HomeMy WebLinkAbout02/21/1966REGULAR MEETING OF THE CITY COUNCIL
February 21, 1966 - 7:00 P.M.
CITY HALL
Roll Call:
Present: Emmons Blake, 'Frank Gallagher, Arthur F. Spring,
Donald Q. Miller,'Clell W. Whelchel
City Staff
Present: P. Chapman, Planning and Building Director; J. S. Fitzpatrick,
City Clerk; R. D. Miller, Administrative Officer; D. F. Romero,
City Engineer; W. M. Houser, City Attorney; Lee M. Schlobohm,
Fire Chief; E. Rodgers, Police Captain; E. P. Thompson, Water
Superintendent.
Approval of the minutes of the meeting of February 7, 1966 were held over.
On motion of Councilman Blake, seconded by Councilman Gallagher, claims against the
City for the month of February 1966 were ordered paid subject to the approval of the
Administrative officer.
L
A. At this time the City Council considered candidates for membership on the
Planning Commission to complete the unexpired term of Herbert- Landeck, resigned.
Councilman Blake suggested that former Planning Commissioner L. Longer be reappointed
to the Commission.
Councilman Sprintt suggested that 8. T. Franklin, former member of the Commission, be
reappointed to complete the unexpired term of Mr. Landeck.
The City Council set 7:00 A.M. March 1, 1966 as a meeting to meet with the two
' candidates and discuss their appointment to the Commission.
1. The following communication was received from the Planning Commission.
"Two years ago the Planning Commission approved a use permit for the Christian
Church to build at 218 Foothill Boulevard. The property extends beyond the align-
ment of Cerro Romauldo and the Commission required that the right of way be dedi-
cated but no improvements need be installed. The use permit was not taken advantage
of and therefore expired after one year.
Recently the same group applied for a use permit to move the Nazarene Church
from Walnut and Santa Rosa to the site on Foothill Boulevard. The Commission
approved the use permit but in the light of recent policies regarding street
Improvements, felt that Cerro Romauldo should be dedicated and fully improved. In
view of the previous approval the Commission felt that it would be an undue hard-
ship to require the church to make the full improvements and therefore recommend
that the City install full Improvements on this section of Cerro Romauldo with the
church repaying SOX of the cost to the City over a period of time."
Reverend Daugherty appeared before the Council asking that they not require the
church to pay the cost to improve Cerro Rmwuldo as it would be a financial hardship
to the members of the church as they have indebted themselves for the purchase of
the land and the remodeling of the buildings being moved on the property. He stated
he felt that the original plan proposed by the Planning.Ccmmission that the City
' would pave the street in return for,the church deeding the right of way to the City
was fair and equitable.
Mr. Romero, City Engineer, upon question stated that he estimated the cost of
improving Cerro Romauldo with curb, .gutter, sidewalk and street paving would be
$5,000 with an additional $1,000 to extend the water. line through this street.
The City Council then discussed with the Reverend Daugherty and members of his
congregation the best method for having Cerro Romauldo paved with full improvements
by the church and /or the City.
Mr. C. Lownes appeared before the Council and stated that he objected to allowing
any more churches to be built in this area along Foothill Boulevard as in the past
several years three churches have moved into the area and they cause quite a bit of
traffic congestion when they have access to Foothill Boulevard. He stated he had no
objection to the churches, per se, but just against the traffic generated by the
City Council Minutes
February 21, 1966
Page 2
church membership.
fir..
Mr. Romero, City Engineer, explained to the City Council,the� vast policy_,of the City
in the construct16i-bf dxtensibn of new'streets.
On .motion of Councilman Gallagher, seconded by Councilman Spring, it was moved that.,.
the church dedicate the area for Cerro Romauldo at this time, that a three ' yeir - "-�-••='-
moratorium be.put..on, the improvement of the street,-and that an agreement be entered
into'between the'' city ,and'fhe' church•' that° the- church'will''put "in-thest=eef after
this't1hree'.ye2r period_or -'the- City_'w6uld °put in the °impiovements' and assess the
adjoining - property;, owners, said improvement to "include the °water,main.
Motion carried on the following roll call vote:
AYES' -- Frank Gallagher;`Arthur,,F Sprin i.
-NOES: °'ErmDOns'- B'l`ake; °Cleil_W. - Whefchei"
ABSENT: None
gi Do
nald Q Millei'� !' °c :_.
