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HomeMy WebLinkAbout04/03/1967City Council Minutes April 3, 1967 Page 2 the City for the month of April 1967 were approved subject to the approval -of the Administrative Officer. Motion carried. 1. Mr. Bud Hoffman, representing the Pacific Gas-.,.and Electric Company, presented the City Council with the annual franchise payment for the year 1966 in the amount ' of $8,980.48. Mr. Newby, representing the Southern Counties Gas Company, presented the City Council with their annual•.franchise payment for the year 1966 in the amount of $19,741.38. - 2. Jack Reineck, Walt Conwell and Ralph Taylor, Senior Architectural Students from Cal Poly, appeared before the City Council asking for contribution by the City of San Luis .Obispo to match funds pledged by the America the Beautiful Fund of $1000. The money will be used to make further design studies to update the Mission Plaza Plan. The men will work under the general supervision of the Faculty of the Archi- tectural Department at Cal Poly. The plan is to prepare preliminary designs and sketches, with options, of both public and private properties. The students estimated that if the funds from the America the Beautiful Fund are received and if the City and property owners match the grant, they will start immediately and will have their report, plans and drawings completed by June 1, 1967. Mayor Whelchel stated that he felt this proposal was a good one and was needed to supplement prior studies of the Mission Plaza Plan as it would include designs and development plans for the privately owned properties in the Mission Plaza block. He suggested that the City contribute $750 and the property owners $250. Councilman Gallagher suggested that the City Council donate $500 and the property owners put up $500 as part of the proposed study will be made for development and improvement of private property. Councilman Spring suggested that the City start with $500 contribution and -if the private property will not come up with the balance then the City can make up the difference. Mayor Whelchel stated that money promised by the America the Beautiful Fund has a deadline of April 10, 1967 and this does not give the students time to come back to the Council for additional funds. Councilman Miller stated that he agreed with the- Mayor and that the City contribute $750. Councilman Blake stated that he had seen some of the preliminary sketches prepared by these students and felt the project was worthwhile and that it was a program to tie in the publicly owned property and the adjoining property in a comprehensive design plan. On motion of Councilman Miller., seconded by Councilman Gallagher, that the City Council grant $750 to this project to be paid by voucher, and the students to coordinate with City Engineer Romero and Planning Director, R. D. Young. Motion carried. 3. Communication from Lane's Barber Shop and Victorino's Beauty Salon requesting a variance to install an oversized sign on the roof of a building in the Polin Shopping Center. Mayor Whelchel explained that this proposed sign is in violation of the new sign ordinance being proposed to the City by the City Council Sign Committee. Mayor Whelchel explained conditions being proposed for roof signs. He recommended that this permit be denied as it was in violation of the existing emergency ordin- ance and the proposed new.sign ordinance. Councilman Blake agreed with the Mayor that this requested sign is in violation of the existing sign ordinance. On motion of Councilman Blake, seconded by Councilman Miller, that the request for a variance be denied. City Council Minutes April 3, 1967 Page 3 Mr. Gene Laird, representing Santa Maria Neon Sign Company, appeared before the City Council hoping that the City. Council would reconsider their motion which would allow these people to have a large roof sign to advertise the business. Mayor Whelchel discussed with Mr. Laird various proposals for sign controls being recommended by the Sign Committee in the new ordinance. Motion carried. , 4. Communication from the San Luis Coastal Unified School District regarding improvement of the railroad property on San Luis Drive across from the School District property. Mr. Romero, City Engineer, explained the School District's desire for full . improvements, pointing out that if curb were placed on the westerly side, it would be necessary to acquire 6' additional land from either the railroad or the School District. Mr. Romero pointed out that installation of curb and gutter would result in a much better installation. The City Council discussed the matter and felt that it would be to the City's advantage to place curb, gutter and sidewalks on both.sides of San Luis Drive in order to protect the new street paving being put in by the City. The matter was continued to the meeting of April 17, 1967 and Mr. Romero, City Engineer, was asked to contact the School District to see if they would be willing to grant another six inches of land in order to put the curb and gutter on the City owned right -of -way on both sides of San Luis Drive. 