HomeMy WebLinkAbout06/05/1967MINUTES
REGULAR MEETING OF THE CITY COUNCIL
June 5, 1967 - 7 :00 P.M.
CITY HALL
Invocation by Dr. Otto Houser.
Roll Call
Present: Emmons Blake, Frank Gallagher, Arthur F. Spring,
Donald Q. Miller, Clell W. Whelchel 1
City Staff
Present: R. D. Young, Planning Director; J. H. Fitzpatrick, City
Clerk; W. E. Flory, Parks and Recreation Director; H.
Johnson, City Attorney; R. D. Miller, Administrative
Officer; D. F. Romero, City Engineer; L. Schlobohm, Fire
Chief; E. L. Rodgers, Police Chief; E. P. Thompson,
Water Department Director.
On motion of Councilman Gallagher, seconded by Councilman Miller, the minutes
of the meetings of May 15, 17, 23, 25 and June 3i 1967 were approved. Motion
carried.
On motion of Councilman Spring, seconded by Councilman Blake, claims against
the City for the month of June 1967 were approved and ordered paid subject to-
the approval of the Administrative Officer. Motion carried.
1. Communication from the City Attorney notifying the City Council that the
request of Robert Johnson, 148 Lincoln Street for vehicular access to Santa
Rosa Street from the rear of his property is denied to Mr. Johnson due to a
deed restriction which the City Council can not amend.
Mr. Robert Johnson requested that his matter be withdrawn from Council
consideration.
On motion of Councilman Blake, seconded by Councilman Miller, the report was
received and filed.• Motion carried.
2. Communication from the San Luis Obispo County Development Association, Inc.,
requesting the continued support of the City Council in again providing $5,000
for their 1967 -68 budget was continued to the meeting of June 19, 1967 at the
request of L. M. Holland, Executive Director.
3. Communication from the Great American Insurance Companies, holder of the
liability insurance for the City, notified the City that they will not honor
further claims involving damage to private property caused by the sewer
cleaning operations being performed by City crews.
They offered to have a representative meet with the City in order to correct
any problems involved.-
D. F. Romero, City Engineer, explained to the City Council the present method
of cleaning sewer lines and stated that he knew of no more adequate method than
that being used by the City to clean sewer mains.
The matter was continued and the City Clerk was requested to ask for an immediate I
meeting with the insurance company representatives to clarify their denial on
future claims.
4. Communication from Charles M. Baker, Tropicana Village, appealing to the City
Council the denial by the Planning Commission of an amendment to their planned
development to allow parking in the area set aside for recreation.
On motion of Councilman Blake, seconded by Councilman Spring, the matter was
set for public hearing on June 19, 1967 at 8:30 P.M. Motion carried.
City Council Minutes
June 5, 1967
Page 2
5. Communication from Peter R. Andre, Attorney representing Dr. Tibor Beresky,
regarding noise emanating from the water line serving the Beresky residence and
the McPhee residence.
Mr. Andre stated that the two property owners involved have done all they possibly
can to eliminate this noise problem and to provide themselves with adequate water
service.
Mr. Andre requests that the City attempt to improve this matter if at all possible.
E. P. Thompson, Water Department Director, presented a report to the -City Council
on the matter of the Beresky water problems stating that the Beresky and McPhee
properties are served by one inch meters which are connected to a one and one half
inch.service line.
Mr. Thompson continued that the elevation of the McPhee property is such that it is
above the minimum gravity service and the property must be served by•a pumping unit
which due-to its size is causing the noise on the service line.
Mr. Thompson stated that he-believed that if the McPhee property were served by a
larger pump and receiving tank these noises would not emanate from the system.
After discussion by the City Council with Mr. Thompson, it was moved by Councilman
Miller, seconded by Councilman Gallagher, that Mr. Thompson write to Dr. Beresky
explaining the problem and the solution which could be made by Mr. McPhee. Motion
carried.
At this time the City Council adjourned to the parking lot to witness a demonstra-
tion of snorkel equipped trucks.
The meeting reconvened with all Councilmen present.
6. Communication from the United Farm Agency, Realtors, asking the City if it would
be iriterested in buying the Gallock adobe at 630 Monterey Street for inclusion in
future Mission Plaza Development for $47,000.
After discussion it was moved by Councilman Gallagher, seconded by Councilman Blake,
that the communication be received and filed. Motion carried.
7. Communication from Radio Page Central Coast relative to the City Council support-
ing an application of this firm for a public utility franchise to operate a one way
paging service for San Luis Obispo County and northern Santa Barbara County was
referred on motion of Councilman Miller, seconded by Councilman Blake, to the Admin-
istrative Officer to check with other cities on this matter as to the type of
resolution, etc. Motion carried.
