Loading...
HomeMy WebLinkAbout08/21/1967City Council Minutes August 14, 1967 Page 6 11. On motion of Councilman Miller, seconded by Councilman Blake, the meeting adjourned. Motion carried. APPROVED: September 5, 1967 ,1,;V H/. FITZPATRICK CITY CLERK MINUTES REGULAR MEETING OF THE CITY COUNCIL August 21, 1967 - 7:00 P.M. CITY HALL Invocation by the Reverend John Fuller, St. Stephens Episcopal Church. Roll Call City Staff Present: Emmons-Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller., Clell W. Whelchel- Present: R. D. Young, Planning Director; J. H. Fitzpatrick, City Clerk; H. Johnson, City Attorney; R. D. Miller, Administrative Officer;-L. Schlobohm, Fire Chief; E.:L: Rodgers, Police Chief; E. P. Thompson, Water Department Director; Robert Vosburgh, Assistant to the City Engineer; J. Stockton, Assistant to the Parks and.Recreation Department. On motion of Councilman Gallagher, seconded by Councilman Blake, the minutes of the meeting of August 7, 1967 were approved. Motion carried. On motion of Councilman Miller, seconded by Councilman Gallagher, claims against the City for the month of August 1967 were approved subject to the approval of the Administrative Officer. Motion carried. 1. On motion of Councilman Miller, seconded by Councilman Gallagher, the following ordinance was introduced. Ordinance No. 383, an ordinance levying w tax for the current 1967 -68 fiscal year upon all taxable property within the City of San Luis Obispo and fixing the rate of such tax. 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 2. Robert Vosburgh, Assistant to the City Engineer, presented the plans. and specifications for the Johnson Avenue Widening and blanket coat to extend from the Johnson Street and SPRR overpass east to Orcutt Road. Mr. Vosburgh stated that the estimated cost of the project was $93,000. $55,000 for the blanket coat and $38,000 for other improvements. On motion of Councilman Blake, seconded by Councilman Gallagher, the plans and specifications were approved and the City Engineer was authorized to call for bids. Motion carried. FJ 1 1 City Council Minutes August 21, 1967 Page 2 3. Robert Vosburgh, Assistant to the City Engineer, presented the plans and specifi- cations for local street improvements on the following streets: Benton Way, Murray Avenue, Toro Street, Morro Street, Nipomo Street, Church Street, Southwood Drive, Augusta Street, Sydney Street, Gerda Street. The improvements are shown on the City Plan No. 1 -68. He estimated that the cost of these improvements would be $34,000. On motion of Councilman Miller, seconded by Councilman Spring, plans and specifica- tions were approved and the City Engineer was authorized to call for bids. Motion carried. 4. Communication from the San Luis Obispo Jaycees requesting permission to do door to door selling of zip code books, the proceeds to be used to finance youth activities of the Jaycees. The City Council discussed granting of permits for door to door sales in violation of existing City ordinances. H. Johnson, City Attorney, stated that under the existing code provisions there was no way the City Council could exempt charitable or fraternal organizations from these regulations. On motion of Councilman Miller, seconded by Councilman Gallagher, the request of the Jaycees was denied. Motion carried. S. Communication from the San Luis Obispo YMCA requesting Council permission to install a thermometer to show progress of their fund drive for the period September 29 to October 29, 1967. They requested that this thermometer be placed in the Mission Plaza Park. On motion of Councilman Gallagher, seconded by Councilman Spring, permission was granted subject to the thermometer being installed to the satisfaction of the Planning Director. 6. Memorandum from the City Engineer stating that on August 8, 1967 he had discussed with Mr. Skinner the urgency of completing the sewer facilities in Tract No. 322. He continued that the developer hired McBrides Plumbing and Sheet Metal Company to conduct the work which has been underway for approximately 10 days. Mr. Romero continued that at the present rate of progress the sewer line should be operational within approximately two weeks. On motion of Councilman Miller, seconded by Councilman Gallagher, that Mr. Jack Farris be allowed to hook up his dwelling to the sewer line as soon as it has been cleaned. Motion carried. 7. Memorandum from Kenneth R. Anderson Company forwarding for the Council's information a work schedule for the Whale Rock Recreational Feasibility Study. Mayor Whelchel asked that the Anderson Company be reminded that they had promised a six month period of time to complete the study and that the proposed schedule goes beyond that period. The Mayor stated that he felt if this thing dragged on much longer, many people in the community would feel that the City Council was proceeding in poor faith. Mr. Johnson, City Attorney, stated he would contact Mr. Anderson regarding the completion date of the study. The matter was continued. City Council Minutes August 21, 1967 Page 3 8. Communication from the San Luis Obispo County Junior College District requesting that the City take the necessary steps to provide an adequate supply of water to the Junior College when it is situated on its new campus. They stated they felt the maximum water requirements for the new. College campus would be 90 to 110 acre feet of water per year. The City Council discussed the best approach to serving water to the Junior College and the matter was referred to the City Attorney, H. Johnson, and the Water Superintendent, E. P. Thompson, for preparation of an agreement for the Council's consideration. On motion of Councilman Miller, seconded by Councilman Gallagher, the City staff was authorized to proceed with an application to the Army to extend the area of use and also authorization from the Whale Rock Commission to serve City water to the Junior College. Motion carried. 