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HomeMy WebLinkAbout09/06/1966REGULAR MEETING OF THE CITY COUNCIL September 6, 1966 - 7:00 P.M. CITY HALL Roll Call: -' Present:- Em@oas Blake, Frank Gallagher, .Art hur F. Spring, Donald Q. Miller, °Clell W. Whelchel - ' City Staff Present:, J. H. Fitzpatrick,. City Clerk; R.,D. Miller, Administrative Officer; Battalion Chief M. F. Dixon, Fire. Department.;_.. ..__. Ervin L. Rodgers, Police Chief; D. F. Rcmero, City Engineer. On motion of Councilmaa.Gallagher, seconded by Councilman Spring,.the- minutes -of the meeting of August 15, 1966 were approved. Motion carried. On motion of Councilman Blake, seconded by Councilman Gallagher, claims against the City for the month of September 1966 were approved subject to the approval.of the_ Administrative Officer, Motion carried. 1. Communication from the Economic Development Committee of the San Luis Obispo. .. Chamber of Commerce regarding-the entrance of the State of California into the field of metal office furniture manufacturing was continued to October 3, 1966 on motion of Councilman" Gallaaher,.seconded by Councilman Blake. Motion carried. 2. At this time the City Council considered a communication from John L. Seitz complaining about .noises and commotion to adjacent properties by patrons of.the_. Pizza Pantry located at 684 Marsh Street. Also a communication from W. R,'Predman, representing Mr. Collins of the Pizza Pantry ' Pantry, stating that he is running the business to the best interest of all concerned. and that his client cat not be responsible for nuisances caused outside the premises. Communication from B. S. Crossmaa, Acting City Attorney', to the"City Council stating if the City Council feels that the existing operation is in violation,.then the City Council may revoke its order issuing the license for such business if-and when the Council determined they had jurisdiction: Mr. Crossman continued that he also felt that many of the offenses alleged to take place in the vicinity of the Pizza Pantry may be more of a private violation than a public violation and if so, the injured property owners have the right of civil suit, and under no condition can the City Council revoke a business license without first holding a public hearing. A petition signed by 31 residents and property owners in the vicinity..of the Pizza Pantry requesting that the City Council take some action to force the operator of the business to control the nuisance being committed by these people. M. William Fredman, attorney representing the Pizza Pantry, appeared before the . City Council stating that he- agreed with'the City Attorneys interpretation that the City Council could only consider this matter at a public bearing but.he felt that they had no jurisdiction in this matter as the license was issued by their order. Further, he stated.that he felt that this was .a private matter and that he and his client stood ready at any time to discuss this matter with the property owners and to go to civil court and settle any complaints. Mr. Fredman continued that his client, Mr. Collins., wished to cooperate with the City authorities in any way and that they were trying - -to operate the business in a decent way and in no way wished to annoy their neighbors. Police Chief, E. L. Rodgers, presented a letter for the Cduucil's information dated August 6, 1965 from Mr. Seitz relative to these and similar problems at the.Pizza Pantry. Chief Rodgers continued that since the last council meeting he felt that the owners had made an attempt to control their patrons as they have a uniformed officer on duty during the periods when the dancing and entertainment ie going on, City Council Minutes September 6, 1966 Page 2 Mr, G. White, owner- Operator of the Rancho San Luis Motel, complained to the Council of high speed traffic, noise, etc., in the vicinity of his motel on Marsh Street which he felt was caused by customers and potential customers of the Pizza Pantry - looking for.places to park. He also felt that the patrons of the Pizza Pantry were the ones that used the street for a drag strip. Mrs. Murphy, representing the'Jack Estate, complained of nuisances committed on her property by-Pizza Pantry,dustomers. Mr. F. McNamara, owner of the Mid Town Motel, again appeared before the City Council comp awning of the.:7roblems of noise and other disturbances caused by patrons of the Pizza Pantry to tenants of his motel. Mr. Fred Duncan, employee of the Pizza Pantry, stated he felt that the high speed traffic problem was a common one for the City of San Luis Obispo