2. Dr. Robert Roberts appeared before the City - Council pi- otesting the assessment of•
an acreage.charge to property recently purchased -by him on Grayes Street. Dr.
Roberts stated that prior to purdhasing the: prope- ty- -he "had inquired rat the_ Cityr
Hall as to'what;charges or" liabilities-be-would"be incurring-if'he'purchased the'-:
property in order to build a ^home. Dr. Roberts
li ' ' continued that he was- it =n'wfoerrme ed that
e would'have "to- pay 'for tlie-settiag "of"a'meEer� and' watei lseivice-if
installed on the property and also would have to pay a frontage and''acreage- charge
if the property had never.been served by City water.
.�• r'�C•.'...'i7 .: Cd J... .:!j .. .. .. �v_v`•r :Z...'^r.: .. r`...�. ._�.. .. :1 ._. �f=•'i:� L'',.i cC�.:f;'i!'. ._..._.:�. "'t .n" :t t..''_`� :J
In the course of the telephone ^coriveYstiori Dr.`Bnbe =ts`s tat ed''fhat~he °and "they "t
person from the,Water Department he had talked to decided that there apparently, was r
, s'__•- .t •. q,;m �: lj 1 E,....; .. A i— c1- 1 ,, 1
water service "on the proper ty'as-i "meter box-was Ton:tle,`propeity and, at_one'`time:a �'
horse from an adjoining nei'ghbor`-had� used this ' lot -for,'grazing. Therefore he was
informed that after property had been served with water no acreage charge would be
assessed. Sh'equent'to=tiis conversation; Dr:"Rbberts ssid'he' appeared "at °City' -
Hall to apply for a meter and was then called by the Water Department stating that
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in addition'to' the' meter charge, h_e would'be�regniied to pay'frontage_'and acreage
chaige;as 'this"property "had'ne' er been-`served=%:ithf 2Yty Ovate = = r� `` ''`
-.e �•. .. a_ !' __ Cli ..CI:r ;r ^R_ _.::1;1_� .:YC:- i_i:iCii:%'.+ �,r7 -. ^
Dr`i Robe =ts stated= that'th s'was the basis�of °his''protesV' is =he felt`he-4as tieing
taken advantage of because he had made -the effort -"to'- find-iout ~what ~tlii�iharges were-'
before purchase and on the basis of his information that there were no additional
charges'; +he''parch'ased' °the 'property:`- SHe`'feels` he was required =to 'pay more ^for'the
property -rthan °it was - worth -di d'feels' ttlat `the�City= mi'sinf'ormed hYm;;a "s
:'.3 ._. +�.e_ 4'
Mr. Thompson ;'Water`- "Superintendent; 'eported''ta-66 tity-::Coiincil the- procedure-l-,
followed on =a11' applicati'oris 'foi =watei services thr'augfi his s'7epartment-: { ": -
•rr':. .::;.�:. _ osta�i - -;, , r�`t- c^: o frn �. �, _. .. . .__. .. e; J .�S?.:}(^:: `.!", .•'bi:'..:. 1;. r'.i r _..;J•:. CS 1: ':'3 "..`:� .... _
Mr. Fitzpatrick, City= Cieik,= "'`stated ' that' -whim anFactuaV ""pTication }`is�made;
water service, it is normally processed through the Water Superintendentfs Office
at whi�li' time a• determi'aation' is = 'mad "e "' wheth'e'r as acreage- charge i's, :'iequiied- .oi:�ao "t`:d
Biit''_in the "'sutiject =case the jstatemeats`�made=by �D=' R6Voi=ts- were,true`in �thatP- h&-d•id °'
call rfor` information'raad `i'nformed~ the 'Clerk that Ilse' mete was-oa the piopeity A7, n'-
d rz therefore* in' the' course' of- coudersation it --was decided that`='the- property had been
served' and that'uo 'acreage char ge''courld' °-be 'made.- They City• Clei-k contiiiued- that"
many - telephone- ngniries• of� this' type'- are-made'•to the office °inquiring as- to
possible charges and that all persons are informed of the various ... chargesiiith ib
condition that if the property was served no charge would be made.
-, �:. - _ '.f ..�, .P... • Z • .• C n....• v �M1
Mr. Houser; City •Attoinie "' explained ^`to'• the -' CounciVthe theory'did?Pthe-'ieason: foi ?: ==
initiating - acreage charges on ' property n6vpreviou-sly'-served by Cfty�,t
water.