14. Communication from R. C. Skinner Companies requesting that the City Council allow an extended payment plan for the water acreage fee for the Laguna Lake Golf Course over a 10 year period as previously proposed. Mr. Skinner also asked that in addition to the previous arrangement, that the name of the lessee of the golf course be included in the agreement so that he may be assured a long term supply of water from the City. H. Johnson, City Attorney, recommended that any agreement as requested by the Skinner Companies should include both the property owner and lessee as the property owner would be the only one who could covenant his land to guarantee payment of these fees. Mr. Thompson, Water Superintendent, brought to the Council's attention that at the.present time there was a delinquent water bill on this property that should be considered before further services are granted. On motion of Councilman Blake, seconded by Councilman Gallagher, the City Attorney was authorized to prepare an agreement granting a 10 year payment plan for the acreage charge on the golf course plus immediate payment of delinquent charges and it would only apply for recreational purposes and if the property is sold all unpaid charges are due and payable immediately. Also 1 /10th of the - acreage charge shall be paid annually in advance. Motion carried. 15. Memorandum from D. F. Romero, City Engineer, regarding the Dalessi sidewalk repair at the corner of Santa Rosa and Palm Streets was continued from the August 7, 1967 Council meeting. Mr. Romero reported that the existing sidewalk along this property was installed many years ago and was badly out of grade sloping toward the property rather than toward the curb and containing dished areas in the surface. When the property was posted for repairing it was posted near a tree where a raised place had created a potential stumbling point for pedestrians. He continued that the City did not attempt to repair the entire sidewalk since this created a financial hardship on the owner, but merely corrected the portion where a pedestrian hazard occurs. He continued that water has always stood in shallow puddles on the sidewalk and since the City did not attempt to correct this condition, the water will still stand. Mr. Romero stated he met with Mr. Dalessi at the site and pointed out that a substantial expense would be involved to correct the standing water problem since this would involve complete removal and replacement;of the entire sidewalk along the side property line. He stated he told Mr. Dalessi the City was perfectly willing to bear the cost as outlined in the 1911 Act. City Council Minutes August 21, 1967 Page 4 Mr. Dalessi was not willing to bear this cost therefore, no further action to correct the puddling was taken. A small defect in the contractor's work was pointed out by Mr. Dalessi and the City has had the contractor repair this work. Mr. Romero stated that Mr. Dalessi had been properly billed for the work conducted ' and as he had not chosen to share the expense of the drainage improvement, Mr. Romero recommended that the City Council proceed to make these charges a lien against the property. .The City.Council discussed the report of Mr. Romero and also investigations made by individual Councilmen and it was recommended that this matter be continued until Mr.. Romero is present to present cost figures to correct the condition of the Dalessi sidewalk and to report on whose responsibility it would be to repair the existing defect. Matter continued. 17. Communication from Jack's Towing notifying the City of San Luis Obispo that they would be unable to continue towing and storing abandoned vehicles as requested by the Police Department at no charge as has been past practice. Mr.. McCord stated that due to the great number of abandoned vehicles that must be stored when picked up by order of the Police Department, that the storage became quite a problem and he felt that a fee of $25.00 per car would be equitable.for this service. E. L. Rodgers, Police Chief, reported to the City Council that he has received several proposals from out of town car wreckers who would be very pleased to pick up and store abandoned vehicles in the City of San Luis Obispo at fees less than those proposed by Jack's Towing. R. D. Miller, Administrative Officer, suggested.that the City prepare specifications for this work, advertise for bids on a competitive basis for a yearly contract to pick up and store these abandoned vehicles. On motion of Councilman Blake, seconded by Councilman Miller, the City Attorney was authorized to prepare specifications for this work and to call for bids on a yearly basis. Motion carried. 9. At this time the City Council held:a public hearing on the recommendation of the Planning Commission to rezone Lot 101 of the San Luis Suburban Tract from U - Unclassified to M -A -H - Manufacturing Airport Hazard District. Mr. Young, Planning Director, stated that the Planning Commission recommends this rezoning on the following basis. 