due to the lack of enforcement officers and to the large majority of young people attending the..High School and colleges of the area who cruise the streets. Mr. Duncan continued he felt that Mr. Collins was attempting to operate a decent legitimate business and one that was needed in the community for the young adults and he stated as an employee of the establishment that their instructions were to keep the situation in control inside the building and to inspect identification cards so that only persons of legal age could partake of alcoholic refreshments. Councilman Gallagher stated that after looking into the matter, he felt the City presently has no control over this type of operation'and felt that sometime in the future the Council should consider the adoption of some ordinance to control noise.and disturbances to adjacent property owners. Councilman Blake stated that since the last meeting he has personally investigated is genera area and felt that the Pizza Pantry operator had taken steps to control it and to reach a solution to the problem. Mr. T. Collins, operator of the Pizza Pantry, appeared before the City Council an explained to +the City Council his operation in inspecting indentification cards and attempting to keep underaged youngsters out of the beer drinking area. Furthur, Mr. Collins stated that he had been complimented by agents of the Alcoholic Beverage Control Department on the type of good operation he was running at his establishment. Ma or Whelchel suggested that a final determination on this matter be continued until an opinion is received from the City Attorney as to the jurisdiction of the Council in this matter as.to the possible revocation of the business license. The matter was continued to September 19, 1966. 3. On motion of Councilman Gallagher', permit was grantees e.standlng Higuera Street. Motion carried. . seconded by Councilman Spring, the use, sign for Weaver Motors company at 1166 4. Communication from Peter F. Ferrero offering to trade or sell his property at 864 Osos Street for property owne y the City was ordered received and filed and Mr. Ferrero was to be notified that the City is not intrested in acquiring his property. 5. Communication from the Count Health Department requesting funds for additional control of an aquatic inset G problem at aguna Lake. The Health Depart- ment proposes to use two seperate chemical treatments to be sprayed on the lake surface by a helicopter. Mr. Miller, Administrative Officer, explained to the City Council the work done tom on this problem at Laguna Lake and stated he felt the City should proceed and-help to clean this problem up. on motion of Councilman Miller,.seconded by Council Gallagher a request of the Health Departmen was approved limited to §300 with the State Staff to supervise. Motion carried. 1 1 1 City Council Minutes September 6, 1966 Page 3 6. on motion.of Councilman Spring, seconded by_.Councilman Miller, Mr. Alfred Gross, 1461 Mill Street, was appointed to the vacancy on the City Traffic Committees Motion carried. 7. Communication from Ward McBraver and Kathleen HaBraver- notifying the City Council that they had purchased the Yellow Cab Company- and- Frandhise in the City and asked ' that the certificate in the name of Jack Hathaway be transferred to them. Further they informed the City Council.that Mr. John Axman was no longer connected with the M P Cab Company and asked that their certificate be amended and be in the name of Ward and Kathleen &Brayer,only. Mr. McBrayer stated he planned to keep"all the'cabs blue and white with the exceptior of one which would be painted yellow in order to keep the national franchise granted by the Yellow Cab Company. Mayor Whelchel stated he felt personally that all the cabs operated in the City should be painted one color for which he had no preference and further felt that all cab drivers should be in uniform. - -- Councilman Spring stated that he also felt that all the cabs.should be one color scheme and also that the drivers should be in a neat uniform bu_t.felt that the matter of cab stands should be considered by the Councilmon an individual basis. Councilman Blake asked could the City grant an exclusive franchise in order to'avoid past problems with more than two operators doi.ng.business'in the City. Mr. Blake also stated that he was in -favor of all the.cabs -being one.color. Mr. Blake was informed, that the City could not-grant an exclusive franchise for taxi operation other than what was provided in the original cab ordinance, and the existing operator could be given first, choice