8. At this time the City Council held
Polin from a denial by the City Piannii
R -3 to C -N of property located at 1590
and Munoz Street and also an appeal by
Commission of a variance to the zoning
street yard setback.
a public hearing on the appeal of Martin
ig Commission of a requested rezoning from
Johnson Avenue, the corner of Johnson Avenue
Martin Polin of a denial by the Planning
ordinance to allow parking in the required
R. D. Young, Planning Director, reported that the Planning Commission after a
public hearing denied the requested rezoning for the following reasons
1 1. The community General Plan proposes that this general area be developed
for residential uses:
2. The approval of the requested zoning would be spot zoning, and would
confer a special privilege on the property owner by making one lot a business
district within a residential district.
3. The approval of the requested C -N zoning could set a precedent for rezoning
other parcels which are considered difficult to develop to a commercial classifica-
tion.
City Council Minutes
June 5, 1967
Page 3
4. The C -N District should be used to develop planned neighborhood shopping
centers in residential areas where they are needed. - - -- -
5. The approval of the requested C -N zoning would not be in the best interest
of the surrounding neighborhood.
R. D. Young stated that after the public hearing the Planning Commission denied
the request for a variance to allow parking to be required in the street yard
setback for the following reasons:
1. This application was heard concurrently with a request to rezone•the
subject property from R -3 to C -N.
2. The parking plan submitted was predicated upon the subject property
being zoned C -N and developed with a laundromat.
3. The requested C -N zoning was denied therefore invalidating the total
development plan and any need for a variance based upon that plan.
Mayor Whelchel declared the public hearing open.
Martin Polin, applicant, appeared before the City Council on behalf of his appeal
to rezone the property at 1590 Johnson Avenue to C -N.
Mr. Polin stated that he did not feel that this particular piece of property would
develop to residential uses due to the location and the proximity of the railroad
tracks. He also stated he felt the high speed traffic on Johnson Avenue would
further deter residential development.
Mr. Polin stated that he planned to construct a small 1600 square foot launderette
on this property which he felt would be a definite service to the people living
on this side of the tracks.
He continued that only through commercial use of the property can it realize its '
financial potential. He urged that the City Council approve this rezoning for a
launderette use as he did not feel it would be a large traffic generator like a
gas station or drive in restaurant.
He stated that he had contacted representatives of the School District and
claimed that they had no objection to the construction of a launderette at•this
location.
He stated that he had contacted a member of the County Planning Commission who told
him that it was a policy of the County Planning Commission to allow higher uses
adjacent to underpasses and urged that the City Council rezone this property so it
can be put to proper use.
Mr. Polin then presented two petitions he stated were signed by 150 persons in
this general area of the City urging the construction of a launderette at this
location.
Mrs. Bilodeau, property owner, stated that she objected to this rezoning near
her property as she felt it was spot zoning, was not contiguous to other commercial
development and objected to the intrusion of commercial uses into this residential
area.
She continued that many of her neighbors on Johnson Avenue objected to the use '
proposed by the requested rezoning. She felt that if this portion of Johnson
Avenue were rezoned commercial that all the Johnson Avenue area should be so
rezoned so that all the property owners could benefit from this increase in
property value.
Mr. Polin stated that Mrs. Bilodeau's fears were unfounded as he was sure that
when the City Council rezoned his property that it would not support further
commercial expansion east on Johnson Avenue.
Mayor Whelchel declared the public hearing closed.
City Council Minutes
June S, 1967
Page 4
Councilman Blake stated that after studying this matter and the types of uses that
could be put on this property in the C -N classification, that he would vote to deny
the appeal and support the Planning Commission.
Councilman Gallagher stated that he objected to uses that would increase traffic at
this intersection and further objected to intrusion of commercial development in
this area.
Councilman Miller stated that he would support the request of Mr. Polin as he felt
this would be the only profitable use made of this property.
Councilman Spring stated that he objected to the rezoning of this property due to
the increased traffic generated by this commercial development and felt that added
traffic hazards would be initiated at Munoz Street if this development were allowed.
Mayor Whelchel stated that he would support the Polin request as he felt that this
was a logical use of the property which he feels will not develop to residential
uses due to the traffic and the proximity of the railroad.
On motion of Councilman.Blake,._.seconded by Councilman Gallagher.,. that the appeal of
Martin Polin be denied and the City Council uphold the action of the Planning
Commission. Motion carried. Councilman Miller and Mayor Whelchel voting no.
9. At this time the City Council held a public hearing on the recommendation of
the Planning Commission to rezone from R -1 to R -C -S the north side of Madonna Road
between Oceanaire Drive and Madonna Inn access road.,
R. D. Young, Planning Director, reported to the City Council the results of the
public hearing and studies carried on by the Planning Commission on making this
recommendation to the City Council.