1. The General Plan proposes that this area be developed with industrial uses. 2. The subject property is contiguous to a parcel under the same ownership which is zoned by the County M -1 -AH. The applicant is in the process of requesting the annexation of the contiguous parcel. Upon annexation the County M -1 -AH will convert to City M -A -H. 3. The requested rezoning is in accordance with the community's General Plan. ' 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 Miller, the following ordinance was introduced and passed to print. Ordinance No. 386, an ordinance rezoning property east of Broad Street near Tank Farm Road from U to M -A -H Land Use District. Introduced and passed to print on the following roll call vote: City Council Minutes August 21, 1967 Page 5 AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel NOES: -None ABSENT: None 18. Communication from Silvio de Castro stating that he is planning to build a , building on Ferrini Road across from Felton Way and stating he did not know that there was no water service available to this property and that he would have to share in the cost of extending water from the nearest point of adequate supply.. He stated that this fact was unknown to him but it was his understanding that the City Council would bear 1/2 the cost of a 2 -1/2" water main to serve the property. Mr. Thompson, Water Superintendent, presented extracts of the City Council minutes of July 5 and 18, 1966 when this property was considered for development by Mr. de Castro and at which time he protested the payment to extend the water main.to supply his property at which time the City Council' denied the request stating that all property owners would have to comply with the provisions of the City ordinances. Mr. Thompson continued explaining the physical layout of water service in this area and what would be required to adequately serve this property with water.. Mr. Thompson stated that -if an extension could be made from Felton Way and Ferrini to the 8" main in Chorro Street it would not only help Mr. de Castro's problem but would add to the City water pressures in the northeast portion of the community. He recommended that the'City Council proceed to install an 8" main between Felton Way and North Chorro Street. Mr. Thompson stated that the estimated total cost of the water line extension including a fire hydrant would be $5,434.00 with the City paying $4,037.00 and ' Mr, de Castro paying $1,397.23. On motion of Councilman Miller, seconded by Councilman Spring, that the City place an 8" line on Ferrini Road including a fire hydrant with de Castro to pay his prorata share of the water cost in front of his property. 10. At this time the City Council held a public hearing on the recommendation of the Planning Commission for the City Council to approve a planned development from R -1 to PD /R -1 for Leonard Blaser on Johnson Avenue. R. D. Young, Planning Director, presented the Planning Commission's recommendation on this development. 1. The planned development procedure is intended to permit and encourage the use of new concepts of planned developments and planning. The submitted proposal falls within the scope and intent of the planned development. 2. The proposed development falls within the overall density of the R -1 District; however, the developer proposes the use of common walls, private access, and common open space. The fact that the proposed units will be under individual ownership and subdivided for this purpose, distinguishes-this development from conventional multiple family development. The overall design is such as to attempt to achieve maximum compatibility between the proposed development and adjacent residences. 3. The adopted General Plan recommends that this area be developed as low medium residential. The proposed development does not conflict with the General Plan proposals. Mayor Whelchel declared the public hearing open. Leonard Blaser appeared before the City Council asking that condition E of the special conditions of the planned development be referred to the Planning Director asking that in lieu of the required fence that it be amended to include and /or adequate screening on Johnson Avenue. I City Council Minutes August 21, 1967 Page 6 Mayor Whelchel declared the public hearing closed. On motion of Councilman Gallagher, seconded by Councilman Miller, the following resolution was introduced. Resolution No. 1737, a resolution approving the prelim- inary plan of the planned development at 2802 Johnson Avenue. 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 11. At this time the City Council held a public hearing on the recommendation of the Planning Commission to rezone property at 2957 and 3033 Augusta Street from R -3, Multiple Family Residential Use to R -0, Residential Office Use. R. D. Young, Planning Director, presented the following considerations given by the Planning Commission for recommendation to the City Council. 1. The General Plan proposes the development of manufacturing research, retail commercial and high density residential uses in the general area in which the subject property is located. 2. The subject property is contiguous to a C -H District to the south and is bounded on the west, north and east by existing R -3. 