on any expansion required by the addition of extra cabs. Councilman Gallagher stated he had no objection to more.than one color scheme on the cabs but he did feel the drivers should be in distinctive uniforms. Councilman Miller at that he felt there should be one consolidated cab operation personally he had no preference of color and felt it was up to'.the owner and felt that the drivers should be in uniform and that when the color scheme was decided upon by the operator, that the cabs be painted_ at such a time.as they were needed on an individual basis. The City Council then discussed with Mr .. McBrayer possible completion of color schemes for the cab operation in the City, on.motion of Mayor Whelchel, seconded by.Councilman Miller; that-the Certificates of Public Convenience and Necessity for the'A&M Cab'Company and the Yellow Cab Company be transferred to Ward Wrayer and Kathleen XcBrayer,'that the McBrayers be given,.15 mouths.to have the cabs.painted. one color, color to be the choice of the McBrayers and the drivers to be in uniform. Motion.carried. -• - -- Mr. Wraver brought to the Council's attention the fact that occasionally cabs operated by out of City companies..were picking up passengers within the City at cut rate prices and felt that he should have some protection on this problem. The City Clerk was instructed,.by the City council 'to write the offending cab.,*— companies notifying them that they were operating in the.City without a license-and in violation of the Municipal Code and to cease such activities. 8. - Communication-from the C. S. - Construction.Compe -requesting -an extension of time for the Street Resurfacing Project, 4S -79 due to various changes in the contract and delay in materials delivery. ' Mr. Romero, City Engineer, recommended that the contraci--time- be-extended'as requested to September 9, 1966. Extension of time was approved on motion of Councilman Gallagher, seconded by Councilman Miller. Motion carried. City Council Minutes September 6, 1966 Page 4 9. Communication from the Planning Commission recommending that the request of Crocker- Citizens Bank on behalf of the Motel Inn owners for abandonment of Monterey Street in front of the Motel Inn be approved subject to the retention of an easement for the existing water line. On motion of Councilman Miller, seconded by Councilman Blake, the following resolution was introduced. Resolution No. 15'9-5'.--a resolution of intention to abandon a portion of Monterey Street. , Passed and adopted on the following roll call vote: AYES: Emmons Blake, Erank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None X. Mayor Whelchel introduced Mr. F. Wallace, the new manager of the Chamber of Commerce and Economic Development Director for the City of San Luis Obispo listing some of the past assignments held by Mr. Wallace and explaining the cooperative appointment by the City and the Chamber in order to encourage the Economic Develop- ment Program of the City. 10. The following communication from the Planning Commission recommending against the rezoning of property located at the rear of 951, 963 and 975 Foothill Boulevard for the following reasons: (1) Not a_ logical extension of C -1 zoning. (2) Rezoning would penalize adjoining R -1 development. (3) Would add to traffic problems in this area. (4) Additional commercial development in this area would be a direct threat to the C.B.D. There was considerable objection to this proposal from adjoining property owners on the grounds of: (1) Increased traffic congestion on Chorro Street. (2) Rezoning would lead to increased taxes on adjacent homes. (3) This would be an encroachment of commercial property in a single family area. (k) There is adequate C -1 zoning in the area to handle neighborhood shopping needs. (5),It would not be ethical for the City to receive a donation of land for widening in exchange for a rezoning. Mr. Kenneth Schwartz , Chairman of the Planning Commission, appeared before the City Council and explained the reasons for the denial of this rezoning request by the Commission. Dr. A. Clawson appeared before the City Council urging that the.City Coun633:, bppose any change in zoning in this general area due primarily to the increased traffic that would be generated, the deterioration of a £ime residential neighbor- hood, that there is too much commercial zoning in the area at the present time and that this would be an encroachment•in the center of a residential area. Mr. H. Carr appeared before the City Council urging that they not consider ' this rezoning on the basis of increased traffic, narrowness of streets, and encroachment of commercial into a residential zone . On motion of Councilman Miller,, seconded by Cohncilman Spring, that the City Council accept the denial of the rezoning by the Planning Commission and pro- ceed with the widening of Foothill BoYlevard under a restricted policy. Motion carried. 