Mayor Whelchel declared the public hearing open.
No one appeared before the City Council.
Mayor Whelchel declared the public hearing closed.
.On motion of Councilman Gallagher, seconded by Councilman Blake, the following
ordinance was introduced. Ordinance No. 377, an ordinance rezoning property on
the north side of Madonna Road from R -1 to R -C -S.
Introduced and passed to print on the following roll call vote:
AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring,
Donald Q. Miller, .Clell A. Whelchel
NOES: None
ABSENT: None
10. At this time the.City Council held a public hearing on the recommendation of
the City Engineer to adopt a resolution updating the Standard Specifications for
Construction of Portland cement concrete curb, gutter and..sidewalk in the City of
San Luis Obispo.
D..F. Romero, City Engineer, explained to the City Council that the specifications
he is requesting are the same as presently being used except for minor changes and
that the purpose of this resolution was to include the various Council policies
regarding curb, gutter and sidewalk specifications. in one document.
On motion of Councilman Miller, seconded by Councilman Gallagher, the following
resolution was introduced. Resolution No. 1703, a.resolution adopting Standard
Specifications for construction of Portland Cement concrete curb, gutter and side-
walk in the City of San Luis Obispo.
City Council Minutes
June 5, 1967
Page 5
Passed and adopted on the following roll call vote:
AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring,
Donald Q. Miller, Clell W. Whelchel
NOBS: .None
ABSENT: None
11. Mr. Bud Idler, Vice President of the San Luis-Obispo
before the City Council with a proposal for developing the
Street, Marsh Street, Broad Street and Garden Street into
area and to make it more attractive and convenient for the
that Parking Lot No. 2 which is to be reconstructed by the
access changed, and planters for landscaping be added and
closed from Garden Street to Broad Street and that a Mall
interesting paving and planting be added.
Mall Foundation, appeared
block bounded by Higuera
a more desirable shopping
customers. They suggested
City, be realigned,
that Garden Alley be
like.development with
He continued that several property owners adjacent to Parking Lot No. 2 have
pledged $10.00 per front foot to raise the funds necessary for the beautification
of the Parking Lot and the alley.
He asked that the City Council study this request and hoped that they would look
upon it with favor.
Communication from Mrs.•Leonore Sanson who stated she would be out of town,
unable to attend the meeting, but that she wholeheartedly pledged her support
thereto.
Communication from Dr. Albert Gazin stating that the proposal of the Mall Founda-
tion merited the City Council's consideration and had his enthusiastic support
but he hoped the City Council would consider in their redevelopment of Parking
Lot No. 2 the existing agreement allowing access to the Parking Lot from the rear
of the properties at 720, 722 and 728 Marsh Street.
He also asked the City Council that when rebuilding or resurfacing Parking Lot
No. 2 that the matter of drainage on two of these properties is presently a
hazard and if not properly taken care of could cause damage to the property.
He again urged the City Council's consideration of -this program.
R. D. Young, Planning Director, then presented his plan showing the work being
considered by the Mall Association to be completed by the City and that portion
of the work to be completed by the Mall Foundation.
Mr. Ed Rodgers, representing the _Mall Foundation, asked the City Council to
seriously consider this proposal but not make a decision at this time but to
support and lend their guidance to the project until a complete package can be
presented in a final proposal.
The City Council then discussed with the representatives of the Mall Foundation
various proposals for this development and how deliveries would be handled for
the stores facing Higuera.Street and also what traffic problems would be
aggravated in changing access to the Parking Lot.
The matter was continued for further discussion pending final cost estimates,
a legal opinion on the closing of-Garden Alley, and further solicitation-of
support from abutting property owners.
12. Communication from R. C. Skinner Companies, developer of Laguna Lake
Properties, submitting a progress report on Tracts 292, 322, 351 and 352
which are in various stages of completion and have gone beyond the time limits
set by the subdivision agreement.
Mr. Skinner stated that in (1) Tract 292-the main item regards the lack of
sidewalk in front of the vacant lots and curb and gutter for the Los Osos Road
City Council Minutes
June 5, 1967
Page 6
frontage of Lot 40. He asked
be allowed for Lots 1 through
the on site improvements; (2)
construction takes place; (3)
proceed with curb and gutters
on deposit but require officL
that a six month deferment on sidewalk construction
37 in order to coordinate with the construction of
development, of sidewalks on Lot 40 until on site
notification to the lender and bonding company to
on Los Osos Road for which adequate.funds are
al action to be released.
On Tract 322,Mr. Skinner stated the main item concerned sidewalks and the under-
ground electrical system and street lighting.
Mr. Skinner stated that funds for the electrical and lighting systems are now
available and that completion of the minor items in this tract are in process.
