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HomeMy WebLinkAbout05/01/19671 1 City Council Minutes April 25, 1967 Page 5 3: The City Council and Planning Commission again discussed possible areas _where they should get together for general guidance and they set a meeting for I.1ay 9, 1967 in the Council Chambers of the City Hall to continue general discussion. 4. On motion of Councilman Blake, seconded by Councilman Gallagher, the meeting adjourned.' Motion carried. APPROVED: May 1, 1967 J. H. FITZPATRICK CITY CLERK MINUTES REGULAR MEETING OF THE CITY COUNCIL May 1, 1967 - 7:30 P.M. CITY HALL Invocation by the Reverend Frank B. Llewellyn, Presbyterian Church. The.City Clerk installed the newly elected members of the City Council, Mayor Clell W. Whelchel, Councilman Donald Q. Miller and Councilman Arthur F. Spring, Sr., and took their' oath of office. Roll Call Present: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel City Staff Present: R. D. Young, Planning Director; P. Clark, Librarian; J. H. Fitzpatrick, City Clerk; W. Flory, Park and Recreation Director; H. Johnson, City Attorney; R. D. Miller, City Administrative Officer; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief;.E; Rodgers, Police Chief. The following student officials were introduced: Gary Stanwyck Mayor David Bonnheim Councilman Doug Bower Councilman Ginger Brown Councilman Tom Connolly Councilman Jane M. Sherwin Administrative Officer Jane Barbica Attorney David Fitzpatrick City Clerk Cathy Jones Chief Building Inspector Bill Parsons Director of Parks and Recreation Norma Starkie Director of Planning and Building Bill Pfeifer Director of Public Works Douglas Sheeter Director of Water Department _ Mark Lucksinger Fire Chief Carol Scott Librarian Bob Labastida Police Chief Pat Atkins Street Superintendent Terry O'Quest Treasurer On motion of Councilman Gallagher, seconded by Councilman Miller, the minutes of the meetings of April 17 and 25, 1967 were approved. Motion carried. 'On motion of Councilman Gallagher, seconded by Councilman Spring, claims against the City for the month of May 1967 were approved subject to the approval of the Administrative Officer. Motion carried. City Council Minutes May 1, 1967 Page 2 A. Mr. Kenneth Gideon, representing the State Compensation Insurance Fund, appeared before the City Council presenting a divident check of $143500 for the year 1966 and congratulated the City on their fine safety record and con- tinued that this was the second year in a row that the City had received a sub- stantial dividend on their compensation insurance. 'Uyor Whelchel thanked Mr. Gideon for the check and also thanked the City staff and employees for helping keep the cost down and for being safety conscious. 1. Mr. G. M. Wadsworth Jr., Right of Way Agent for the Division of Highways, appeared before the City Council and presented a right of way contract and deed for purchase by the City of a portion of City owned property on Santa Rosa Street needed by the State of California for street widening purposes. M. Wadsworth stated that the State was acquiring $,536 square feet of land along Santa Street for which they would pay the City $10,861 which included in addition to the land, the replacement of a sign and a tree. He also asked that the City grant a temporary easement to the State to be used for construction of the widening of the bridge on Santa Rosa Street which would be returned to the City at the conclusion of construction. Mr. Wadsworth explained to the City Council the method of evaluation of the property being acquired and of adjacent properties. He also stated that he would expedite the transfer of this property.so that the City could receive the money as soon as possible. On motion of Councilman Gallagher, seconded by Councilman .Miller, the following ordinance was introduced. Ordinance No..372, an ordinance authorizing" the ..sale of property to the State of California for highway purposes and the'granting of a temporary easement over City property adjacent thereto. Introduced and passed to print on the following roll call vote: AYES: Emmons Blake, Frahk Gallagher, Arthur F. Spring Donald Q. Miller, Clell W..Whelchel NOES: None ABSENT: None 2, Com un cation'from J. B. McDonald, President of the'Downtown Association notifying the City Council that a group of businessmen and property owners in the downtown area Have negotiated with Mr. Lane, operator of the Pal Joey Bar, at 858 Monterey Street, that they would pay for his relocation of his facilities upon said location and release of the property by Mr. Lane if the City would take immediate steps to notify the. other tenants of the property to vacate, demolish. the building and proceed with Parking Lot No. 