3. The approval of R -0 zoning would not be inconsistent with the existing ' zone pattern nor in conflict with the recommendations of the General Plan. The R -0 District would provide an appropriate transition between the heavy commercial district to the south and residential district to the north. 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 Gallagher, the following ordinance was introduced and passed to print. Ordinance No. 387, an ordinance rezoning property at 2957 and 3033 Augusta Street from R -3 to R -0 Land Use District. 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 12. At this time the City Council continued sale of surplus property at 146 Higuera ' Street (former Cornet Store Building). No one appeared before the City Council on this matter. The matter was continued. 16. Communication from Mrs. 0. B. Young, 894 Meinecke Street,-requesting that the City Council reconsider the proposed parking restrictions on Meinecke Street between Chorro and Broad Streets. Mrs. Young stated that she did not feel that this restriction was necessary on Meinecke Street between Benton Way and Chorro Street. She stated that this require- ment would make a hardship on herself and her family. City Council Minutes August 21, 1967 Page 7 Robert Barrows, 817 Meinecke Street, appeared before the City Council urging that they reconsider the parking restrictions on Meinecke Street from Benton Way to Chorro Street. He suggested rather than the two hour limit and no parking 3:00 to 5:00 a.m., that a four hour parking'restriction be placed on the block with no limit on weekends or holidays. On motion of Councilman Miller, seconded by Councilman Gallagher, that the City , Engineer only place signs on Meinecke Street from Broad Street to Benton Way and refer the balance of Meinecke Street to the Traffic Committee for study. Motion carried. 20. On motion of Councilman Miller, seconded by Councilman Spring, the following ordinance was introduced for final passage. Ordinance No. 385, an ordinance rezoning property at the southwest corner of Taft Street and California Boulevard from R -4 to R -C. Finally passed on the following roll call vote: AYES: Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel NOES: Emmons Blake ABSENT: None 21. Communication from the City Planning Commission forwarding to the City Council their recommendation to approve the use permit for the service, station to.be located at the southwest corner of Taft and California Boulevard recently rezoned to R -C. , The Planning Commission recommended the approval of the use permit with the following conditions. 1. Development shall be in accordance with the submitted plot plan subject to its revision to meet all requirements of City ordinances and codes. 2. A landscaping plan showing the type of planting and method of irrigation shall be submitted to the Department of Planning and Building for review and approval. 3. Lighting shall be so arranged as not to illuminate adjacent properties or the public right -of -way. 4. Bells and signal devices shall not be used after 10:00 P.M. 5. The proposed sign shall not be located within 50' of the boundary line of the R -C District and adjacent residential districts. 6. No outside storage. No outdoor loudspeakers. Sales limited to automotive products. 7. Mechanical work on automobiles shall be restricted to minor repair and tune -up and servicing. 8. Parking arrangement to be to the satisfaction of the Planning Department and City Engineer. On motion of Councilman Miller, seconded by Councilman Gallagher, that the use permit be granted subject to the conditions established by the Planning Commission. Motion carried. City Council Minutes August 21, 1967 Page 8 13. At this time the.City Council held a public hearing on the recommendation of the Planning Commission to rezone Lot 7, Block 10, of the Weill`s addition from R -2, Residential Medium Density to C -N, Neighborhood Commercial. R. D. Young, Planning Director, presented the following recommended approval to the City Council. ' 1. The subject property is contiguous to a C -N District and is presently being used.for parking although unimproved. The applicant wishes to use the property for parking in conjunction with a proposed new development on a contiguous C -N parcel. If the subject property were zoned C -N the applicant could then bring the parking area up to City standards. 2. This request appears to be for a logical expansion of an existing commercial district. Approval of C -N zoning would provide adequate area for additional parking. 3. The approval of this request would not be detrimental to adjacent properties or the surrounding neighborhood but would in effect create a more logical zone boundary. On motion of Councilman.Gallagher, seconded by Councilman Blake, the following ordinance was introduced.and passed to print. Ordinance No. 388, an ordinance rezoning the property at 946 Branch Street from R -2 to C -N Land Use District. 