He requested that the City Council allow a separate bonding for sidewalk so that
construction may be coordinated with on site improvements.
He stated it was proposed that the cash now on deposit with United California
Bank be impounded in a manner designated by the City.
Relative to Tracts 351 and 352, he stated the construction involved in these tracts
is that of installing utility laterals, repairing the streets after construction,
and installation of sidewalks.
He continued that funds for the entire cost of this construction are on deposit
and the work is bonded and could proceed at any time.
He stated that he has not gone along on this work due to the slow real- estate
market and his desire to coordinate this construction with the on site construction
to minimize damage to the streets and sidewalks.
He requests his extention of
October 15, 1967.
' D. F. Romero, City Engineer,
requests made by Mr. Skinner
H. Johnson, City Attorney, s
Council taking the action as
time for the completion of these two Tracts until
upon.question, stated he had no objection to the
to extend the completion time of the suggested tracts.
:ated.there were no legal impediments to the City
requested by R. C. Skinner.
On motion of Councilman Gallagher, seconded by Councilman Spring, that the request
of R. C. Skinner be approved subject to the City Attorney's approval, conditioned
that all sidewalks in a block be installed when 50% of a given block has been
built on or at the expiration of one year. Motion carried.
1 -3. Communication from M. E. Willeford, Independent Auditor, offering to examine
and review the financial statements of the San Luis Garbage Company as requested
by the City Council in order to determine the adequacy and fairness of the present
rate structure. He offered to proceed with work at an estimated cost of between
$1,000 and $1,500 with progress reports to the City Council if additional time is
required.
R. D. Miller, Administrative Officer, explained to the City Council the discussions
held with M. E. Willeford relative to the scope of the proposed rate examination
and stated.it.was his understanding at the time of discussion that the.top figure
would be. $1,000 unless further Council authorization were obtained.
The - matter was referred to the Administrative Officer and the.City Clerk to contact
1 M. E. Willeford for clarification of his proposal.
14.. Communication from .0. J.. Gullickson, Deputy Director of Civil Defense,
notifying the City Council that a 16 hour, two day course for training of
Radiological Monitors will be held in the City of San Luis Obispo on July 11
and 12, 1967 at no cost to the City. He requests that the City Council authorize
personnel from the following departments:.to attend this course:.
Police Department 2
Fire Department 2
Water Department •1
Planning and Building Department 2
City Clerk's Office 1
a
City Council Minutes
June 5, 1967
Page 7
on motion of Councilman Gallagher, seconded by Councilman Miller, the request
was approved and personnel as requested were authorized to attend. Motion
carried. Councilman Spring voting no.
15. H. Johnson, City Attorney, notified the City Council that Emergency Ordinance
No. 340, an ordinance - establishing building setbacks along San Luis Creek has
now expired and that the City Council can not extend this Emergency Ordinance
without going through the regular ordinance adoption procedure.
On motion of Councilman Blake, seconded by Councilman Spring, the matter of buildi
setbacks along San Luis Creek was referred to the Planning Commission for their
recommendation. Motion carried.
16. Communication from Peter M. Kardel, Attorney for the Johnson Estate,
requesting an extension to July 27, 1967 to complete the transaction with the
City for acquisition of the Fredericks property.
H. Johnson, City Attorney, reported on the above matter stating that the attorney
for the Estate wished to change title companies who are doing the necessary
work to effect this property transfer, aucing Council permission to change
c ompanies.
On motion of Councilman Miller, seconded by Councilman Gallagher, the extension
of time was granted to-July 27, 1967 and also the substituting of title companies
was approved. Motion carried. Councilman Blake voting no.
17. Communication from H. Johnson, City Attorney, reporting on the proposals of
the legal staff of the California State Colleges and Department of General
Services regarding the agreement between the City and Cal Poly for Highland
Drive Extension.
Mr. Johnson stated that the following items should be decided by the City
Council as they entailed policy decisions.
1. The cost of the appraisal to be the sole expense of the City instead
of being shared equally between the State and the City.
2. The present agreement makes no provisions for the State to bear any
portion of the cost of improving the 24 foot portion of the road bed lying
adjacent to Cal Poly property.
3. The City would be obligated to acquire an easement from the Division
of Highways across that portion of land between north Chorro and Highway 1 and to
construct a road to City standards across such land prior to the proposed college
road completion.
4. The new proposal states the City's obligation to share an appropriate
amount of the cost of signalization at the intersection of Highland Drive
without specifying how this share will be determined.
5. The new agreement also contains a forfeiture provision which would
permit the State to re -enter and take possession of the property being conveyed
if the City fails to comply with any provisions of the agreement.