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After 'di s'cussion -- by the-: 6if Coriaril;='it 'wa -s'. mo6ed1 -by •'Coune 'iman "'Spiiig; .'6ecorid"edlby--
Councilman Miller, that the appeal of Dr. Roberts be denied: "'dbtibb' -Ear = iidl - _'? ':.
8. At:'thii :1 ime the Ci'ty''Coantil =held a'pnbl c'hear3ag ou =the
Superintendent of Streets- -:for= •costs of iristaTl`ing Barb, 'gutter =`arid= sidewalk imptove_:
ments under -1 the:' prov 1oi-L6 riig= propeit3 "es -a v
.. SLD 4i;i.'o.� '. _.. _ 4v'. .�.�Gi: _i. .�: :. 1'�', ::. ^:: < ".t -d3:'v ��'i. •? r��.._ !i:;. i:. CitJ:.�. 1!L'Ls:i :; ..:'_.��..t
.. ".: 3t: n:__.; f'7, 9...._... ..le .. -. c:£ wnY:l b -'v rl e: ::�;._ ,_IS::I _. .. _.
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City Council Minutes
February 21, 1966
Page 3
A. A. M. Buck
169 High Street
$164.15
M. J. Cardoza
714 High Street
177.50
S. V. Cole
429 High Street
225.35
C. & F. German
420 High Street
275.20
'
F. V. Haigler
175 High Street
212.80
International Church of Four
389 Islay St. (High St. side)
720.85
Square Gospel, Inc.
International Church of Four
400 High Street
354.90
Square Gospel, Inc.
C. H. & C. V. Ka®
120 Story St. (High St. side)
249.00
J. L. & M. A. Norman
268 High Street
588.90
W. Varduin
428 High Street
226.45
G. A. & E. 0. Victorino
728 High Street
423.45
G. A. & E. 0. Victorino
603 High Street
267.85
A. E. & S. Weidert
283 High Street
265.70
Be The following property owners
have requested three year option
payment
plan:
'
M. & J. Aquilana
434 High Street
181.15
R. 0. L. Beaulieu, Et al
2006 Chorro St. (High St. side)
619.90
D. H. & M. E. Boling
1970 Chorro St. (High St. side)
638.65
C. Be Bowden
250 High Street
1,036.80
H. L. & J. D. Brimer
705 High Street
258.03
H. A. Burch
729 High Street
260.75
H. T. & F. E. Carlisle
259 High Street
221955
H. T. & F. E. Carlisle
269 High Street
221.55
J. A. & E. C. Carlon
635 High Street
484.28
P. F. Colombo & C. M. Burke,
288 High Street
266.60
J. A. & D. M. Dana
197 Pismo St. (High St. side)
778.25
J. Hunter
423 High Street
249.35
R. L. & J. M. Marks
706 High Street
780.25
'
T. L. & G. M. Massie
619 High Street
228.75
Albert Nelson
660 High Street
327.30
Sandercock Transfer Company
600 High Street
809.75
Sandercock Transfer Company
541 -543 High Street
443.03
J. & Be M. Taylor
275 High Street
225.35
C. B. & G. S. Winn
1969 Chorro Street (High St. side) 986.55
The City Clerk reported that after the
preparing of the agenda that M.
& J. Aquilana
had requested that their cost be placed on the three year option plan.
City Council Minutes
February 21, 1966
Page 4
Mayor.Whelchel declared the public ,hearing..
open.
The-,,CityiClerk read a.letter from..Mrs.-Verduin, 428 High Street,,.,stating that she
was ready and willing to. paythe" sidewalk assessment but that the s1d6walk"irea
put.,in.,under this assessment was,damaged and was causing damage to adjacentside-
walks and that while she was willing to-pay for the sidewalk she did-not believe
she should pay for it until it,,has,.,bee Y, ncorrected and placed in better.condition.
I A ':, L;".:- - I �, v.
Mr.- ,Romero, City Engineer, stated he was aware of this i
problem,,had.dscussed it
_L_ i! 1 .7
with the contractor, and that -it would b6 corrected.
No one else appeaidd bVfore"ihe 'City'' Cdd=-il1
Mayor Whelchel declared the public hearing closed.