5. Communication from San Luis Coastal Unified School District regarding cooperative curb, gutter and drainage improvements between the School District and the City in front of the Hawthorne School site on Story Street between Branch and Sandercock Streets. Mr. Romero, City Engineer, explained that the Public Works Department often participates in the cost of curb and gutter removal where the irregularity of the gutter creates puddles in the street. In this particular case, the irregularity is borderline, therefore, he desired that the City Council make the determination to spend approximately $500.00 for the City's share of the improvement. After discussion by the City Council it was moved by Councilman Miller, seconded by Councilman Gallagher, that the City participate up to one half the cost of curb and gutter construction only. Motion carried. 6. City Attorney, H. Johnson, reported to the City Council on the situation regarding the subpoena filed by Peter Kardel against the City for access to Whale Rock Operating records. Mr. Johnson explained that the deposition of Mr. Thompson had been taken as scheduled on March 30, 1967, at which time he was present to represent the City on the matter. The motion of the City to quash the Subpoena resulted in a court detemination that the matter was relevant and material to the DeVaul action, therefore justifying the considerable staff time devoted to identifying the records sought and answering questions regarding their contents. 7. Traffic Committee Report of March 28, 1967. 67 -4 -1C. On the request of Hawks Interiors for a two -hour time limit on Nipomo between Marsh and Higuera, the Traffic Committee has looked at this and feels that this type of zone would be in order, including the all night parking prohibition, and we so recommend. It is also suggested that the red zone on the west side of Nipomo north of Marsh, which is no longer needed for right hand turning movements since Marsh is now a one -way street, be eliminated. 67 -4 -2T. It appears that it will be.a few months before the traffic signals can be designed in connection with the pair of one -way streets on Pismo and Buchon,' and it is therefore recommended that the one -way streets be installed with stop City Council Minutes April 3, 1967 Page 4 signs in the meantime so that motorists may become acquainted with the changed traffic pattern before the signals are installed, four way stop on Buchon Street at Santa Rosa and Nipomo Streets. 67 -4 -4T. A hazard has been called to our attention on Beebee Street caused by west bound motorists on Branch and Sandercock sometimes failing to make a safe turning movement onto Beebee. It is recommended that stop signs be installed ' on Branch at Beebee and-on Sandercock at Beebee. On motion of Councilman Miller, seconded by Councilman Gallagher, the following resolution.was introduced. Resolution No. 1680, a resolution setting a two -hour zone on Nipomo Street, rescinding a red zone on Nipomo Street, establishing stop signs on Nipomo Street and Santa Rosa.Street, and establishing stop signs on Branch Street and Sandercock Street. 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 67 -4 -3C: In regard to the Santa Rosa - Murray intersection, the Traffic Committee strongly feels that traffic signals are needed at this location and if the Council has no objection, we would like to have a Resolution from the Council urging that the State allow the City to install signals at City expense. If this move is unsuccessful, as have been past attempts to achieve satisfaction from the.Division of Highways, it is suggested that the Council then contact our Assemblyman and State Senator in.a further attempt to achieve our objective. ' On motion of Councilman Blake, seconded by Councilman Miller, the following resolution was introduced. Resolution No. 1681, a resolution urging.that the State allow the City to install a traffic signal at the intersection of Santa Rosa Street and Murray Street. 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 8. At this time the City Council considered the request of the Downtown Association on the Council's use of Parking District Funds for the purchase of other than Parking District properties. The Downtown Association stated they felt that the purchase of the Cornet building by the City Council with Parking District Funds and then not improving the property for a parking lot was a breach of faith between the bond holders and the.City Council and felt that this would jeopardize the credit standing of the Parking District. They therefore asked that the City Council clarify the use of Parking District ' Funds for everyone concerned. Mr. Johnson, City Attorney, explained to the City Council the flow of funds for the Parking District Operation required by Resolution No. 753 (1961 Series). Mr. Johnson explained that after the funds had flowed through the various accounts in the Parking District Fund that any funds left over could be transferred to any General Fund of the City and used for any lawful purpose. R. D. Miller, Administrative Officer, explained the practical method of controlling the funds.in the Parking District in accordance with the provisions of.Resolution No. 753. City Council Minutes April 3, 1967 Page 5 Mayor Whelchel stated that other City funds have been used by the City Council to acquire off street parking facilities for the City'of San Luis Obispo. He gave as an example the acquisition of the property for Parking Lot No. 11 which was paid for out of other funds in the amount of $130,000. and has not been paid back to the City by the Parking District. The Mayor explained that the Parking District generates enough revenue each year that after paying the bond principal and interest and a portion of