisions of the new ordinance as explained by Mr. Houser, and particularly objected to the requirement of seven days or less to clean the site from where the building was being moved. It was the feeling of the Council that at. least 30 days should be allowed to clean up the site where the building had been removed. Mr. Miller suggested that wording for posting of properties be classified to include both present and proposed sites. Also, if there was any question as to building being com- patible with new neighborhood, appeal could be taken to the Council. On motion of Councilman Miller, seconded by Councilman Spring, the following Ordinance was introduced with ee changes indicated above. Ordinance No. 330, An Ordinance providing regulations for moving buildings. The Ordinance was introduced and passed to print on the following roll call vote: AYES: Donald Q. Miller, Frank Gallagher, Emmons Blake, Arthur F. Spring, Clell W. Whelchel NOES: None ABSENT: None Mayor Whelchel declared a recess at 8:55 P.M. The meeting reconvened at 9:05 P.M. - all Councilmen present. 14. At this time the City Council held a public hearing on a proposal to allow door -to- door sales and solicitations. Communication from Mrs. R. L. West, 348 Hathway Street, stating she feels that some door -to -door salesmen should be a owed to contact residents but she does not feel that this should be allowed to people selling magazines. City Council Minutes November 15, 1965 Page 5 Mr. Houser, City Attorney, then briefed the provisions of the proposed ordinance regulating and licensing peddlers and solicitors. Mr. Houser stated that rather than prohibiting this type of operation in the City as. is done at the present time, the new ordinance would require registration by all peddlers and solicitors, which would include a background investigation by the Police Department and the taking of fingerprints and photographs. This investigation to be paid for by the applicant. On top of the registration, a regular business license would be required for each applicant. .Further, each applicant would be required, while actually contacting the residents, of:the City, Ito -wear a conspicuous badge on his outer clothing to allow the residents to know at least that the person has been cleared by the City. The ordinance also has pro- visions for the revocation of permits, etc. Mayor Whelchel declared the public hearing open. Mr. Glen Webb appeared before the Council stating that after hearing the explanation by the City Attorney, that he did not feel that the.,-.'proposed ordinance would eliminate the present annoyance of being bothered by door -to -door salesmen. Mrs. Virginia_Moyer, Mapager Avon Products, stated she felt the proposed ordinance was discriminatory as it allowed bread and milk solicitors but did not allow her and her girls to solicit for the sale of their products. Mr. Bill Loper asked if the new ordinance would provide better control over door -to -door solicitors than the present ordinance prohibiting such activity, as he felt that if the public are as uninformed on the new ordinance,.: proposed as they are. on the existing ordinance, he was sure that additional unlicensed solicitation would take place. Mr. Joe Bailey questioned the benefit of having solicitors wear a badge prepared by the City when.they could be counterfeited without the City's knowledge. Mr. John Axman, A &M Cab Company, questioned the amount of bond required by the solicitors, as he felt that to protect citizens from fly -by -night operators, that a much larger bond should he required. ' Mr. Norman Eg ert stated that he has been in this type of business all of his life and he feels at the proposed ordinance is a step. in the right direction. Mr. Bill Loper appeared before the City Council asking if the fees listed in the proposed ordinance were sufficient to pay the actual cost of investigation and preparation of the badge. Mr. Dan Stack stated he: objected to the ordinance on the basis of the annoyance to the house- wives and to residents of the City. Mr. Bob Luther asked for clarification of the suggested bonding requirements for door -to- door solicitors. Mr. Houser, City Attorney, explained that the bonding requirements were that a licensee not established at least six months in the City would be forced to file a $1,000 bond which would inure to the benefit of any person aggrieved.by any misrepresentation or failure to deliver the article or services sold in accordance with the representations made. Mayor Whelchel declared the public hearing closed. Councilman Sprin stated that he felt that this proposed ordinance would cause a lot of trouble by allowing more door-to-door solicitors to come into the City and become more of a nuisance to the housewives than they are at the present time. Councilman Blake stated he felt the new ordinance would legalize some of the activities taking ' place at the present time such as milk, bread and newspaper delivery, and he also felt that the provisions of the ordinance