101 owing,
On motion of Councilman Miller, seconded by Councilman Blake, tiii' Ii-il'-
resolution was introduced. Resolution No..1526, a resolution confirming.costs of
sidd',Walks constr'ucitl6d' to;"thb&"ftinibipal Code.
Passed-'and adopted on the followin''g'io11 call vote:
AYES: Emmons Blake,'Trafiktdiijbfi;-_r, Arthur F. Spring,
Donald Q. Miller,.•Cle.1.1. W,.,,.Whelchel
V
pq NOES: None
S-7-7
,,ABSENT: None Y L-1
5. At this time.the City Council considered a petition signed by fifteen property
owners 'in thb 'Vicin"it-y"bif 'I'll" Waird Str`eOet p ' . r . otesting the' 'operation" of "A- bla'cks'mith
shop at this location and requesting that the City abate this nuisance And cease'�.";.,
its operation.
Mr._.Hpuser, City. Attorney,.,explained that he had discussed this matter several times
with' the' Council'ind' that"this acksibith-stiop was"hot' in violation` of a1hy"City
ordinance as its use Fas.in existence prior..to the adoption of any zoning ordinance
A
by 'the !'City and - `therefore' could' legally clddtinue to operiee' ."aisl 'a"' non-corifdrming use
in a re-sidential area. Mr. Houser also stated that the petitioners had the right of
- - i '" - , 3.
'i'i6n in the Superior C6iiii`to-,-'3ab--�At'e1 'this nuisance.
civil" ac _. -.1.
T
Mrs.'Fladeland appeared before-the"City'Coun"cil objectin':g to-'this 'annoyance' next to
her house stating that they could not rest while this shop was in operation and
furthidi 'that this was extremely �aiit`nioy- ih-g" to' her husband who has i` he'arrcondit ion
and 'should have peace and quiet. -- .!: ._�-
(-I-, i . I . - _. - -, . L. � ... �_'. ." :3 "T K,
The City. Council discussed with Mrs. Fladeland the conditions under which the
ne'
peiiii-t-had been granted and si'a-t-e-d")th'ii't.:'�tb�'6'r'e was noWinjtfiii.-coui4Lbe,'o' as far
as the Council is concerned, as this use i,s legal as far as the City ordinances are
concerned.
f-"• — -. -
On motion of Councilman Blake ;; -_gecond_e'd','bY -'-`66unci-16i' Sp'rjn'k2' t'hie'llmiaitei', wis ordered
received and filed.
po, � rt'
3. Mr. W. Hollister. representing Farmer's Insurance Exchange (the City's liability
carrier)' appeared before the &6�-_66-uiinkll -'aind reported to the Couuic�ifffie""" study made
by the; insurance adjuster on the claims of M6ret and Estes for damages to their
propeifq on Alrita Street allige'dIyD c;a'u.`ged""b-'y' increase inoressfiire`,in� the water
system*,,,,. r
Mr. Hollister stated that based on the report of the Water Superintendent and
statements by the plumbers invofii;4 in repairing the Moret and -ksteid- w4tir'f acility,
felt that the City was not to blame and therefore denied the claims.
n.T
Mr. Hollister explained its the insurance carrier's responsibility to-protect the
Cify`inhll matters of
-P
Mr: `Houser, City Attorney, comm6nt6d,thAt the City's experience'-in--'the payment of
claims by the insurance carrier is reflected in better rates for such insurance.
The City Council discussed the possibility of having the claims adjuster call
on all better' tfie 'City s= c.,
pi?fsbn*--s --making claims: against the City -"in'-�dii-,-attempt�--to.-
I
I
J
City Council Minutes
February 21, 1966
Page 5
relations with their citizens.
Mr. J. Estes appeared before the Council stating he did not agree with the state-
ments made by the insurance representative and felt that the City was to blame and
the City or the insurance company should pay for the damages to his property.
' Mr. Houser stated that once the insurance company representing the City had made
their determination the City Council could not pay the claims out of City funds,
but the claimants in each case could resort to civil suit against the insurance
company regarding their claims.
6. The following communication signed by 27 residents of the Am Arbor Estates
Tract No, 317, Unit No. 3 requesting that the City Council take some action to
accept the improvements in Tract No. 317 and to begin normal maintenance as is done
for other taxpayers in the City, particularly street sweeping which has only been
done once since the tract has been occupied.