11. Mr. McDonald stated he%felt if this action were taken that it would provide additional needed parking for the downtown area and would fit in with the adooted plan for the Mission Plaza Development. Mr. Kenneth Lane submitted a letter tothe City Council stating that if the Alcoholic Beverage Control Board approved the transfer of his license to a location outside the City of San Luis Obispo he would accept the proposal of the Downtown Association and release the City from the existing lease on the Pal Joey Bar. J. Kellerman, Building Inspector, and W. M. Woodward, Fire Marshal, presented the City Council with a report on the condition of the.City owned building at 858 <864 Monterey Street stating that the building was in poor condition, was termite infested, and they did not feel that the building could be .brought to standard in the present fire zone. Mr. Romero, City Engineer, explained to the City Council some of the construction problems that must be faced if Parking Lot No. 11 is to be expanded to Monterey Street. He explained that the first phase of the Parking Lot was designed- to'.go_to_ Monterey Street but that in order to accomplish this, expensive retaining walls must be constructed. 1 1 City Council Minutes May 1, 1967 Page 3 The City Council then discussed the proposal presented by Mr. McDonald and Mr. Lane. Mr. Myron Graham questioned the advisability of removing these buildings and putting in parking as he felt that the City should remove the existing build- ings but replace them for lease or rent to merchants and business people in the City of San Luis Obispo. He suggested that the new building could be so' constructed that parking could'be placed on the roof of the stores on Mon- terey Street. Mr. Graham warned the City Council that they should keep in mond the problem presented the City Council when they purchased the Cornet Store Building for parking when the citizens were unaware of what the City Council was planning for this property. He urged the City Council to.go slow on this proposal to tear down the store buildings. Mr. Ethan Jennings, Jr., Architect, stated that with new methods of construc- tion that the cost of parking structures are now within reason and he urged that the City Council study the matter of building multi -level parking struc- tures of prestressed concrete. He stated he felt this type of building could be built for less than $4.50 'per square foot. On motion of Councilman Gallagher, seconded by Councilman Miller, that the City accept the offer of the Downtown Association and Mr. Lane and the City Engineer expedite the plans and specifications for demolition of the build- ings and construction of the parking lot and the City Attorney was instruc- ted to handle the transaction for the City. Motion carried. Mr. McDonald thanked the.City Council for their action and agreed that as long as the matter was expeditied his Association would be pleased. 3. At this time the City Council held a public hearing on the recommendation _ of the Planning Commission to make amendments to the.Zoning Charts in the Zoning Ordinance and to add definitions to said ordinance. 'Mr. Young, Planning Director, explained in detail the changes, amendments and additions to the Zoning Ordinance recommended by the Planning Commission. Mayor Whelchel declared the public hearing open. No one appeared before the City Council on this matter. Mayor Whelchel declared the public hearing closed. On motion of Councilman Miller, seconded by Councilman Spring, the following ordinance was introduced. Ordinance No. 371, an ordinance amending portions of the Zoning Ordinance. Introduced and passed to print on the following roll call vote: AYES: NOES: ABSENT: 4. At this time of the Planning (Airport Hazard) Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel None None the City Council held a public hearing on the recommendation ;ommission to amend the Zoning Ordinance to include an A -H Combining District, Mr. Young, Planning Director, explained the proposal to the City Council stating _that what was being recommended was the inclusion in the Zoning Ordinance of the same airport restrictions as covered by the County Zoning Ordinance on the recommendation of the Federal Aeronautics Administration. Mr. Johnson, City Attorney, explained to the City Council the City's possible liabilities to properties that are zoned subject to an A -H classification. Fe stated that he was sure that as this zoning had already been established by the County and just being assumed by.the City he felt it might not be any problem. City Council Minutes. May 1, 1967 Page 4 Mayor Whelchel declared the public hearing open. No One appeared before the City Council on this matter. Mayor Whelchel