would put the door -to -door salesmen under strict control'. Councilman Gallagher stated he opposed the proposed ordinance as he felt it would open up a new era of oor -to -door selling in the City which would cause much annoyance to the residents in their homes. Councilman Miller stated he was for the new ordinance as he felt it would give the City more control over so icitors and further, the existing ordinance was being violated daily as there was no way to control existing solicitors. He further felt that the new ordinance was' something, that could work and felt it would give the City a maximum measure. of control over solicitors. City Council Minutes November 15, 1965 Page 6 Mayor Whelchel stated that he felt the new ordinance would not bring a deluge of solicitors and peddlers to the City, but he did feel there are'many•legitima.te firms that only operate under door -to -door type of sales. He felt that this should be allowed and he favored the ordinance but he also felt that, based on comments of his fellow Councilmen, that the majority are opposed to the changes proposed in this ordinance. On motion of Councilman Blake, seconded by Councilman Miller, the proposed ordinance was re -referred to the ounc' Committee for further study. Motion.ca.rried. Council- man Gallagher voting no. X. A petition signed by 46 persons was presented to the City Council protesting the installation of a sign at the corner of Monterey and California Boulevard advertising the Arctic Circle Drive Inn Restaurant being constructed at this location. The petition asked that the City Council hold another public hearing so that the residents and citizens would have an opportunity to express their views on this matter. Dr. Brown appeared before the City Council objecting to the proposed sign as he stated e sign was atrocious, etc., and he felt that not only is-the sign in bad taste, but the City is without an adequate sign ordinance and this type of sign will continue to be placed throughout the City as business competition increases and times get tougher. Mr. Marvin Guillermo appeared before the Council as spokesman for the persons signing e petition stating that he objected to this sign as presently planned and further also objected to the removal of the trees from this property and other properties throughout the City of San Luis Obispo. . Mr. Chapman; Planning Director reported as follows: The Arctic Circle organization applied or a use permit for this sign and it was approved by the Board of Adjustments on November 5, 1965. In accordance with the ordinance the property was posted on Tuesday, November 2, 1965. Mr. Chapman continued that the Board of Adjustments prohibited the flashing of price figures and placed conditions on the revolving section so that it would conform to City policy. The sign as applied for complied with all other requirements of the Municipal Code and the Board therefore approved it. On Wednesday, November 10, 1965 the applicant applied for and was issued a sign permit. Subsequently, the petition was received signed by 46 persons requesting a hearing on this sign before the City Council. Other residents of the City also indicated concern at the_ proposed sign. Mr. Chapman stated -he pointed out to these people that the three day appeal period expired on Monday, November 8, 1965 and that the matter could not be referred to the Planning Commission for their consideration. Several other persons appeared before the City Council who signed the petition objecting to the City approving'the sign for the Arctic Circle Drive Inn stating it was in bad taste, poorly designed, etc. Mr. john Ross, Architect, appeared before the Council stating that some attempt should be made to get an adequate sign ordinance adopted for the City. Mr. Houser, City Attorney, explained to the Council and the public present, the various rig rig ti a property owner has in the use of his property and also the sign permit once issued by the City if it complies with the then existing ordinance he felt that the pro- perty owner had a right to have the sign placed. On motion of Councilman Blake, seconded by Councilman Miller; -that the Mayor write the franchise operator and ask them to modify —their sign �sed on the objections from the public and ask the Company's cooperation. Councilman Gallagher stated he felt that the public notices were not properly posted by the Planning Department and he' therefore felt that the sign permit was granted illegally. Councilman Sprin felt that the Council should take action now, and demand a new hearing based on the fact that the property was improperly posted. Councilman Blake stated he felt that under our existing ordinance the sign was legal but felt that if th a Council could get cooperation from the Drive Inn company for a modifi- cation of the sign it would be better for all concerned. Motion carried by the following roll call vote: City Council Minutes November 15, 1965 Page 7 AYES: Emmons Blake, Donald Q. Miller, Clell W. Whelchel NOES: Arthur F. Spring, Frank Gallagher ABSENT: None On motion of Councilman Miller, seconded by Councilman Spring, that the Mayor be authorized to call the Arctic Circle Company and present inem with the eng of the public and Council requesting a modification of their sign and further that the sign permit would be suspended until ' December 6, 1965 at which time the Council would consider the sign permit and that the Arctic Circle Company should then show cause why the, permit, should be. issued. Motion carried. On motion of Councilman Miller, seconded by Councilman Blake, the City Attorney and Planning Director were to present a resolution on placing a moratorium on all signs in the C -1 and C -2 zones. Motion carried. 