Mr. Romero, City Engineer, explained that it is the City's past policy not to do
any maintenance work including street sweeping in a subdivision until all Improve-
ments had been completed in accordance with the subdivision agreement.
Mr. Romero recommended that'if at all possible, the City should have the subdivider
complete the improvements rather than attempt to go against the subdivision bond
which is an extremely lengthy process.
Mr. Houser, City Attorney, recommended that the City Council notify the bonding
company to take action to take over the subdivision and to complete the improvements
in accordance with the agreement under the bond:
Mr. B. Minamide, 1764 Jami Lee Court, San Luis Obispo, appeared before the City
Council urging the Council to take whatever steps are necessary to complete the
' subdivision so that the people living in the tract can receive the same benefits
as other residents of the City.
On motion of Councilman Miller, seconded by Councilman Gallagher, that the City
proceed with the action to notify the bonding company•to complete Tract No. 317
In accordance with the agreement and bond. Motion carried,
On motion of Councilman Miller, seconded by Councilman Gallagher, the City Engineer
was instructed to begin sweeping the streets in Tract No. 317 on the same schedule
as other residential areas in the City. Motion carried.
4. Traffic Committee Report of February 17, 1966:
66- 1 -11T. At the Council's request, the Traffic Committee has reviewed the
restricted parking zone which was placed on the south side of Monte Vista running
from California in an easterly direction. We feel that this zone is needed to
relieve congestion on this narrow street, but to clear out some of the all day
parking of students who do not reside'in the immediate area, we suggest that both
sides of Monte Vista other than the red zone already installed be designated as.a
two -hour parking time limit zone from 8:00 A.M. to 5:00 P.M:, Monday through
Friday, extending from California Boulevard to the limits of the City's jurisdiction
on the street.
66- 2 -11C. The Traffic Committee has studied the red zone suggested by Mr. Romero
' for the west side of Higuera in the vicinity of Bianchi Lane. In order to provide
for through traffic flows and a left hand turning pocket for south bound traffic on
Higuera turning onto High Street, W. Romero has recommended that six parking spaces
be eliminated extending from the first space south of Wendy's Cafe in front of the
trailer park to and including the two spaces in front of 296 Higuera Street to the
north. The Traffic Committee has instructed the Administrative Officer to write to
the affected parties, advising them that this will be discussed at the Council
meeting of February 21 and inviting them to attend if they'are interested in making
a comment.
66- 2 -12T. The Traffic Committee has received a letter from Madonna Construction
Company asking that parking be restricted in the alley known as Bianchi Lane so
that their trucks and passenger cars, etc., will not be obstructed coming in and
out of the alley. The Traffic Committee discussed the possibility of restricting
parking ,approximately 75-feet on both sides to a point opposite the rear of the
Cully Manufacturing Company. Once again, the Traffic Committee has instructed the
City Council Minutes
February 21, 1966
Page 6
Administrative Officer to advise the residents or businesses involved, Wendy's Cafe,
and Cully's, so that they can appear and comment if they wish to. Incidentally, in
an informal discussion with.the operator of the Cafe, he didn't see too much
objection to these parking restrictions since there is available parking in the rear.
66- 2-14T. The Traffic Committee has received a request that we consider a yield
sign on Dana at Nipomo. We feel that this is advisable and so recommend. ,
On motion of Councilman Blake, seconded by..Councilman Spring, the following
resolution was introduced. Resolution No. 1527, a resolution establishing.parking
restrictions on Monte Vista, Higuera, Bianchi Lane and Dana Streets.
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
66.- 2 -15C. We have had a request from the Mayor that we consider the problem of
speeding on Chorro in the vicinity of Lincoln. We have no suggestions for corrective
measures other than enforcement of the speed limits on Chorro.
After discussion by the City Council of speed control on Chorro Street, it was moved
by Councilman Miller, seconded by Councilman Spring, that the Police Department .
concentrate on traffic control on Chorro Street for a.two week period and then
report the violations to the City Council after that period. Motion carried.
Mayor Whelchel declared a recess at 9 :30 P.M. The meeting reconvened at 9:40 P.M.
- All Councilmen present. '
7. At this time the City Council continued the public hearing on the matter of
street improvements curb, gutter and sidewalk for H. & L. Morris, 520 Grand Avenue,_
held over from a prior meeting.
Mr. Morris was asking for relief from the payment of the retaining wall placed on
his property which he felt was not needed because.of the street widening.