the maintenance 1 and operation that a small amount is left over each year for capital acquisition but that if -.the -City Council - were to wait for this fund-to build up there would be a lot less parking lots in town -than exist at the present time. The Mayor explained that it has been the past policy of the City Council to purchase parking lot land out of whatever funds are-available when--the land - becomes available. Mr. James McDonald, Downtown Association President, asked for detailed information on the uses that Parking District Funds may be put. R. D. Miller, Administrative Officer, explained that after deducting amounts needed for bond redemption and interest and parking meter operating requirements, the balance was transferred to the off street parking reserve each month. If sufficient monies were available at the end of each six month-period, the City reimbursed itself for enforcement expenses. The remaining money in the reserve had historically been reserved for parking purposes. Some monies were loaned to the water department to help finance overcosts on the Whale Rock project, but these had all been paid back. Mr. Miller said he felt that the group was really criticizing Council policy rather than the legality of their actions. Harold Johnson, City Attorney, again explained in detail the provisions of Resolution No. 753 regarding the flow of funds through the Parking District Account. Councilman Donald Q. Miller stated that the issue here was not what funds were being used by the City Council but what was the City Council going to do with the Cornet property. Was it going to be sold, traded, used for parking lot or what. He felt that the Council Committee that has been studying this matter should be ready with a recommendation of what to do with the building. Councilman Blake, member of the Council Committee studying the uses of the Cornet Store building, stated that the Committee had arrived at the point that the property should not be used for parking, the building should not be torn down, that the building be disposed of either by sale or by trade of this property for a more adequate parcel to be used for parking. Councilman Spring, the other member of the Council Committee, urged that no action be taken on the Cornet property until the study now being started by the Poly students is completed so that who ever was to buy the Cornet property would know its complete potential. J. L. McDonald, Downtown Association President, again charged that the City Council was not answering the question of his organization which was how the funds in the Parking District were being used under Resolution No. 753. Mayor Whelchel again explained past Council policy on the use of Parking District Funds and the General Funds to acquire properties for off street parking when these properties become available. R. D. Miller, Administrative Officer, explained the flow of funds in the Parking District Accounts. R. D. Miller then continued explaining the history on the formation of the Parking District. Clay P. Davidson asked the City Council for clarification on the acquisition of land for Parking Lot No. 11. City Council Minutes April 3, 1967 Page 6 Mayor Whelchel explained the transaction in acquiring Parking Lot No. 11 through a trade of City owned property at Laguna Lake. Mr. C. A. Maino suggested that in future property acquisitions being made by the City that competent property appraisals first be made so that all costs would be known prior to acquisitions. Mr. Warden urged that the people of San Luis Obispo look to the future to save the Parking District because as the downtown area is degraded, then less funds will be available to pay the bond principal and interest and then the property owners could then be assessed the necessary amount for these payments. He further urged that the City do. something with the Cornet Store property as it is another empty store on this block and is killing foot traffic along Higuera Street. Mr. J. L. McDonald again appeared before the City Council urging that they make a decision as soon as possible,on the disposition of the Cornet building so that everyone interested will know what the City's plans are relative to additional parking in San Luis Obispo. 9. Communication from the Cayucos Chamber of Commerce requesting permission to place a sign advertising Cayucos on the Whale Rock Pumping Plant No. 1 property, located at Highway No. 1 and Chaney Street was referred to the City Clerk for additional information on size and type of sign and, also to check County regula- tions relative to roadside signs and report back to the City Council. 10. Resolution No. 13 -67 of the City Planning Commission requesting that the City Council make certain amendments to the Zoning Ordinance was referred to a public hearing on May 1, 1967 at 8:00 P.M. 11. Communication from the Planning Commission forwarding a preliminary Student Housing Parking Study prepared by the Planning Department was referred to a Joint Study Session of the City Council and Planning Commission for April 25, 1967. 