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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 ., •:-: -J a.,ti.. _.. ....:f .. ',i ,.•_ r 1:.h.]i!' •. f. Y: •. ..,T.. 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. r, yy 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 _. .. _. .:f ::v_ 1 1 1 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 .1 L 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 I I I i 1 �J 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 "I.. *S a........ ac, j. r. n I "S 3 710', L Q 'A C 7 o 2 v :;.i P %��:.u' iI I I