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 X. Robert Leitcher, property owner, appeared before the City Council and presented the City Council 34 checks totaling $240.00 to be used in landscaping portions of the City owned property in the Mission Plaza area. He stated that the $240.00 came from 34 individual citizens of the City interested in the Mission Plaza development. He stated that this small amount of support to landscaping the Mission Plaza was quite a shock to him as he felt that more support would be given to his appeal for funds to begin landscaping the Mission Plaza area. He suggested that the City Council look very thoroughly into any large expenditures in the Plaza area to see what support the community really would give to this development. He asked that the City Council look into the possibility of placing trash cans in the Mission Plaza area so that people will not throw debris on the ground and also to the installation of some sort of a water service so that the landscaping can be maintained when it is planted. He also suggested that the City might install some picnic tables. in the area adjacent to Parking Lot No. 10 so that tourists and visitors to the City could eat a picnic lunch in this park. He also stated that he realized the difficulty the City Council was having in trying to get together with the property owners on the east side of the Creek to make some improvement and development to their property and he therefore suggested that possibly the City Council should go ahead with the development of the land owned by the City and let the property owners proceed at their own speed. Mayor Whelchel thanked Mr..Leitcher. for the checks and also for his interest in this community development and hoped that other citizens would.follow his lead. 22. Petition from property owners owning land on Stafford, California and Kentucky Streets appealing the decision of the Planning Commission in denying their requested rezoning from R -2 to R -C. City Council Minutes August 21, 1967 Page 9 Mrs. Marquez appeared before the City Council stating that had the property owners who signed this petition realized that their land would not be considered when the other portion of the block was appealed, they too would have appealed at that time. Apparently they had been misinformed and now asked that the City Council look into this matter for them. Mayor Whelchel stated that this matter had been referred to the Planning Commission to make a study and recommendation for rezoning in this general area and that when this report was received the City Council-would hold a public hearing and the property owners would be informed and be asked to attend. The matter was continued for receipt of a report from the Planning Commission. 19. L. Schlobohm, Fire Chief, presented a special report to the City .Council on the 1967 Weed Abatement Program. Mr. Schlobohm stated that in order to beautify the lots in addition to reducing the fire hazards, that he would suggest that the City Council purchase a power sickle bar mower in order to cut the heavier weeds along fences and buildings and then come back when these weeds are dried and burn the lots. He also suggested that possibly the minimum charge for weed burning and lot cleaning should be increased to encourage the property owners to take care of their own weed problems and avoid the necessity of the City going to these weed programs. The City Council discussed with the Fire Chief the need of purchasing a new piece of equipment for this program and asked Mr. Schlobohm to look into the possibility of purchasing a sickle bar attachment for the existing weed abatement tractor. The matter was continued for additional information from the Fire Chief. 23. Communication from the General Adjustment Bureau reporting to the City Council i the facts considered in denying the claim for damages filed by Mr. Howell against the City of San Luis Obispo. The matter was continued and Mr. Howell was to receive a copy of the report from the insurance company. 24. The City Council discussed ways and means to adequately serve the area in Zone 4 with water service particularly along Alrita Street. Councilman Miller presented for the Council's information the water problem existing for property owners on Alrita Street northeast of Flora Street. He stated that the properties connecting to the water system through the hydro - pneumatic system receive inadequate service and were many times completely out of domestic service and he felt that while this system was put in over the objection of the Water Superintendent that he feels these residents and property owners are entitled to adequate water service and urged the City Council to improve the service immediately. E. P. Thompson, Water Superintendent, stated the problem as follows: He reviewed a report on the matter dated, February 15, 1967 that he had submitted to the Council earlier in the year. The City Council discussed with Mr. Thompson the water problems and the best methods of achieving adequate service to these properties. On motion of Councilman Miller, seconded by Councilman Gallagher, that the City tie all properties on the gravity line below 460 feet elevation when the new main is placed in Alrita Street and then add a standby pump in the Alrita pump station to serve properties above elevation 460 feet. Motion carried. Councilmen Spring and -Blake voting no. City Council Minutes August 21, 1967 Page 10 25: Memorandum from the City Engineer stating that at the time of the approval of the temporary map:;of Tract No. 347, San Luis Auto Park, a requirement was establish- ed by the City Council and the City Planning Commission as follows: 1. Installation of curb and gutter, and earth work to complete Los Osos Road to subgrade. The City will place base and paving on Los Osos Road when this property annexes. At that time it was anticipated that Los Osos Road or at-.least a portion of Los Osos Road adjacent to the subdivision would annex to the City. As it turns out, the annexation boundary will be the property