9:00 P.M. Mayor Whelchel declared a recess. The meeting reconvened at 9:10 P.M. with all Councilman present. 11. Communication from the Planning Director reporting to the City Council on the activities of his office regarding student housing occupancy rsstrictions in the zoning ordinance•to multiple dwellings in the City. Mr. Chapman reported that 12 operators have received use permits for student occupancy, 10 have reported that they do not rent to students, but that 91 properties should be inspected to determine compliance with the zoning ordinance. 1 7 I 1 i City Council Minutes September 6, 1966 Page 5 Mr. Chapman suggested that this'.Laspection be made a'month after•Poly opens if the enforcement of the ordinance:fs to be' 'effectine:.. Mr. Chapman suggested that the City Council hire a part time employee to conduct this survey. After discussion of.the recommendation by the City Council, the City Staff was requested to follow up on the recommendations.'and the matter to be continued to the meeting of October 17, 1966. 12. Communication from the Planning Commission recommending that the City Council adopt the amended General Plan. This is the General Plan discussed with the City Council at past study sessions and on which the Planning Commission has held a public hearing at which time no.ob.jections were registered to the proposed amend- meats. ... .. The Planning Commission recommends that the City Council hold a public hearing on this plan as amended and then refer it to the County Board of Supervisors to also adopt the plan as amended. On motion of Councilman Miller, seconded by Councilman Gallagher, that the City Council hold 'a public hearing on the General Plan at 8:00 P.M. on.Monday, getebe0102FOr�1M 17, 1966. Motion carried. 13. Communication from the Planning Director notifying the City Council that the supply of Industrial Economic Surveys prepared by Hahn Wise and Associates in 1963 under, the 701 Program is practically exhausted. He stated that H. Wise and Associates could reprint the 1963 report for approximately $1.00 per copy. W. Chapman continued that the Planning Consultant "could update the report for- approximately $1,200. to $1,400 including printing and he would so recommend to the City Council. The request for updating the Industrial Economic Report was referred to Mr. F. Wallace, City Director of Economic Development,"for comment and report back to the Council at the October 17, 1966 meeting. 14. Mr. Romero, City Engineer, presented for the Council's consideration plans and specifications for installation of the sewer line on Prado Road to serve the Standar2 Oil Company Service Station to be leased from the City. Mr. Romero explained the various construction details shown on the plans. On motion of Councilman Gallagher, seconded by Councilman Spring, the plans were approved but not to be advertised until the lease is signed by the Standard_Oil Company. Motion carried. 15. Mr. Romero, City Engineer, presented plans and specifications for the construc- tion of a parking lot at the rear of the City Recreation Building as requested -by the City Council. Mr. Romero stated that the estimated cost would be $2,600.00 and that it would_ provide 22 spaces for parking. On motion of Councilman Miller, seconded by Councilman Gallagher, the plans and specifications were approved and the City Engineer was authorized to proceed. 16. Mr. Romero, City Engineer, presented for the Council's'sonsideration plans and specifications for resurfacing local streets as provided in the 1966 -67 budget. Mr. Romero stated that the estimated cost of said resurfacing would be approximately. $32,000. On motion of Councilman•Miller, seconded by Councilman.Gallagher, the plans and specifications were approved. Motion carried. On motion of Councilman Miller, seconded by Councilman Spring, that the Mueller property on Beebee Street be_allowed.an exception on sidewalk from 10 to 6 feet. Motion carried. City Council Minutes September 6., 1966 Page 6 17. On motion of Councilman Gallagher, seconded by Councilman S2ring, the following resolution was-lntroduced ":'Resolution No;: 1596" a!;resb1ution:- authorizing the Mayor to sign the Utill!F-'A—greement-,for:relocation of..the water line. Passed and adopted on the following roll call vote: AYES: . Emmons. Blake' - - ,Frank" Gallagher.