12. The Traffic Committee brought to the Council's attention the matter of the congested parking problems in the streets in the vicinity of the courthouse and City Hall primarily caused by County employees not having adequate facilities for all day parking. The Traffic Committee feels that the situation is becoming worse and asked the City Council to consider a meeting with members of the Board of Supervisors and County Administrative Staff to see if something can be done to alleviate this problem and provide parking for County employees. After discussion by the City Council, the Mayor requested that the Traffic Committee having all the facts meet with the County representatives on this matter. The Mayor called a recess at 9 :00 P.M. The meeting reconvened at 9:20 P.M. with all Councilmen present. 13. Mr. Romero, .City Engineer, presented for the :Council's consideration various proposals for dams in San Luis Creek as part of the Mission Plaza Plan. Three of the studies involved a single dam located at Broad Street. The fourth, which Mr. Romero recommended as being most suitable, presented a series of small check dams approximately 2' high.. Mr. Romero explained that these could be developed at a minimum of expense if native stone and volunteer labor were utilized. ' It was the consensus of the City Council that the City Engineer proceed on the principle of several low dams permanently installed in the Creek bed. On motion of Councilman Blake, seconded by Councilman Gallagher, that the City Attorney acquire a license from adjacent property owners to build a small check dam in San Luis Creek at Broad Street. Motion carried. 14. Communication from City Engineer notifying the City Council that the underground utility installationSin the Mission Plaza block are proceeding and wished to know if the City Council desired to connect telephone lines to the front of the Cornet building at this time. The City Council felt that as they do not know what will be done with the Cornet building that they will not connect telephone service at this time. City Council Minutes April 3, 1967 Page 7 15. The City Engineer presented for the Council's consideration, plans and specifications for the Sewer Extension Service to the Highway Patrol, Maino and Petrick properties on California Boulevard and Phillips Lane. On motion of Councilman Gallagher, seconded by Councilman Miller, the plans and specifications were approved and the City-Engineer was authorized to advertise for bids. Motion carried. 16. Communication from the Southern California Regional Association of County 1 Supervisors and the City Council of the City of National City urging that the City Council support the revisions of the Mayo -Breed Formula for the allocation of State Gas Taxes by Northern and Southern California. On motion of Councilman Gallagher, seconded by Councilman Spring, the following resolution was introduced. Resolution No. 1679, a resolution endorsing a - legislative program to amend the Mayo -Breed Formula for the allocation of State Gasoline Taxes. Passed and adopted on the following roll call vote: AYES: Frank Gallagher, Arthur F. Spring, Clell W. Whelchel NOES: Donald Q. Miller, Emmons Blake ABSENT: None 17. The City Engineer presented for the Council's consideration a 1 ist of properties (File Nos. 187 - 211 inc-lusive)' lacking standard,•improvements where more than 50% of the block has been improved. Mr. Romero explained the work to be done on these properties and if the City Council had no objection he would proceed with having the improvements put in. 1 The City Council had no objection, Mr. Romero will proceed as instructed. 18. D. F. Romero, City Engineer, presented for the Council's consideration the Street Repair Priority List for the 1967 -68 fiscal year. The matter was continued to April 17, 1967. 19. The annual report of the San Luis Obispo Historical Museum by Mrs. Louisana Clayton Dart, Curator, was ordered received and filed and the City Clerk was requested to thank Mrs. Dart for the report and the fine work being done at the Historical Museum. 20. At this time the City Council considered the final passage of Ordinance No. 368.- D. F. Romero, City Engineer, reported that he had acquired the necessary street widening as per the•Council's instruction. On motion of Councilman Gallagher, seconded by Councilman Miller, the following ordinance was introduced for final passage. Ordinance No. 368, an ordinance rezoning Lots 1, 2, 3 and 4, Block 3 of the Imperial Addition from R -2, Residential Medium Density to C -H, Heavy Commercial Land Use District. 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 City Council Minutes April 3, 1967 Page 8 21. On motion of Councilman Miller, seconded by Councilman.Spring, the following ordinance was introduced for final passage. Ordinance No. 369, an ordinance rezoning a portion of Lots 1 and 2. Block 2 of the resubdivision of Block 151, Harford's Addition, from R -2, Residential Medium Density, to R -H, Residential High Density, Land Use District. 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 22. On motion of Councilman Miller, seconded by Councilman Gallagher, the following ordinance was introduced for final passage. Ordinance No..370, an ordinance rezoning that area generally bounded by Foothill Boulevard, Murray Street, Santa Rosa Street, and the Southern Pacific Railroad from R -1, R -3 and R -4, and M Land Use Districts to C -N and R -0 Land Use Districts, and rezoning the Block bounded by Oak Street, Santa Rosa Street, Montalban Street, and Stenner Creek from R -3 and R -4 Land Use Districts to R -0 and RCS Land Use Districts. 