line between the subdivision and the street. To my knowledge, there have been no exactly similar circumstances to this within the past 11 years, therefore no policy established, although the City has consistently placed base and paving when only a portion of the street adjacent to the subdivision lay within the City limits. In order to properly plan the base and paving prior to winter rain, both Mr. Maino and the City Engineering Department would like a statement from the Council regarding the City's.intention concerning street work adjacent to the subdivision if the annexation is sucdessful. Our estimate for the cost of the work is $20,000.00, which can be expended out of gas tax funds if desired. H. Johnson, City Attorney, stated upon question that he felt that gas -tax funds could be spent on streets and roads outside theCity if they were spent for major streets. Councilman Blake felt that the City Council was morally obligated to pay for the cost of paving of Los Osos Road adjacent to Tract No. 347 even though the annexation boundaries have changed since the original agreement was consummated. Mayor Whelchel questioned the propriety of putting improvements outside the City when the area to be improved has not been annexed to the City. R. D. Young, Planning Director, stated upon question he was preparing a fact sheet for all the registered voters in the area proposed to be annexed and that he was planning to hold a meeting with the registered voters and the City staff in order to explain the benefits of annexation to the City. T. Maino, developer, stated that the urgency in this matter was to pave the area of Los Osos Road along Tract No. 347 between the curb, gutter and sidewalk and the existing pavement prior to the winter rains as this area is 10 to 8 inches below the existing street grade and a heavy rain could wash out the existing street and subdivision improvements. R. D. Miller, Administrative Officer, suggested that the developer put in the paving at this time. and then have the City reimburse him if and when the annexation is consummated. The City's inspectors could review the quantities and cost at the time the work was being done so that the developer would receive full consideration of his cost. On motion of Councilman Spring, seconded by Councilman Blake, that the City enter into an agreement with -the developer and that he pave this.portion of Los Osos Road and be reimbursed by the City upon annexation with the approval of the City Engineer and Administrative Officer on construction costs and quantities. Motion carried. 26. Memorandum from the City Engineer reporting to the City Council on the Union Oil line modification approved by him on San Luis Drive. Mr. Romero explained the conditions and location of the pipe and the City's responsibility as to payment for this lowering of the pipe line. City Council Minutes August 21, 1967 Page 11 H. Johnson, City Attorney, explained the City's responsibilities as follows:. Inasmuch as the lowering of the pipelines required only approximately 27 feet of excavation within the City right of way and over four times that distance outside the right of way, and the fact that the cost of lowering the lines in this fashion was considerably lower than attempting to-resolve the problem though diverting the pipeline solely in the area outside of the right of way, the total cost of the lowering of the pipeline should be borne by the City of San Luis Obispo. Councilman Blake stated he felt that the City Engineer and the City Attorney had , approached this matter in a professional manner and that the City Council should support their staff and authorize the $2,000 expenditure for the Union Oil Company to lower their lines. Mayor Whelchel questioned why the City should spend funds to lower privately owned utility lines outside the City owned property and also questioned the fact that this information was not adequately shown on the project plans. He also wanted to know why the City Council was not notified of this problem until August 14, 1967 when the pipe line was broken on August 2, 1967 and the City Council held a meeting on the 7th of August. Councilman Gallagher stated he felt that this problem with the Union Oil Company pipe line should have been brought to the Council's attention or at least placed in the plans so that it could have been taken care of along with the regular contract. Mayor Whelchel again questioned the fact that this pipe line problem was not included in the contract documents for the street widening. R. Vosburgh, Assistant to•the City Engineer, explained the problems encountered by the Public Works Department in relation to the lowering and location of the Union Oil Company pipe line during this street widening. 1 H. Johnson, City-Attorney, explained the contractor's liability under the contract as far as the break in the pipe line was concerned. He stated that the lowering of the pipe line outside the limits of this contract was not the responsibility of the contractor doing the work on the widening. On motion of Councilman Gallagher, seconded by Councilman Blake, that the City authorize payment up to $2,000 to Union Oil Company for lowering of the pipe line. Motion carried. On motion of Councilman Gallagher, seconded by Councilman Blake, that change orders and amendments to City contracts be allowed to a maximum of $500 without prior Council approval. Motion carried. Mayor Whelchel called a recess at 10:15 P.M. The meeting reconvened at 10:30 P.M. with all Councilmen present. 