- Arthur 7--:-,Sprifig;:c _-'--�:Dmiald Q*-'Millef! Clell-W;'Whelchel. 7 :j NOES: None ABSENT.--, None :._.:. Q: 18. bn- motion-,of r Councilman• seconded by-Councilman Galla&')ier-,',-, the ing Ordinance was introduced for final passage, Ordinance No, 353., an-: ordinancii7�,'!' levying a tax for the current 1966-67 fiscal year upon 41 Uaxa property with- in the City-of San'•Luis 'Obij6p6% Andnf-I'Joini-g the rate of, such- tax.,13:- Finally passed on the following roll call vote: -_4 - -Gall_ aghbr* -Arthux,&S pring.4 -Donald Q. Miller, CV0.1 W; Whelchel 1 L NOES: None ABSENT Vone-'; IL 19, On moticn •6f:-Coun"*c.i3.man'Bla";'isecondeiI by.Cquh61lfhan:,Sprih i-thblfollowing:' resolution was introduced. Resolution No. 1591., a resolution increasing the 1966-67 budget,.:J-! :w:'-' J*: `Passed and adopted on the following roll call vote: I% e< AYES; Emmons:-'Blaks'7 Frank - Gallagheri-I Arthur.: . F:.-'.. Spri'ng '-ODanald"Q:::-Miller Clell W.--Whelbhel NOES: None ABSENT- -None--:-? , 20. The City Clerk reported the following bids received for Municipal Parking Lot No. 11 7 BMM-'CONSTRIJCT-IONI-CCMPANY-I--.-_,;4f% .$12'.91i3.7 P..''O. Box ­ 957 San Luis Obispo., California I",::: r 01=At- AND-, SON;"--- -- 315 9" San Luis Obispo, California C.'- Su * -CONSTRUCTION:', COMPANY, P. 0. Box Box 24 7 Pismo Beach., California TED-WATKINS CONSTRUCTION. 16 'O1-17*5O-'J'_'_. > 7:7;: P. 0. Box 1380 San Y--,Califbh2iaj"- Z 0% 3 U .; Luis: Ob'isT;o' Z L GUIDO 0. FERMI 169379,00 P.O. Box•558 Santa Maria,, California MADmu_.coNsTnuqTipN- COMPANY " lm-7,9 9.79-.5P P. 0. Box 910 7 k' -y. San Luis Obispo, California T On motion' of:Cbuifci1T9m . da11ag ' r,. 'se c- 6idea by- Counc il-a—'Bli0--thd- lbv bid of. Burke Construction Company was accepted. Motion carried, 1 11 City Council Minutes September 6, 1966 Page 7 21. The City Clerk reported on the following bids received to supply two motor scooters to the City of San Luis Obispo. . Item 1 Item 2 POWER LIFT COMPANY $1,460. $299209 Oxnard, California GRAY LIFT, INC. 1,625. 32250, Fresno, California On motion of Councilman Gallagher, seconded by Councilman Spring, the'low bid of Power Lift Company was accepted. Motion carried. The Administrative Officer was requested to investigate and see if the motor scooters being traded in were in any better condition than the motor scooter in use at the sewer plant. Y, The Commander of the local post of the American Legion introduced-Mr. Robert Patterson who is chairman of the Legion's local law'and order committee in. augarated to perpetuate respect for law and order and to cooperate with the Civil Defense authorities in order to help law enforcement personnel in the City and County in case of a national disaster or emergency. Mr. Patterson stated he was working very closely with the City's Director of Civil Defen . Mr. Patterson also announced that on November 1, 1966 the local chapter of the Veterans of World Wa]r 1 will hold a celebration honoring the Veterans of World War 1 to which all will be invited to participate. Mayor Whelchel thanked the legion Commander and Mr. Patterson for their cooperation with Civil Defense, 22.. On motion of 'Councilman Gallagher, seconded by Councilman Miller, the following contract payments were approved and ordered paid. A -1 ELECTRIC Traffic Signal Installation Est. # 4 (85% complete) $5,718.96 WEST COAST CONSTRUCTION COMPANY Est. #3 (62p complete) 11,913.62 Edna Road Sewer Project (C.O. #1 $39088.58) C. S. CONSTRUCTION COMPANY Est. #2 (90% complete) 21,793.62 Street Resurfacing SS -79 WEST COAST CONSTRUCTION COMPANY Est. #400 complete) 133547 E1 Centro Way Drainage WEST COAST CONSTRUCTION COMPANY Est. #5 (100% complete) 1081.80 E1 Centro Drainage Motion carried. Mr. Romero, City Engineer, recommended that the contract payments be made but that on the El Centro Way Drainage Project West Coast Construction was ten days over the completion date and he recommended that the City withhold $500 liquid - ation damages on this project. Mr. Romero read a letter sent by his office to the West Coast Construction om�tifying them in sufficient time to complete this project and avoid any delay. Mr. Romero then presented a letter from the West Coast Construction Company listing the reasons they felt that they were entitled to additional days for work on this project. On motion of Councilman Miller, seconded by Councilman Gallagher, that the City Council enforce the liquidation damages and delete 1900 from the contract payment for this project. Motion carried. City Council Minutes September 6, 1966 Page 8 23. Communication from Dr. F. R. Mugler notifying the City Council of the' hospitalization requiring sick leave in'excess of four days for Mrs. Laura Gill. Sick leave authorized for Mrs. Gill on motion of Councilman Gallagher, seconded by Councilman Miller. Motion carried. 