17. Fire Chief Lee Schlobohm presented for the City Council's information the specifications for a roto -tiller and tractor to be used in the weed abatement program in the future to avoid the problems with the burning. . . . . - On motion of Councilman Blake, seconded by Councilman Miller, to proceed with bids for the purchase.of a used tractor. and informal bids to purchase a roto- tiller. Motion carried. 19. At this time the City Council considered the final passage of Ordinance No. 327, an ordinance. creating Utility District Number 1. Mayor Whelchel asked if anyone inthe audience wished to speak on this ordinance; no one wished to do so. . On motion. of Councilman Blake, seconded by Councilman Miller, the following ordinance was introduced for final passage: Ordinance No. 327, an ordinance creating Utility District Number 1. Finally passed on the following roll a- vote: AYES: Emmons Blake, Donald Q. Miller, Frank Gallagher, Arthur F. Spring, Clell W. Whelchel NOES: None ABSENT: None 22. The City. Clerk reported the following bids received for extension of Southwood Drive, City Plan 6 -66. 1. BURKE CONSTRUCTION COMPANY, P.O. Box 957 San Luis Obispo, California $11,451.00 2. C.S. CONSTRUCTION, P.O. Box 33, Pismo Beach, California 12, 973.00. 3. HI -WAY CONTRACTORS, P.O. Box 426, Santa Maria, California 13, 793.50 4. MADONNA CONSTRUCTION, P.O. Box 910 San Luis Obispo, California 13, 947.75 Engineer's Estimate: 13,141.90 Mr. Romero, City Engineer, recommended that the low bid of Burke Construction Company be accepted. Mr. Houser, City Attorney, recommended that the City Council, if they wished to award the bid, do so subject to the filing of the agreement between the School District and the City on this extension. On motion of Councilman Spring, seconded by Councilman Galla her, that the low bid of Burke Construction Company be accepted but the awar . e e up until signed by the School Board, and the Mayor then be authorized to sign such an agreement. Motion carried. City Council Minutes November 15, 1965 Page 8 . 23. The City Clerk reported that the following bids were received for street widen- ing of Madonna and Los Osos Road. 1. J.A. O'KELLEY & SON, 3159 S. Broad Street, San Luis Obispo, California $6,780.50 2. C. S. CONSTRUCTION COMPANY, P.O. Box 24, Pismo Beach`, California 8,450.00 3. MADONNA CONSTRUCTION COMPANY, P.O. Box 910, San Luis Obispo, California 9,280.00 4. TED WATKINS CONSTRUCTION CO., INC. P. Q. Box 1380, San Luis Obispo, California 1.9, 311.00 Engineer's Estimate: 10,117.50 Mr. Romero, City Engineer, recommended that the low bid of J. A. O'Kelley & Son be accepted. On motion of Councilman Gallagher, seconded by Councilman Miller, that the low bid of J. A. O'Kelley & Son be accepted. Motion carried. Y. Councilman Miller requested Council permission to be out of the State for the period of December 11 thFo-ugh December 31, 1965. Request approved on motion of Councilman Blake; seconded by Councilman Gallagher. Motion carried. Z. Mr. R. D. Miller, Administrative Officer, brought to the Council's attention'that in this evenings warrants to be approved, was a warrant made out to Dr. D. J.Faustman for the Downtown Traffic Report and that Mr. Romero, City Engineer, was dissatisfied with the report stating that he felt Dr. Faustman had not complied with the contract and recommended that the payment not be made. On motion of Councilman Miller, seconded by Councilman Gallagher, the City Clerk was instructed to o e Faustman payment up un ' a ti.ona submittals were received from Dr. Faustman as requested by the City Engineer. Motion carried. W. On motion of Councilman Miller, seconded by Councilman Gallagher, the following resolution was introduced. Reso ution No. 1499, A Resolution authorizing the Mayor to sign on behalf of the City and to accept an record a grant easement from the.State of California for sewer line installation on the State owned property on California Boulevard. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Donald Q. Miller, Frank Gallagher, Arthur F. Spring, Clell W. Whelchel NOES: None ABSENT: None On motion of Councilman Galls her, seconded by Councilman Blake, the meeting. adjourned to 8:00 P.M. November 22, 1965. Motion carried. APPROVED: December 6, 1965. J ✓, Fitz pc c� ity ,C erk 1