27. Report from the County Health Department on the weed and insect problem at Laguna Lake was continued. Councilman Donald Q. Miller left the meeting at 10 :45 P.M. 28. Communication from T. C. Maino requesting annexation of Lot 101 of the San Luis Suburban Tract to the City of San Luis Obispo. The property owner consents and agrees that when the property is annexed it shall be subjected to the same taxation equally with property in the City and pay the bonded indebtedness of the City of San Luis Obispo outstanding or authorized at the date of the first publication of a notice of election.. On motion of Councilman Blake, seconded by Councilman Gallagher, the following resolution was introduced. Resolution No. 1734, a resolution of intention to annex territory known as "Broad Street Industrial Annexation No. 2" to the City of San Luis Obispo. City Council Minutes August 21, 1967 Page 12 Passed and adopted on the following roll call vote: AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Clell W. Whelchel NOES: None IABSENT: Donald Q. Miller 29. Communication from the City Planning Commission recommending that the City Council approve the rezoning of property at the north corner of Woodside and Southwood Drive for the Hacienda Hospital, Inc. -from R -1, C -2, C -N -S to R -0. The matter was set for public hearing at the meeting of September 5, 1967. 30. Communication from the Planning Commission recommending that the City Council amend the Municipal Code relating to parking requirements for multiple family developments. The matter was set for public hearing on September 5, 1967. 31. The City Council discussed the purchase of a portion of the Laguna Lake property from -the School District. R. D. Miller, Administrative Officer, stated he had discussed this matter informally with Dr. Notley, District Superintendent, who informed him that the School Board was going to amend the agreement and restrict any subsequent.sale of the property by the City to a 10 year period. Councilman Spring stated that he was opposed to buying this property from the School District with any conditions binding on future Councils. He stated if the School District wanted to sell this property it should be sold without any strings attached and without any conditions. He stated unless the conditions were removed he would be opposed to purchasing this property. Councilman Gallagher stated that he felt that at the price of the property this was a good buy for the City and that he would go along with a 10 year restriction on the transaction. Mayor Whelchel also stated that.the 10 year condition was a fair one The matter was continued for receipt of the amended agreement from the District Attorney. 32. The City Council discussed the placing of permanent surfacing and landscaping at Parking Lot No. 9 adjacent to the Historical Museum. R. D. Miller, Administrative Officer, reported to the City Council that money had been placed in the budget for the placement of all weather surfacing on-this parking ' lot and other improvements. It was the consensus of the opinion of the Councilmen present that the City proceed with the improvements approved in the 1967 -68 budget. 33. Communication from the State of California Department of Housing and Community Development requesting that the City of San Luis Obispo notify them if the various conditions of Division 13 of the Health and Safety Code of the State of California are being enforced by the City. R. D. Young, Planning Director, reported to the City Council that these provisions of the State law are being enforced by the Building Department of the City of San Luis Obispo. City Council Minutes August 21, 1967 Page 13 on motion of Councilman Gallagher, seconded by Councilman Spring, that the State of California be notified that these provisions are being enforced by the City. Motion carried. 34. Communication from the Governor, State of California, asking the City Council to consider taking part in salute to City and County Government Week, October 8- 14 and to appoint a citizens' committee and work with other committees and citizens I in the State to salute the work being done by City and County Governments in California. On motion of Councilman Gallagher, seconded by Councilman Spring, the communication was. ordered received and filed. Motion carried. Councilman Blake voting no. 35. Communication from D. F. Romero, City Engineer, notifying the City Council that he had contacted the company selling the bucket machine for use with the porcupine sewer cleaning operation and that they have a secondhand machine for sale together with the necessary manhole roller, yoke, and 1000 feet of used 1/2" steel cable for the amount of $700 plus 5% sales tax.. He stated that the company will guarantee this used equipment for one year and it would be delivered to the City on approval. On motion of Councilman Blake, seconded by Councilman Gallagher, the purchasing agent was authorized to purchase the equipment as reported by Mr. Romero. Motion carried. 