Mr. Houser, City Attorney, presented a legal opinion that the City Council.can not
pay for all or any portion of the improvements as the City Council had proceeded
under the City's improvement act which is patterned after-the State 1911 Improve-
ment Act and unless the Council went back to all properties on which this act was
enforced to allow the people to appear and ask for relief that they could not single
out this property for such relief.
Mr. Houser stated that the property owner had received the various notices ordering
the work done and did not protest at that time. In fact, the property owner decided
to request the retaining wall in lieu of sloping and therefore must at this time
pay for the improvements.
Mr. Morris stated on that basis while he did not agree with the Attorney's opinion,
he requested that the payments be spread over a three year period.
On motion of Councilman Blake, seconded by Councilman Spring, the following' .
resolution was introduced. Resolution No. 1525, 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
9. Councilman Spring presented for the Council's consideration, a draft of the
proposed lease of City owned property to the San Luis Obispo County Art Association.
City Council Minutes
February 21, 1966
Page 7
Councilman Blake, member of the Council Committee, stated that he felt the proposed
lease of land to the Art Association protected both the City and the Art Associa-
tion and that this proposed lease was being recommended to the Council for their
consideration as prepared by the Council Committee and Art-Association representa-
tives.
' Various members of the Art Association appeared before the City Council urging that
the Council approve the lease as proposed so that the Art Association may begin
soliciting funds to build the necessary buildings on the basis that the land was
available.
On motion of Councilman Blake, seconded by Councilman Spring, that the City Council
adopt the lease in principle subject to further discussion on the terms, restrictions.
length of lease, etc. Motion carried. Councilman Gallagher and Councilman Miller
voting no.
Councilman Miller urged that the City Council hold a public hearing on the proposed
lease with the Art Association so that the public would be aware-of the Council's
plan in leasing City owned property to a private organization.
36. At this time the City Council considered the final passage of Ordinance No. 338,
an ordinance authorizing exchange of real property.
Mayor Whelchel declared the public hearing open.
Representatives of the Downtown Association appeared before the City Council
congratulating them on the foresightedness in acquiring this property'in the heart
of the City for additional needed off street parking.
Mayor Whelchel declared the public hearing closed.
On motion of Councilman Gallagher, seconded by Councilman Blake, the ordinance was
introduced for final passage.
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
36A. Communication from'the Madonna Construction Company requesting an opportunity
to bid on the City owned property on Madonna Rloif put up for public auction was
referred to the City Attorney for explanation of the Council's action on motion of
Mayor Whelchel, seconded by Councilman Miller. Motion carried.
10. We Houser, City Attorney, presented a draft of the feasibility study for
limited recreation on the Whale Rock Reservoir which had been amended as a result
of a meeting between the Mayor and Fish and Game representatives. If approved by
the Council, the amended draft would be sent to the members of the Whale Rock
Commission for their approval and then would have to be approved by the Department
of Finance before being let to bid. The study would be paid for by the State of
California.
' Mr. Houser stated he had gone over these conditions-with the representative of the
Fish and Game Commission and the representative felt the new conditions for the
study were satisfactory.
Mayor Whelchel stated that he felt the City was protected in this study and urged
the City Council to approve the agreement as presented so that the studies could
be made of possible recreation at the Whale Rock Reservoir.
On motion of Mayor Whelchel, seconded by Councilman Gallagher, that the City approve
the conditions of the feasibility report and forward it to the Whale Rock Commission
for their consideration. Motion carried,'
11. On motion of Councilman Blake, seconded by Councilman Gallagher, the following
resolution was introduced. Resolution No. 15282 a resolution authorizing execution
of agreement for census estimate.
City Council Minutes
February 21, 1966
Page 8
Passed: and ::adopted, on the'.:foIlowing!roI--.ljnqAI I Yqtjq:.^ !i..
AYES z-:-Emmons .Blake;. - Frank Gallagher,
Whelchel,, '2Z,
NOES: None
ABSENT-:: -None-,),,:;
::q GY
17. Mr. Romero, City Engineer, reported to the City Council that based on.prior
action of the Council, the sidewalk area in a C-1 zone could be six feet in width
instead--of.:eleven feet and therefore recommended.-that the..City.-Council-,amend,.the,.,
-
building -. setback Iine .of Fooififll7Bc4ileVWrd -between, Santa sR69d-:'dM' Broad Streets to-
allow 1or a.six..fo.ot.esidewalk.-instead.of,.4q. eleven ,foot..sidewalk
On motion of Councilman Miller, seconded by Councilman Blake, the following
resolut,ion.was-introduced..:-FResolution No..1530,-.a-resolution-of.,intention,to.-.,
modify..Section: 30 .4.5,!- SLOMCir.foothill setback.!:.