Mr. Johnson stated that as he has come into this matter quite late and there
might have been prior conversations between the City staff and representatives
of the Cal Poly College which make these changes appropriate, he stated he did not '
feel that this agreement was equitable to the City but he continued that the
agreement as presented constitutes solely a device for obtaining title to
the property leaving all the costs of improvements to be born by the City plus
a prorata share of the signalization.
After discussion by the City Council it was common agreement that Items 1 and
2 would be accepted by the City, that Item 3 should be amended to include some
statement that the City will attempt to negotiate in good faith with the Division
of Highways, the language in Item 4 should be clarified so that there would be
no question as to the responsibility of each party and there was no objection to
Item 5.
City Council Minutes
June 5, 1967
Page 8
The matter was re- referred to the City Attorney to attempt to amend the agreement
to follow the City Council's determination.
18. The matter of selection of an architect to design the new Police Facility
was continued to a later date.
18A. Mr. H. Murphy, Attorney, appeared before the City Council on behalf of Skip
' Combs, operator of the Sportsman's Club, regarding the notice sent by the City
Attorney that Mr. Combs must immediately cease and desist from providing topless
entertainment at the Sportsman's Club as no entertainment license has been issued
for this location.
Mr. Murphy questioned the interpretation of the Municipal Code sections that would
require a business to procure an entertainment license for a licensed premises
providing musical entertainment with or without singer.or dancer.
Mr. Murphy stated he objected to`the City threatening to revolk a business license
on this basis.
Mr. Murphy stated he was bringing this matter to the City Council's attention as
he felt it would be a policy decision of the Council set on all licensed premises
providing entertainment to be also licensed under Section 6100.8(c) of the
Municipal Code.
Mr. Johnson, City Attorney, then explained the reason for his notifying the property
owner and operator of the Sportsman's Club as follows: The concerned Section 6100.
8(c) requires any person who offers theatrical entertainment to petition the Council
to order a license issued therefor. The section further provides that when, in the
Council's opinion, any business is or may become dangerous to public morals the
Council shall refuse to grant the license: Under the circumstances, Mr. Johnson
stated that he felt it was his duty as City Attorney to require the operator of the
' Sportsman's Club to apply for such an entertainment license.
Councilman -Blake stated that under the provisions of 6100.8(c) he felt that the City
Council had the right to reject a license on the basis that it may become dangerous
or effect the public health, peace, safety or morals.
The City�Council then discussed with Mr. Murphy and Mr. Johnson, the various aspects
of this Code section.
The matter was referred to the City Attorney,.H. Johnson,-for a report and recommend-
ation at the July 3, 1967 Council Meeting.
19.• Mr. J. Fabbri, representing the Civic and Fine Arts Association, appeared before
the City - Council bringing.them up to date on the activities and studies on the
acquisition of a.Civic and Fine Arts Complex.
He stated that a representative committee of the Civic and Fine Arts Association
has met with the Council Committee to investigate ways and means of procuring a
Civic and -Fine Arts building'in the City of.San Luis Obispo.
Mr. Fabbri then presented a proposal from Rafferty and Company, Financial Consultants,
who offer to prepare a financial feasibility report for the operation of a Civic
And Fine Arts Complex in the community.
Mr. Fabbri stated that this feasibility report would be the first of several reports
that could be prepared by Rafferty and Company if the first feasibility report
showed that a Civic and Fine Arts Complex would be successful in the community.
Mr."Fabbri requested that the City Council appropriate the necessary funds in order
to retain this Firm to prepare the feasibility report as proposed.
He stated that the preliminary report would cost $4,500.-
Councilman Gallagher, member of the Council Committee meeting with the Civic and
Fine Arts Association, stated that until a report on the feasibility of whether
this -type of Civic and Fine Arts -or Convention Facility can be financed by the
City Council Minutes
June 5, 1967
Page 9
community and supported by the community after construction, a report should be
prepared before a& ing the citizens of the City to vote on the expenditure of funds
necessary to build the complex.
Councilman Blake, another member of the Council Committee, agreed with Councilman
Gallagher, that before anything further could be done that a feasibility report was
needed in order to see what financing was available and what the maintenance
cost would be in the future. '
Councilman Gallagher suggested that the City finance Phase A of the Rafferty and
Company proposal out of the bed tax funds as this facility, if built, would be
an asset to the Motel -Hotel operators.
J. Fabbri agreed that the City should finance the Phase A portion of the Rafferty
and Company proposal.
Mayor Whelchel brought to the City Council's attention the study being completed at
this time by the Cal Poly staff under a State Division of Real Estate Grant which
is to see if a Convention Center is needed in the City and whether it would be
used if constructed.
Mayor Whelchel stated that he felt that before other studies were started that this
report should be allowed to be completed and distributed.
R. D. Miller, Administrative Officer, brought up the matter of prior studies made
for the Civic and Fine Arts Association'by Stone and Youngberg, another Firm of
consultants, and he felt that possibly these reports could be brought up to date
at a much reduced fee.
Councilman Miller stated that he objected to the City financing another study as he
felt that the City has made-many, many studies on this and other matters and does
not feel that another outside consultant could tell the City Council what to do.
He stated that before he would approve funds for studies or construction of a
Convention Civic Arts Complex, that there were other more important improvements
needed in the City such as streets, water improvements, fire hydrants, improvement
of parks, etc.
J. Fabbri stated that while it was true the City of San Luis Obispo had spent
a lot of money on studies and reports that are not used or that do not fit any
problem, he felt that the Rafferty and Company report would be accepted by the body
politic and financial institutions.
He stated that he felt that the Cal Poly staff study would be of little value
due to the inexperienced staff being used by the College on this.report.. He urged
that the City authorize $4,500 to order this study started immediately so that
if the project is found to be feasible, Rafferty and Company can proceed with
the second phase of applying for Federal Funds to prepare the plans and that if
we wait too long to apply the City might lose this federal support.
Councilman Gallagher stated that he hoped the City Council keeps in mind that if
they proceed with this feasibility study that they would also agree to put the
matter to a vote of the people if the report shows that a Convention Civic and
Fine Arts Complex would be supported by the community and the vote would settle
this matter once and for all.
Councilman Spring stated that he would go along with the recommendation of the
Council Committee.
Councilman Blake stated that he would be willing to wait 30 days before authorizing
the Rafferty report in order to allow the Cal Poly Staff report to be completed.
On motion of Councilman Blake, seconded by Councilman Gallagher, the matter of
the feasibility report was continued to June 19, 1967 for a progress report
on the Cal Poly Study. Motion carried.
20. Communication from the City Planning Commission reaffirming their recommenda-
tion to the City Council to rezone that property bounded by Foothill Boulevard,
Santa Rosa Street, North City Limits, and the Southern Pacific Railroad right of
way from R -1, R -3, C -N -S and M to R -H.
City Council Minutes
June 5, 1967
Page 10
The Planning Commission stated that they felt this recommendation was reasonable
and suggested that the City Council not defer action on this recommendation any
later than January 1, 1968.
On motion of Councilman Miller, seconded by Councilman Gallagher, the communication
was received and filed. Motion carried.
' 21. Communication from Johnson Highlands, Inc., requesting that the City Council
issue final approval and acceptance of Tract Nos. 290 and 305 in the City of San
Luis Obispo was continued on the request of D. F. Romero, City Engineer, who stated
there are still several items that have not been completed in accordance with the
subdivision agreement.
22. W. E. Flory, Parks and Recreation Director, presented for the Council's consider-
ation plans and specifications and cost estimates for installation of a gate at the
Laguna Lake Park.
Mr. Flory estimates that the cost of material and labor would be approximately
$610.00.
On motion of Councilman Gallagher, seconded by Councilman Spring, alternate Plan No.
1 was approved and Mr. Flory was authorized to proceed. Motion carried. Councilman
Blake and Councilman Miller voting no.
23. W. E. Flory, Parks and Recreation Director, presented for the Council's
consideration and approval a list of specifications for sprinkler and sprinkler
material for the Sinsheimer Baseball Field.
After discussion by the City Council it was moved by Councilman Miller, seconded by
Councilman Spring, that the specifications be approved and a call for bids was
authorized. Motion carried.
' Mr. Flory stated that labor to install the sprinkler system would possibly be donated.
24. Memorandum from E. P. Thompson, Water Department Director, requesting authority
of the City Council to call for bids to purchase a machine to feed sodium hexa -meta
phosphate (Calgon) to the filtration plant effluent due to the high degree of acidity
of Salinas water.
Mr. Thompson estimates the cost of the machine installed to be $2,000 and a one year's
supply of chemicals $2,300.00.
On motion of Councilman Miller, seconded by Councilman Blake, the Administrative
Officer was authorized to call for bids for the machine and chemicals. Motion
carried.
25. D. F..Romero, City Engineer; presented a list of 28 properties for proposed
sidewalk installation under the provisions of Ordinance No. 257.
Mr. Romero explained the extent and location of the improvements to be completed to
each property. .
After discussion by the City Council a public hearing on the subject properties was
to be held on July 5, 1967.
On motion of Councilman Blake, seconded by Councilman Miller, the following
resolution was introduced. Resolution No. 1704, a resolution requiring sidewalk
improvements on portions of various streets in the City of San Luis Obispo.
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
City Council Minutes
June 5, 1967
Page 11
26. Communication from D. F. Romero, City Engineer, regarding revisions to the
City's Street Construction Standards which would require an upgrading of the
existing construction standards.
D. F. Romero, City Engineer, explained his proposal regarding improved base, more
adequate design, etc.
After discussion by the City Council Mr. Romero was requested to prepare a sample
block for reconstruction giving cost estimates under existing standards and cost
estimates under the proposed standards and including concrete.
27. Report of D. F. Romero, City Engineer, regarding failures in backfill on
street excavations was ordered received and filed.
28. D. F. Romero, City Engineer, presented for the City Council's consideration,
plans and specifications for construction of the City Maintenance Yard locker and
shower room at an estimated cost of $7,500.
On motion of Councilman Miller, seconded by Councilman Blake, the plans and -
specifications were approved and a call for bids was authorized. Motion carried.
29. D. F. Romero, City Engineer, presented for the Council's consideration plans
and specifications for construction of the Andrews Street-Footbridge:
Mr. Romero stated that the estimated cost of construction would be $5,400.00.
After discussion by the City Council on quality and grade of handrails, it was moved
by Councilman Spring, seconded by-Councilman Gallagher, that the plans and specifi-
cations be approved as presented in the plans. Motion carried. Councilman Blake
and Mayor Whelchel voting no.
30. On motion of Councilman Blake, seconded by Councilman Gallagher; the following
resolution was introduced. Resolution No. 1698, 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
31. On motion of Councilman Blake, seconded by Councilman Miller, the following
resolution was introduced. Resolution No. 1699, a resolution acknowledging receipt
of a notice of intention to circulate a petition to annex territory designated
"Los Osos Road No. 1" and approving the circulation of said petition.-
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 1
32. On motion of Councilman Spring, seconded by Councilman Gallagher, the following
resolution was introduced. Resolution No. 1700, a resolution of commendation to
Engineering and Grading Contractor's Association and Local 12 of the International
Union of Operating Engineers.
Passed and adopted on the following roll call vote:
AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring;
Donald Q. Miller, Clell W. Whelchel
City Council Minutes
June 5, 1967
Page 12
NOES: None
ABSENT: None
33. On motion of Councilman Blake, seconded by Councilman Gallagher, the following
ordinance was introduced for final passage. Ordinance No. 371, an ordinance amend-
ing portions of the zoning ordinance.
' 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
34. D. F. Romero, City Engineer, presented for the Council's consideration plans
and specifications for improving the east side of San Luis Drive from California
Boulevard.
Estimated cost to be $20,900 and the City's share to be $19,500.
The-City Engineer explained the scope of the project. The Council suggested that
the storm drain pipe at the bend be extended to the Creek. Mr. Romero agreed that
this was desirable and estimated this would add $2,500 to the cost of the job.
On motion of Councilman Gallagher, seconded by Councilman Spring, plans and specifica-
tions were approved and advertising.of bids was authorized. Motion carried.
35. D. F. Romero, City Engineer, presented a report regarding the installation of
curb and gutter along the westerly side of San Luis Drive between Munoz Avenue and
California Boulevard. -He explained that the only two property owners involved on
this portion of street were Southern-Pacific Railroad-and the San Luis Obispo School
District and reminded the Council that the City had agreed to install these improve-
ments for the School District. He recommended that no public convenience and
necessity hearings be set until the City is prepared to proceed with the remainder
of the street widening along this frontage.
The matter was continued until the City Council completes the widening of San Luis
Drive.
36. D. F. Romero, City Engineer, presented plans and specifications for widening
of Orcutt Road from the Southern•Pacific'right of way to Fernwood Drive and explained
the scope of the project to the City Council.
Estimated cost of the project $28,700.00.
On motion of Councilman Miller, seconded by Councilman Gallagher, the plans and
specifications were approved and advertising for bids was authorized. Motion
carried.
37. On motion of Councilman Miller, seconded by Councilman Blake, the following
contract payments were approved and ordered paid:
JACK FOSTER Est. #1 $3,220.90
' Sewer Farm Field Reconst. and (20% complete)
Fire Training Site
WEST COAST CONSTRUCTION COMPANY Est. #1 10,613.55
Waterline Improvements
Motion carried.
38. On motion of Councilman Blake, seconded by Councilman Spring, the City Council
set a public hearing on the 1967 -68 budget for•8:00 P.M., Monday, June 19, 1967.
Motion carried.
City Council Minutes
June 5, 1967
Page 13
39. On motion of Councilman Miller, seconded by Councilman Gallagher, the Mayor
was authorized to accept and record on behalf of the City the following covenants,
grant deeds and street widening agreements.
A. Covenant from W. A. Howie and Myrtis L. Howie for a retaining wall adjacent
to 6' integral sidewalk at 652 Morro.Street.
B. Covenant from Larry Field and Benjamin Cox for a Polygon with bench
straddling the right -of -way line at 84 Santa Rosa Street.
C. Grant deed from Kathrin J. Blodgett for street widening on Foothill
Boulevard.
D. Grant deed and street widening agreement from Mary H. Washburn on Johnson
Avenue.
Motion carried.
40.: Progress report by the City Engineer on street widenings was ordered received
and filed.
41. On motion of Councilman Gallagher, seconded by Councilman Spriag, a notice of
public auction for lease of grazing land at Laguna Lake was approved with a minimum
bid of $.40 per acre per month for a five year period and eliminating bulls. Motion
carried. Councilman Miller voting no.
42. On motion of Councilman Miller, seconded by Councilman Spring, the following
resolution was introduced. Resolution No. 1701, a resolution regarding distribution
of settlement funds among plaintiffs.
Passed and adopted on the following roll call vote:
AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, I
Donald Q. Miller, Clell W. Whelchel
`,NOES: None
ABSENT: None
In accordance with the action of Resolutions 1701 and 1702, the City Attorney was
authorized to prepare a claim for the City's share of the Whale Rock project pipe
involved in the anti trust suit.
43. R. D. Miller, Administrative Officer, announced the appointment of Donald J.
Lindeleaf as Police Officer effective June 1, 1967 at $494 per month.
44. Councilman Spring presented to.the. City Council a sketch of a proposed sign
to be installed at the north and south entrances to the City, announcing the availa-
bility of Mission San Luis Obispo for visits.
The sign would be placed and maintained by the Ryan Outdoor Advertising .Company.
On motion of Councilman Gallagher, seconded by Councilman Miller, the signs were
authorized to be placed. Motion carried. Councilman Blake voting no.
45. Fire Chief, L. Schlobohm, discussed with the City Council the events and
actions of the City Fire Department in connection with the Sears, Roebuck fire
of May 16, 1967. '
Mr. Schlobohm presented a report on personnel involved, training status and
response time.
The City Council questioned the Fire Chief on various citizen's complaints and
questions regarding this fire.
46. Communication from Francis E. McNamara bringing to the Council's attention a
deplorable and dangerous condition existing on McCollum Street down hill from Albert
Drive.
1
1
City Council Minutes
June 5, 1967
Page 14
Mr. McNamara continued that this street is used by many youngsters going to Pacheco
School and the ball diamond on the Pacheco School Grounds and on Saturday, June 3,
1967, a youngster was riding downhill on McCollum Street on her bike and hit one of
the holes in the street with such force that it tore the front wheel of the bicycle
off, catapulting her through the air knocking her unconscious, breaking her collar
bone, and bruising her badly.
Mr. McNamara asked that the City Council do whatever they could to fill the holes
on this street.
47. .The.checks from the America the Beautiful Fund contribution to the City as a
portion of the latest Mission Plaza Plan were ordered held and not deposited at this
time.
48. Mr. R. C. Skinner appeared before the City Council with a progress report to
the City Council of his financial difficulties in completing the improvements.and
development of Laguna Lake area.
Mr. Skinner stated that he has been staving off the bankruptcy court hoping to be
able to come out and complete his projects and protect his investors.
Mr. Skinner stated he had one problem he wished the City Council to consider and
that was that.he was hoping to reopen the Laguna Lake Golf Course and was planning
on using City water for this purpose. He asked that the City Council waive the
requirement of paying the acreage fee required by City ordinance of all properties
not previously.served with City water.
Mr. Skinner stated that it would be prohibitive for him or his golf course operator
to pay this acreage fee at this time and asked that this item be waived. He offered
that at some future date, if the use were to change to other than golf course use,
he would then pay the acreage charge.
He stated he felt that this was a fair request as he is giving.the City open space
recreation area with a park like atmosphere and hoped that the,City Council would
go along with this request.
Mr. Skinner stated that the golf course contained 26 acres and at $350.00 per acre,
this would involve an additional deposit of $9,100.00.
The City Council and staff discussed with Mr. Skinner his request to waive the water
acreage charge for the golf course.
This matter was continued to 9:00 P.M., Wednesday, June 7, 1967.
49. H. Johnson,.City Attorney, reported to the City'Council that in negotiating
with Westbrook for. purchase of property on Monterey Street the present appraisal is
over one year old and he requested that the City Council order a new appraisal.
On motion of Councilman Gallagher, seconded by. Councilman.Miller, that the City
Attorney be authorized to hire an appraiser for the Westbrook property. Motion
.carried.
50. On motion of Councilman Blake, seconded by Councilman Miller, the meeting
adjourned at 1:30 A.M. to Wednesday, June 7, 1967 at 7:30 P.M. Motion carried.
' APPROVED: June 19, 1967
. H. FITZPATRICK
CITY CLERK