declared the public hearing closed. On motion of Councilman Blake, seconded by Councilman Gallagher, the follow- ing ordinance was introduced. Ordinance No. 374, an ordinance amending the San Luis Obispo Municipal Code to include an A -H (Airport Hazard).Combining District. Introduced and passed to print on the following roll call vote: AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. PLiller, Clell W. Whelchel .NOES: None ABSENT: None 5. At this time the City Council held a public hearing on the recom[nenclation of the Planning Commission to amend the Zoning Ordinance to include a convey- sion table that would automatically classify land annexed to the City in its proper classification. Mr. Young, Planning Director, explained to the City Council that the exist- ing ordinance requires all land annexed to the City to be annexed in the R -1 or single family classification and that the Planning Commission felt that when land has been zoned by the County to other uses that by having a'con- version table and bringing the property into the City in existing use or classification would be much more equitable to the property owners being annexed. Mayor Whelchel declared the public hearing open. No one appeared before the City Council on this matter. Mayor Whelchel declared the public hearing closed. On motion of Councilman Gallagher, seconded by Councilman Blake, the follow- ing ordinance was introduced. Ordinance No. 377. an ordinance amending the San Luis Obispo Municipal Code to include a conversion table classifying land annexed to the City. Introduced and passed to print on the following roll call vote: AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring,. Donald Q. Miller, Clell W. Whelchel NOES'- None ABSENT: None B. Mr. Johnson, City Attorney, reported to the City Council that the efforts to have the State Legislature approve the Mayor and City Council salary increases passed by the voters at the last City Election had been successful and that the Legislature had accepted the proper documents and that effective Monday, May 1, 1967, the City Charter was amended to grant the Mayor and City Council their salary increases. Mr. Johnson suggested that the City.Council might adopt a resolution thanking Senator Grunsky and Assemblyman-Ketchum for their extra efforts on the City's behalf. 6. At this time the City Council held a public hearing on the recommendation of the City Sign Committee for the City Council to adopt the proposed Sign Ordinance prepared by the Committee for the City. Communication from the Pacific Telephone and Telegraph Company asking that before adoption of the proposed Sign Ordinance that some provisions be made for identification type signs for public utility buildings which may be lo- cated in residential districts of the City. Mayor Whelchel explained to the people present the fifteen months of work put in by a group of citizens of the Community representing the Planning Commission, Gity Council, business community, the sign industry and other inierested.citi- zens and who have submitted this proposed sign ordinance to the-City Council and community for their consideration. 1 U City_Council Minutes May 1, 1967 Page 5 The Mayor continued that in preparing the proposed ordinance the Committee was aware of the objections of the voters who defeated by referendum the-1965 Zoning Ordinance of the City. Mayor Whelchel declared the public hearing open. Several persons in the audience asked the City Council for clarification of various definitions and provisions of the proposed sign ._ordinance.' ,Mayor Whelchel answered for the committee and explained the thinking of the committee on the various questions raised by people in the audience. Mr. I�. Kogan, member of-the Citizens' Committee, read a statement that, while e committee as a group had adopted.the,proposed ordinance by consensus, he personally questioned the advisability of adopting an ordinance which he felt was too liberal and only a compromise on what should be adopted to make the City more beautiful and desirable. Mayor Whelchel declared the public hearing closed. Councilman Blake stated he hoped that the ordinance would not be passed this evening as there were several parts of the proposed ordinance with which he disagreed. He particularly questioned the lack of amortization schedule -for non - conforming signs in the ordinance and further questioned the lack of con- trol on billboards. He continued that before he would consider adoption of the ordinance that he wished an amortization schedule for nonconforming signs to be added. Several members of the Citizens' Committee on the sign committee, Mr. Kogan, -Mr. Schwartz, Mr. Petersen and Mr. Graham stated that they agreed with the comments