24. On motion of Councilman Miller, seconded by Councilman Gallagher, the Mayor was authorized to accept and record the following deeds on behalf of the City of San Luis Obispo, 1. Grant Deed and Agreement from San Luis Obispo Lodge # 1401, Loyal Order of Moose., for connection of their building to the sewer main at no cost to the City and street widening on Orcutt Rodd. 2, Grant Deed and Agreement from Teresa C. Gilardi for construction of curb, gutter and sidewalk and street widening on Santa Rosa Street. 3, Grant Deed and Agreement from C. R. & A. G. Easter for curb, gutter and sidewalk on Orcutt Road. Motion carried. 25. R. D. Miller, Administrative Officer, announced the appointment of Marian Willis as stenographer in the City Engineer's Office effective September 1, 1966 at $375 per month subject to a probationary period of one year. 26. Mr. Romero, City Engineer, presented the City Council with a progress re- port on street widening on Foothill Boulevard to Santa Rosa. Santa Rosa Street, west side Palm to Monterey Street, Gilardi agreement and grant deed signed, work to be completed this winter. Mrs. Barcellos is ready to sign the deed and agreement but stated she is unwilling to leave any portion of her building projecting into the City right of way and insists that as part of the widening her porch be reconstructed to the new property line. Mr. Romero stated he had received informal estimates, the lowest of which would be 1,200, to cut the porch back and then Mrs. Barcellos would sign the grant deed and agreement. On motion of Councilman Gallagher, seconded by Councilman Spring, that the City Engineer proceed with the contract to cut the porch back to the new property line. Motion carried. 27. Police Chief Rodgers reported to the City Council on the results of the Police Lieutenant examination held to fill the vacancy of Lt. Malmen who had resigned and since that time another resignation was received from Lt. Bishop. Therefore, Chief Rodgers recommends that Sgt. Sperlo be promoted to lieutenant effective September 6, 1966 at step 4 $710 and that Sgt. Morris be promoted to lieutenant effective September 16, 1966 at step 4 710 per month. Chief Rodgers then stated that there were still eligible candidates for sergeant from the prior examination list and recommends that Officer Quinn be promoted to sergeant effective September 6, 1966 at step 4 $635 per month and that Officer Morrissey be promoted to sergeant effective September 16, 1966 at step 4 $635 per month. R. D. Miller, Administrative Officer, stated to the Council that he concurred in the recommendation of Police Chief Rodgers for these promotions. R. D. Miller requested that the City Council grant the salary increase to ffic�oerntlein to Step 2 at $521 per month, effective October 1, 1966. Salary step increase approved on motion of Councilman Gallagher, seconded by Councilman Spring. Motion carried 28. Communication from W. R. Fredman on behalf of Pacific Western Contractors Association developers of Madonna Road Plaza notifying the City Council that they have exhausted all means of acquiring an easement for road and sewer purposes across the easterly portion of the adjacent real property owned by Mrs. Rosa Leal. 1 1 City Council Minutes September 6, 1966 Page 9 He stated that the developer's proposal included the development of the road, sewer and other utilities at no cost to the land owner. Therefore on behalf-of the developers; W. Fredman' requested that the City-of San Luis Obispo take whatever steps are legal-and proper to assist in providing road, sewer and utility access of a sufficient portion of Mrs. Leal's property to assure proper development of their property and adjoining land owners. On motion of Councilman Spiins;'seconded by Councilman Gallaghe r - ,.that the acting City Attorney, B. S. Crossman, be authorized -to proceed with the necessary steps to acquire an'easement for road and sewer purposes- on•the Leal property. Motion carried. 29. The City Council adjourned to an executive session to discuss potential property acquisitions subject to- litigation._.... - ......_. 30. On motion of Councilman Gallagher, seconded by Councilman Miller, the meeting adjourned. :. ... r Approved: September I9, 1966 CITY CLERK U