36. Communication from the California Disaster Office notifying the City of San Luis Obispo that the State will no longer pay for the Bell and Light Receivers for emergency warnings to the various cities and counties. The CDO stated that 1/2 of the cost of these receivers could be recovered by applyin� to the Federal Office of Civil Defense for reimbursement. Cdr. Gullickson, Deputy, Director of Civil Defense, recommended to the City Council that there would be sufficient funds in the Civil Defense Budget for this $63.00 expenditure. On motion of Councilman Gallagher, seconded by Councilman Blake, the request was approved and they would pay for the Bell and Light Receivers. Motion carried. Councilman Spring voting no. 37. Communication from 0. J. Gullickson, Deputy Director of Civil Defense, notifying the City Council that Glenn 0. Porter has resigned as a member of the Civil Defense and Disaster Advisory Board effective August 31, 1967. Cdr. Gullickson asked that the City Council consider the appointment of William Jackson to fill the vacancy of Mr. Porter resigned. On motion of Councilman Gallagher, seconded by Councilman Blake, that the resignation of G. 0. Porter be accepted with regret and that William Jackson be appointed as a member of the Civil Defense and Disaster Advisory Board. Motion carried. 38. Communication from the San.-Luis Coastal.Unified School District requesting that necessary steps be taken to cancel taxes on property purchased by the District from Dennis H. Perozzi and Kenneth E. Smee for school purposes. On motion of Councilman Blake, seconded by Councilman Gallagher, the request was approved and the taxes were ordered cancelled. Motion carried. 39. Communication from the State Division of Highways requesting cancellation of City taxes on portions of property acquired by the State for highway purposes on Santa Rosa Street. (Rudolph Poe and Arletta Moore) City Council Minutes August 21, 1967 Page 14 On motion of Councilman Gallagher,-seconded by Councilman Spring, the.request was approved and the taxes were ordered cancelled. Motion carried. 40. On motion of Councilman Blake, seconded by Councilman Spring, the following resolution was introduced. Resolution No. 1726, a, resolution increasing the 1967 -68 budget. • ' Passed and adopted on the following roll call vote: AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Clell W. Whelchel NOES: None ABSENT: Donald Q. Miller On motion of Councilman Spring, seconded by Councilman Blake, the following resolution was introduced. Resolution No. 1735, a resolution increasing the 1967 -68 budget. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Clell W. Whelchel NOES: None ABSENT: Donald Q. Miller ' 41. The City Clerk reported on the following bids received for Foothill Boulevard Resurfacing Project, City Plan No. 1 -68. 1. C. S. Construction Company. $31,561.50 Post Office Box 24 Pismo Beach, California 2. M. J. Hermreck 31,692.50 Post Office Box 217 Nipomo, California 3. Harms Brothers 35,578.00_ 5261 Stockton Boulevard Sacramento, California 4. Ted Watkins 35,779.00 Post Office Box 1380 San Luis Obispo, California 5. E1 Rio Construction Company 36,406.00 Post Office Box 3 Oxnard, California Engineer's Estimate 38.,475.00 ' R. Vosburgh, Assistant to the City Engineer, recommended that the low bid of C. S. Construction Company be accepted. On motion of Councilman Gallagher, seconded by Councilman Blake, the low bid of C. S. Construction Company was accepted. Motion carried. 42. On motion of Councilman Gallagher, seconded by Councilman Spring, the following contract payments were approved and ordered paid. City Council Minutes August 21, 1967 Page 15 W. M. LYLES COMPANY Est. 462 Highway Patrol Sewer Line (100% complete) W. M. LYLES COMPANY Est. 463 (Final) Highway Patrol Sewer Line (100% complete) C. S. CONSTRUCTION COMPANY Est. 463 Santa Rosa Street Widening (100% complete) C. S. CONSTRUCTION COMPANY Est. 464 (Final) Santa Rosa Street.Widening (100% complete) Motion carried. $ 0 748.11 58.50 1,041.59 43. On motion of Councilman Gallagher, seconded by Councilman Spring, the following salary step increases were approved. BARRE, Eugene H., Maintenance Man II, from Step 4 at $508 to Step 5 at $535 per month, effective September 1, 1967. DAUPHIN, George R., Police Officer, from Step 2 at $582 to Step 3 at $617 per month, effective August 1, 1967. DAY, John W., Maintenance Man II, from Step 4 at $508 to Step 5 at $535 per month, effective September 1, 1967. , GLASSMEYER, Elaine A., Stenographer, from Step 3 at $430 to Step 4 at $455 per month, effective September 1, 1967. GOSSELIN, Ramon E., Fireman, from Step 2 at $550 to Step 3 at $582 per month, effective September 1, 1967. LINDELEAF, Donald J., Police Officer, from Step 1 at $550 to Step 2 at $582 per month, effective September 1, 1967. WILLIS, Marian L., Stenographer, from Step 2 at $405 to Step 3 at $430 per month, effective September 1, 1967. Motion carried. 44. On motion of Councilman Blake, seconded by Councilman Spring, the Mayor was authorized to accept and record a grant deed and sign the street widening agreement from Fred L. Shaffer and Pauline B. Shaffer for widening on Johnson Avenue. Motion carried. 45._ Progress report dated August 18, 1967 by the City Engineer on street widening property acquisitions was ordered received and filed. 46. R. D. Miller, Administrative Officer, announced the appointment of Paul Post as Mechanic in the Public Works Department, effective September 18, 1967 at $467 per month. 1 1 47. On motion of Councilman Gallagher, seconded by Councilman•Spring, the following ' resolution was introduced. Resolution No. 1736, a resolution authorizing execution of utilities agreement. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Clell W. WheLchel NOES: None ABSENT: Donald Q. Miller