Passed and adopted on the following roll call vote:
'Emmons Blake, Frank.,qallagher,, Arthur:F.-,Springj.•,_
Donald Q. Miller, •Cleli W."i&lchief:
NOES: None
7 v:�
ABSENT:.
Z-1
On motion of Councilman Miller, seconded by Councilman Gallagher, that the City
again begin negotiations for acquisition,of..land-for.street widenin on-both sides
of Foothill Boulevard between Santa Rosa and Broad Streets. Motion carried. -
32. Request from the7Ci*t'y- E(hplay-iie, Association that" thd-joint7rmeting:be, held...:,
- _' was --- - v -,-" �.. held..; :,•;
with the City Council to discuss wages and working condiiion'i"was''ieierred to the
Council Committee on employee relations;.to meet with the em P elp
p.lpye s' r resent.atives.
..., seconded ._.. . I V . i -,.
and then report to the.City Council on motion of Councilman Miller, seconded by
Councilman Spring. Notion carried.:.
seconded '
On motion of Councilman Miller, se . onded by Councilman -�ring, that copies of the
Administrative Officer's salary survey be forvarded to the Employees'.Association.
Motion carried. Councilman Blake voting no.
12. Communication from Cuesta Junior College asking if the City'douniii could
furnish -untreated,water- to .the.. Reis.., Santa Margarita.
a
Mr:,•,Houser, �City -Atj;qrpeyi statedthat this.could n6t be'.done very':.easily_,as..the
City must get permission: from the, U. S. and. then m6end the-water permit. with,,-
s - - .. ..., , 'a i"_ - .-, jeopardize- - - ; . _ : � _..
t za�;
the State Water Right Board and also dJrid4- `this s -one t might the "'" -,
City's supply.7j?ecause once "ter. is. served to. a, customer.,It. mlnt:::be served in.
- -
perpe,p4ity ,.
7
The City.._, Council, discussed ..the. r6que �.t� of- and-.the'r�port o
.. ... .. I . . . - . _ Cuesta. Collegal' If
Houser and 'on motion of Councilman
Blake ',:seconded by- Councilman. Gallagher- I.t
City_ 4ttorney_yas,-,instructed to notif -:Cuesta College of the Anability: to serve.,..
.. I I - . Y, I., - � . _ I -
water to the Reis site'on'a - firm basis. if at all. Motion 'ciiiiied.
14.'- Pommup-icat.0n. , f rom the C. ..S . _Cons truc t ion. Company requestingi payment of .. al 1
funds being:retained.,qn.the High.Street-..and..Sandercork.Str'eet Projects prior7,'to
completion of seal coat was denied on motion of Councilman Miller,., sec.onde..d_b..Y
Councilman Gallagher. Mr. Romero stated that state policy would release 95% of'the-
funds. in cases- such as.. this.-,-. Motion carried, `�,
15. Communication from C.- S. Construction . Company stating that. they, do. not • f e_*e1
that they were liable for the damage done to the sidewalk at the c6irLir of'Ward 'and
High .Streets was receiv e d.byr.the Citv..Counci
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After discussion it was moved by Councilman -Miller, seconded bj...doxiU �ijmman,Sp An'j,_
that C. S. Construction Company repair these sidewalk defects. Motion carried.
`Q'-:,
7 cic. i -, io r'• C
Communicatidif.-.6om7the City Eagifieer. asking. Counc il'-gdidane0-. on the formation-:
of t'6 South Street Improvement Aisess-m'-'entDis.t'r-ic-t,.7-'- asking
.the City,,Council if-they
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City Council Minutes
February 21, 1966
Page 9
wish cto::proceed on--acnormal assessment' district basis which -would make -the cost .
quite high due to the legal and bonding problems or would the City rather allow•the.
property owners to develop the street improvements with deferred payment over a
period of years and to: - encourage: the : property -.owners to proceed-on(a_ cash :basis.