of Councilman Blake, that more controls should be- established over nonconforming signs but as was previously stated the ordinance was proposed by the group, and these items had been deleted by group decision. Councilman Ga questioned several provisions in the ordinance and-a'sked for of such provisions as the need for submitting a sketch or plan when applying for a sign permit and further felt that on new construction in addition to the general contractor and architect, the subcontractor should be allowed to place their identification sign on the building during construction. He also-stated-that he was disappointed with,the proposed ordinance as he felt• that the ordinance does not have enough control over multiple signs for the same business. Councilman Miller stated that he was disappointed with the proposed ordinan ce as he felt that there were not enough controls in the ordinance to encourage decent signs and signs in good taste. He objected to allowing billboards in the City in any zone and also felt that s_omeamortization period for noncon- forming signs should be established. He also objected to the size of the signs being allowed by theocr idance in the R-0 Zones. He objected to any rotating or moving signs and urged the elimination of all signs hanging over the public right of way. Councilman Spring stated that as had previously been reported, the proposed ordinance was a compromise by all the representatives of the committee and he felt that this was a logical proposal to improve the signs in the community. Mayor Whelchel stated that he felt that if all these controls were,ppt back into the proposed ordinance he felt it would again be defeated by the public and that he did not wish to spend another fifteen months-writing a new ordin- ance containing provisions that he felt would not be accepted by the public. On motion of Councilman Gallagher, seconded by Councilman Spring, that the _proposed ordinance be re- referred back to the sign committee so that they could•take into consideration some of the comments presented this evening. Motion carried. Mayor Whelchel thanked the people present and urged that they attend the next meeting -of the sign committee which would be Monday, May 8, 1967 at 7:30 P.M. The City Clerk was instructed to adequately advertise the next meeting of the sign committee. City Council Minutes May 1, 1967 Page 6 7, The City Council continued the public hearing of April 17, 1967; on Resolution No. 1666, a resolution of intention to call an annexation . election for Edna Road Annexation No. 1. The City.Clerk reported that no protests had been received since the-last_ meeting. The City Attorney presented for the Council's consideration, Resolution No. 1688, a resolution finding and declaring that no majority protest has been made to Edna Road No. 1 Annexation Special Election._ On motion of Councilman Gallagher, seconded by Councilman Miller, the reso- lution was introduced 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. Traffic Committee Report of April 27, 1967. 67 -5 -1C. In accordance with the Council's request, a questionaire was sent out to some 200 residents and property owners in the vicinity of Crandall.Wa.y and Foothill Boulevard to determine their wishes as far as the traffic pattern is concerned. A copy of the survey results is attached. In view of the re- sults, the Traffic Committee recommends that the Yield sign on Foothill at Crandall be changed to a stop sign.. and the stop sign on Crandall to:be.re- moved to favor the major flow of traffic. However, to ease the transition we recommend that these changes be made effective upon the closing of the Spring Quarter at Cal Poly. 67 -5 -5T. The Traffic Committee has received a request for a Red Zone on the south side of Southwood Drive east of the intersection leading into.the.School Corporation Yard for approximately 50 feet. We feel that this would relieve congestion and so recommend. On motion of Councilman Blake, seconded by Councilman Gallagher, the follow- ing resolution was introduced. Resolution No. 1690, a resolution rescinding a stop sign on Crandall Way, changing a yield sign to a stop sign on Foothill Boulevard and establishing a red zone on Southwood Drive. 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 -5 -2C. In regard to the proposed meeting with County representatives on providing employee parking, the Traffic Committee feels that before.doing this we should review a study made sometime ago by Mr. Romero on the subject. Copies will be sent out to members of the Traffic Committee and City Council attached. Re- referred to the Traffic Committee for further study. 