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 23. On motion of Councilman Miller, seconded by Councilman Gallagher, the following resolution was introduced. Resolution No. 1677, a resolution reducing the various equipment replacement budget items to reflect unspent portions thereof and making inter -fund transfers from various funds.to the equipment replacement fund. 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 24. On motion of Councilman Gallagher, seconded by Councilman Miller, the following resolution was introduced. Resolution No. 1678,,a resolution increasing the 1966 -67 budget. 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 25. The City Clerk reported on the following bids received to.reconstruct Sewer Farm Field No. 1 and Fire Training Site. 1. Jack S. Foster $18,664.01 188 Spruce Street Arroyo Grande, California City Council Minutes April 3, 1967 Page 9 2. Burke Construction Company 19,052.50 Post Office Box 957 San Luis Obispo, California 3. C. S. Construction Company 19,691.00 Post Office Box 24 Pismo Beach, California 4. Madonna Construction Company 19,890.00 1 Post Office Box 910 San Luis Obispo, California 5. J. A. O'Kelley and Son 20,374.90 245 Tank Farm Road San Luis Obispo, California 6. Ted Watkins Construction Company 21,709.82 Post Office Box 1380 San Luis Obispo, California D. F. Romero,-City Engineer,'recommends that the low bid of Jack Foster be accepted. On motion of Councilman Gallagher, seconded by Councilman Blake, the contract was awarded to Jack Foster. Motion carried. 26. On motion of Councilman Miller, seconded by Councilman Gallagher, the following contract payment was approved and ordered paid. Motion carried. J. A. O'Kelley and Son Est. #3 $5,151.76 Industrial Access Road 27. Om motion of Councilman Gallagher, seconded by Councilman Blake, the 1 following salary step increases were approved. BLELL, Nancy A., Account Clerk I, from Step 2 at $355 to Step 3 at $375 per month, effective May 1, 1967. BROWN, David L., Police Officer, from Step 4 at $582 to Step 5 at $617 per month, effective May 1, 1967. DAUPHIN, George R., Police Officer, from Step 1 at $494 to Step 2 at $521 per month, effective May 1, 1967. GONZALES, Raymond A., Police Officer, from Step 1 at $494 to Step 2 at $521 per month, effective May 1, 1967. KALICICKI, Robert C. Jr., Police Officer, from Step 4 at $582 to Step 5 at $617 per month, effective May 1, 1967. KELLERMAN, John L., Building Inspector, from Step 3 at $565 to Step 4 at $600 per month, effective May 1, 1967. LUNSFORD, Larry G., Police Officer, from Step 2 at $521 to Step 3 at $550 per month, effective May 1, 1967. SOTO, Ralph, Maintenance Man II, from Step 3 at $467 to Step 4 at $494 per month, effective April 1, 1967. Motion carried. 28. On motion of Councilman Miller, seconded by Councilman Gallagher, the Mayor was authorized to accept and record a grant deed and street widening agreement. A. Grant Deed and Street Widening Agreement from Robert N. Lancaster and Naoma Lancaster for property on Foothill Boulevard between Patricia Drive and Santa Lucia. Motion carried. City Council Minutes April 3, 1967 Page 10 29. Progress report by the City Engineer on street widening acquisitions dated March 30, 1967 was received and filed. 30. On motion of Councilman Miller, seconded by Councilman Gallagher, the Mayor was - authorized to prepare a proclamation celebrating the 50th anniversary of the Southern California Automobile.Group in the City of San Luis Obispo. Motion carried. Councilman Miller voting no. ' 31. Mayor Whelchel brought to the Council's attention the complaint from some of the residents of the lakeside dwellings on Laguna Lake complaining of people driving at night on the City Park property allowing automobile lights to disturb their peace and quiet. The Mayor stated the residents suggested that a gate be placed on Madonna Road and closed so that people will not be in and out of this area all night long. The City Council discussed this matter with the City Engineer and Police Chief and it was the consensus of the Council that.something could be done on this matter. On motion of Councilman Gallagher, seconded by Councilman Spring, the request was referred to the City Engineer to study methods of installing a gate which could be locked at 10:00 P.M. at night and opened at 8:00 in the morning by City personnel. Motion carried. Councilman Miller voting no. The City Engineer was instructed to clear the gate and a small parking area.with the Park and Recreation Commission. 32. Harold Johnson, City Attorney, reported to the City Council that the City had reached agreement with the Nelson family for purchase of the property on Walnut and Santa Rosa Streets and asked -the City Council to authorize the City Clerk to sign the necessary documents to acquire this parcel of land. I On motion of Councilman Gallagher, seconded by Councilman Miller, the Clerk was authorized to sign escrow on behalf of the City. Motion carried. 33. The City Council adjourned to Executive Session to discuss current litigation. 34. On motion of Councilman Spring, seconded by Councilman Gallagher, that the City Attorney be authorized to defend Robert Mayse in the Whale Rock court action. Motion carried. 35. On motion of Councilman Miller, seconded by Councilman Gallagher, the meeting adjourned. Motion carried. APPROVED: April 17, 1967 . H. FITZPATRICK CITY CLERK MINUTES REGULAR MEETING OF THE CITY COUNCIL ' April 17, 1967 - 7:00 P.M. CITY HALL Invocation was by the Reverend Peter Kuiper of the First Baptist Church. Roll Call Present: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel