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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 Robert Johnson requested that his matter be withdrawn from Council consideration.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