67 -5 -3C. In regard to the Council's request that the Traffic Committee again study the feasibility of traffic signals at Buchon and.Johnson, the Traffic Committee has received a report which shows three reported accidents.in a three year period. We feel that if traffic signals were installed at-this intersection accidents would become much more common and we again recommend against such an installation. 67 -5-4T. A.letter has been received from Carl Carlson, 487. Chorro, suggest- ing g a No Parking Zone on Chorro between Palm and Mountain View, plus complete restriction between 4:00 - 6:00 P.M. for the purpose of easing congestion at the intersection of-Chorro and Lincoln. The Traffic Committee does not feel there is a problem with cars parked on Chorro, but that the main problem seems to be with the main flows of traffic on Chorro. We therefore recommend that no action be taken on the request unless more residents in the area feel that there is a problem and so request. , City Council Minutes May 1, 1967 Page 7 Recommendation of the Traffic Committee accepted. 10s00 P.M. the Mayor declared a recess. The City Council reconvened at 10:15 --P.M. with all Councilmen present. 9. Communication from the County Department of Administrative Management,, notifying the City Council of a public hearing for 1:30 P.M., .May d., 1967 in the Superuisor!s Chambers on the matter of an amendment to the County Uniform Sales and Use Tax. "' The City Council asked that all Councilmen and staff members attend and sup- port the City's proposal for adjustment in the City's tax levy. 10. Mr: R. D. Young, Planning Director, made the following report on imple- menting the recommendation of IAFCO to expand the area of the proposed Los Osdb Road. All but five property ownersrwere contacted in the area recommended by LAFCO. Six of those property owners contacted expressed an interest in annexing to the City. It was determined that the assessed valuation of the six interested properties combined with the assessed valuation of the annex- ation initiated by the City, would make it possible to create an annexation proposal that would include the site of the Hotrard Johnson Restaurant, the Auto Park, the Leal property, and most of the property between the freeway and South Higuera Street. The sucess of the proposed annexation would depend upon the outcome of a vote by registered voters in the area. The City Council discussed with the Planning Director and the City Attorney possible actions that could be taken by LAFCO on this annexation matter. Mr. Johnson stated LAFCO did not issue an ultimatum to the City to take in the entire area recommended by its Executive Officer, but did indicate that it felt that much remained to be done by the City to square off its bound- aries in this area. While some deviation from the total package would prob- ably be acceptable to LAFCO, it appears desirable to include as many parcela as. possible at this time without risking defeat of the annexation:proposal. After discussion, Mr. Johnson recommended that the City Council approve that area of land along=T7iguera Street to a point opposite the Auto Park prop- erty and the Leal Property but excluding the Castle :Motel property. It was moved by Councilman Gallagher, seconded by Councilman l ller, that the Council accept the recommendation of the City Attorney regarding the area to be annexed. Motion carried. 11. Communication from the City Clerk requesting Council approval of a cor- rection of clerical error to.the 1966 -67 assessment roll for G. V. Bettencourt. The City Clerk requested an increase in the assessed valuation of $1,150. The City Clerk reported that the property owner agreed with the increase due to the error. On motion of Councilman Miller,, seconded by Councilman Gallagher, the request was approved and the assessment -roll was ordered.mcreasede Motion carried. 12. Communication from George V. Bettencourt requesting that he be allowed a variance for a 40 -foot driveway in fron of the new warehouse building at 72 Higuera Street. Under the ordinance he is entitled to two 30 -foot driveways but due to.the size of the trucks serving this facility he felt that an additional ten foot width 1 on the sidewalks would facilitate truck movement. On motion of Councilman Gallagher, seconded by Councilman Miller, the request was approved and Mr. Bettencourt was authorized one 0 -foot and one 30 -foot driveway. Motion carried. 13. Communication from property owners adjacent to Andrews Street east of Conejo Avenue requesting that the City accept dedication of this street and maintain it-in its present unimproved condition.