On motion of Councilman Miller, - seconded by Oouncilman"_Gallagher,:thefCity Engineer;:
was instructed to proceed on a cash basis if possible with a three year deferred
payment. 1plan..if the •property. owners.cso desire._ Motion carried::::: ... o' .
13. Communication from the Woods Animal Shelter, - Society regaesting: that the City.-
Council consider placing a penalty.on dog owners.who.do not.purchase: dog licenses•r.c::)
after a given date.
On motion' of Councilman 1Miller., ,seconded cby = Councilman' Gallagher, the request, of....
the Woods Animal Shelter Society was referred to the City Attorney for. study._and •.
report to the City Council. Motion carried.
20.- On motion of Councilman:Miller';iseconded by•Councilman.GallaPher; the plans;cand .
specifications for installation of traffic signals as presented by the City Engineer
were approved. Motion carried.
22. The matter of.the_ Police Mutual Aid Agreement between the County :of'.:Ssn 'Luis
Obispo and all Cities:'in the County was asked to be dropped from the agenda by the
City Attorney until he has-had-,,an.-opportunity to discuss various problems with the
District Attorney.
31. Mr. Houser, City Attorney, presented for the Council's consideration a proposal
from the State Department of Justice to represent the City of San Luis Obispo as a
co- complainant in the Concrete and Steel Water Pipe Antitrust Cases.
Mr. Houser recommended that the City approve this request as they may share in any
fines levied against the pipe companies from whom the City has purchased pipe.
On motion of Councilman Gallagher, seconded by Councilman Miller, the following
resolution was introduced. Resolution No. 1529,'a resolution authorizing the
Attorney General of California to conduct legal proceedings.
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
40. At this time Mr. Houser, City Attorney, brought to the Council's attention the
matter of legal fees for representing the City in the suit by former owners of the
property on which the recreation building sets. Mr. Houser stated he was prepared
to represent the City on this matter at the usual fee schedule used by the City in
the past, that is $250.00 retainer and one half the normal bar fee for court
appearances.
Councilman Blake stated
association rates when
City and not expect to
Mr. Houser stated that
day's work, therefore,
day's pay.
that he felt that the City should pay the full normal bar
retaining Mr. Houser to do additional legal work for the
pay at a reduced rate.
he felt he was already being paid by the City for a half
he should only charge the City for the extra work or a half
On motion of Councilman Miller, seconded by Councilman Blake, the request was
approved. Councilman Blake voting no.
41. Mr. Houser, City Attorney, stated that he was preparing the proposals to be
presented to the voters to amend the City Charter dealing with salary increases for
the Mayor and Councilmen and stated he wished guidance as to the amounts to be
considered.
After some discussion by the City Council, it was moved by Councilman Miller,
seconded by Councilman Spring, that the City Councilmen would receive $150.00 per
City Council Minutes
__1 j
February 21, 1966
Page 10
month and,, that the; Mayor would! receive-c$150.00 more -:than the.- Councilmidn :, -):Mo.t ion
carried.
42. tCommuiLication from-:John R;! Ross ..,-repres.ent.ing_Cz',:F; -.Hamlin;! 1767 ConeJ6,•Street.-G
asking Council permission to encroach a small retaining wall in the sidewalk area
iii: 'order '_to-.0fotect a _small :'treeallocated, id th&:right of:,� ay. ared.-,z.7 7.,;
J:
Mr. Romero, City Engineer;-.explained, that.-the, proposedw.wa-11 _woul.d_,b;e1 61ilyzfou. feet
from the curb face and would have to be removed if a standard sidewalk were ci
stru.cted Aix the':'future;', if the 'property r,,-is 'willing : tb assume -this: -'risk-,-and
coven.ant,:td remove them.w.alli_ Mr.. oRiomero-had-no: objection.,
On motion of Councilman Blake, seconded by Councilman Miller, that the request be
approved 1-for-a• St:. Patrick .s .Day-- -arade.-tobd -he-ldon..Ma:Cch1-.L7,,-..:71'96§i:.at- 4.:0O:,T.;M;j
Mo t ion, c airied - 17_ z
On motion of Councilman Miller, seconded by Councilman Gallagher, the meeting
adjourned. to"J7:00--A.M.,-fMarcti-7:1;:1966.'at:,CoreoriLn'.s.iRistaurgiiit,,;.-:,,:: :<<; : :c -0
APPROVED Mirc If 1966:-
FITZPATRICK*: cvid.j
"11D -,:cCITY CLERK
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