* City Council Minutes May 1, 1967 Page 8 The City Clerk reported that only the northerly half of Andrews Street had been accepted with the acceptance of Tract No-4 3. The south half 'and'ihe portion of Andrews Street being dedicated�ai this time had never been accep- ted by the City. Councilman Spring left the meeting as he is a property owner involved on this street. - On motion of Councilman Gallagher, seconded by Councilman Miller, the follow- ing resolution was introduced. Resolution No. 1 91, a resolution accepting all of Andrews Street in the City and to be maintained by the City... Passed and adopted on the following roll call vote: AYES: Emmons Blake, Frank Gallagher, Donald Q. Miller ..^ Clell W. Whelchel NOES.: None ABSENT: Arthur F. Spring Councilman SDrina took his seat. 15. Councilman Miller brought to the Council's attention questions and com- plaints he had been receiving from citizens regarding the garbage rates charged at the City dump for people hauling their own trash to the dump. Councilman Miller stated that the former City Attorney stated that the City Council had the right to set rates at the City dump but that he wanted Mr. Johnson, the present City Attorney, to look into the matter and see if the City Council has the right to do so and if so the City Council should study the matter as to posting approved prices by the Council at the dump. Mr. Johnson stated that he felt in his study of the franchise and garbage ordinance that the City Council had the right to set the rules and regulations for the operation of the City dump and felt that this broad power included the setting of rates. Charles Cattaneo, President of the San Luis Garbage Company, presented for.-7 -2- the City Council the rates charged at the Cold Canyon Land Fill Dump and stated that these were the same rates that had been in effect.since the dump opened in 1965 and further they are similar to the rates being charged in all public dumps in the County of San Luis Obispo. Peter Andre; Attorney for the Garbage Company, stated that he did not agree with the interpretation by the City Attorney that the City Council had the right to set the rates at the dump outside the City. After discussion by the City Council, the matter was referred-to the City Attorney for research on the City's right to.set rates at the dump and he.is to report to the City Council at the play 15, 1967 meeting. 26. Resolution No. 18-67 of the Planning Commission recommending that the City Council rezone the north side of Madonna Road between Oceanaire Drive and U. S. Freeway 101 from R -1 to R -C. The City Council set a public hearing for May 15, 1967. 27. On motion of Councilman Miller, seconded by Councilman Gallagher, the following resolution was introduced. Resolution No. 1684, a resolution in- creasing the 1966 -67 Budget. .. ....... Passed and adopted on the following roll call vote: AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Puller, Clell W. Whelchel NOES: None ABSENT: None i� 1 1 City Council Ifinutes May 1, 1967 Page 9 28. On motion of Councilman Spring, seconded by Councilman Gallagher, the following resolution was introduced. Resolution No. 1602,, a resolution-cre- ating a revolving account for preliminary expense in connection with Yoakum #2 -Sewer and Water Assessment District Project. Passed and adopted on the following roll -call vote: .AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. :.filler, Clell W.Whelchel NOES: None ABSENT: None - 32. On motion of Councilman Miller, seconded by Councilman Gallagher, the following contract payments were approved and ordered paid; J. A. O'Kelly and Son Rec. Bldg. Parking Lot J. A. O'Kelly and Son Rec, Bldg, Parking Lot Motion carried. Est. #2 $40.99 (100% complete) Est. #3 215.33 (Final) 33. On motion of Councilman Gallagher, seconded by Councilman Miller, the following salary step increases were approved; BARBA, Raymond P., Police Officer, from Step 3 at $550 to Step 4 at $582-per month., effective June 1, 1967:• IIIGLERT, Don E., Police Captain, from Step 4 at $790 to Step 5 at $835 per month, effective June 1, 1967. LOCKRIDGE, James L., Police Officer, from Step 2 at $521 to Step 3 at $550 per month, effective.June 1, 1967. .notion carried. 34. R. D. Miller, Administrative Officer, announced the appointment of Robert H. Ioppini as Maiintenance Man II in the Water Department at $417 per month effective May 1, 1967. 35. On motion of Councilman- Gallagher, seconded by Councilman Spring, the deed of easement for sewer purposes from Eugene C. .Petrick and Terez M. Petrick was accepted. Motion carried. 38. Request from Cdr. Gu 4ickson, Deputy Director of Civil Defense, for a Council resolution authorizing him to sign documents on behalf of the City for the purpose of obtaining financial assistance under the Federal Civil Defense Act was referred to the City Attorney, 39. On motion of Councilman Gallagher, seconded by Councilman Miller, the Mayor was authorized to sign the agreement with America the Beautiful Fund for the $1,000 matching fund grant for the Poly student study of Mission Plaza and the Director of Finance was authorized to make progress payments. Motion carried. 40. The City Council discussed the agreement between the City of San Luis Obispo and the County of San Luis Obispo regarding the lease by the County of the City owned property attthe San Luis Obispo Airport. The Council Committee (Gallagher and Blake) reported to the City Council on a meeting held with County representatives and their reactions to the eaten- _ sion of -the lease* iften discussion, the matter was referred back to the Council committee to again discuss this matter with the County representatives. 41. On motion of Councilman Gallagher, seconded by Councilman Miller, the Engineer was instructed to prepare a request for a Gas Tax Construction Budget for realignment of Monterey Street at Chorro Street plus the 60% maintenance money. Motion carried, Councilman Blake voting no. City Council Minutes May 1, 1967 Page 10 429 On motion of Councilman Gallagher, seconded by Councilman Miller-.. the Council approved the request of the American Legion Auxiliary and the Veterans of Foreign Wars Auxiliary to sell poppies on May 26 and 27, 1967, on con- dition that only local residents are involved in the sale. P4otion carried. 43. Chief Rodgers requested that the City Council consider adopting an emergency ordinance'to amend Section 3202.8 of the Municipal Code dealing with the removal of abandoned vehicles from City streets. He asked that the City Council amend the ordinance to comply with the provisions of the vehicle code.which provides that abandoned vehicles may be removed after.72 consecu- tive hours. The-City Attorney, H. Johnson,-explained for the City Council the problems faced by the Police Department when the ordinance and State Law are in conflict. On motion of Councilman Blake, seconded by Councilman Spring,, the following emergency ordinance was introduced. Ordinance No. 373, an ordinance amend- ing Section 3202.8 of the San Luis Obispo M= cip ode, when vehicles' may be removed from streets. Introduced and 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 44. On motion of Councilman Gallagher, seconded by Councilman Miller, the following resolution was introduced. Resolution No. 1 92, a resolution congratulating Dr. Robert Kennedy on his appointment as President of Calif- ornia State Polytechnic College. 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 20. Mr. John Gill, 1155 Fernwood, appeared before the City Council asking that the City take some action to force Morgan Flagg, the adjacent property owner, to clear up the drainage ditch behind this property which was a re- quirement of the original subdivision. He stated Morgan Flagg has allowed the ditch to be filled with dirt causing storm waters to flood across his property and adjoining properties causing damage to landscaping and other. improvements on his property. 11Ir. Gill urged that the City Council require the developer to keep the ditch open as was originally contemplated when the subdivision was built. Mr. Romero, City Engineer, stated that he had investigated this complaint and did not feel that this problem was the responsibility of the City but was a. matter.between adjacent property owners and that if it could not be settled by them the property owners had a right to file a civil action. Councilman Gallagher stated that he felt that the City, who approved the sub- division and the work, should force the developer to keep the drainate ditch clear and if he will not do it then the City should do the work and access the cost to the developer's property. Councilman Miller stated he also felt-that the City had some responsibility in protecting the citizens from damage caused to their property by poor work being done by developers. 1 I City Council Minutes May 1, 1967 Page 11 Tx. Johnson, City Attorney, stated to the City Council that he had not studied this matter and that the matter of the drainage ditch should be included in the various agreements with Mr. Flagg for development of this Tract and that he would be pleased to make such a study. Councilman Gallagher suggested that Mr..Gill's complaint be referred to the City Attorney to see what responsibility Morgan Flagg has to keep the drain- age ditch clear with the report of his findings to the City Council. On motion of Councilman Gallagher, seconded by Councilman Blake, the meeting adjourned to 7:30 P.M., Tuesday, May 9, 1967. Motion carried. APPROVED: May 15, 1967 J. H. FITZPATRICK, CITY CLERK MINUTES ADJOURNED MEETING OF THE CITY COUNCIL May 7, 1967 - 7:30 P.M. City Hall 1