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HomeMy WebLinkAbout12/04/1967City Council Minutes November 20, 1967 Page 10 The City Attorney, H. Johnson, explained to the City Council the ramifications of this suit and the City's responsibility if these Councilmen are represented by the City. On motion of Councilman Spring, seconded by Councilman Blake, the City Attorney was requested to defend Councilman Gallagher and Councilman Miller in this suit West Coast Construction Company versus. Motion carried. Councilman Gallagher and Councilman Miller absent. 1 35. On motion of Councilman Spring, seconded by Councilman Blake, the meeting adjourned. Motion carried. r APPROVED: December 4, 1967 . FITZPATRICK CITY CLERK Roll Call City Staff MINUTES REGULAR MEETING OF THE CITY COUNCIL December 4, 1967 - 7:00 P.M. CITY HALL 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; 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. The minutes of the November 20, 1967 were corrected as follows: Traffic Committee Report 67 -11 -3T was changed to place two yellow spaces instead of green spaces in front of the old business office of the Telephone Company on Morro Street. On motion of Councilman Gallagher, seconded by Councilman Blake, the minutes of November 20, 1967 were approved. Motion carried. On motion of Councilman Miller, seconded by Councilman Gallagher, claims against the City for the month of December 1967 were approved and ordered paid subject to the approval of the Administrative Officer. Motion carried. ---------------------- - -------------------------------- --------- ------ ----- - -- --- 1. Mr. William Gilfeather brought to the Council's attention the matter of the ' drainage problems in the area west of Foothill Boulevard along La Entrada in the drainage ditch down to.Foothill Boulevard. He feels the City should do something about this drainage problem as it is causing damage to private property along the sides of the drainage channels. He said this has been going on for a number of years and he feels the City should look into the construction of culverts to handle the storm water during heavy runoff. He also asked the City Council.to look into the drainage ditch north of Foothill Boulevard along the McMillan Tract which has caused quite a few problems in the past. He urged that the City Council make some plans to correct these drainage problems. D. F. Romero, City Engineer, stated that for several years he has asked for funds in his budget to make some of these drainage corrections but that these requests have not been approved for inclusion in the budget. City Council Minutes December 4, 1967 Page 2 Councilman Donald Q. Miller listed for public information the actions of past Councils in attempting to correct drainage problems within the City. He stated the Council realized that there are a lot of additional problems to take care of but they have concentrated on what they felt should be done first and were working down to the smaller corrections. The City Council discussed with Mr. Gilfeather the drainage problems in the Foothill ' area and stated they are aware of these problems and that they will continue -to correct -them on a priority basis as funds become available. 2. Mr. Loren Nicholson, representing the San Luis Obispo County Historical Society, presented for the Council's consideration a proposed marker that the Society plans to place in front of each historical landmark along the Path of History in the City of San Luis Obispo. He presented as an example a redwood plaque lettered with the name of the historical landmark and a small description of the property. He stated that the Historical Society would construct and pay for the signs for each of the locations in the City of San Luis Obispo. He asked that the City Council authorize the installation of each sign by the City so they would be located properly and legally in the sidewalk area. The City Council discussed with Mr. Nicholson the best method and location to place these signs along the Path of History. On motion of Councilman Gallagher, seconded by Councilman Miller, that the City Council grant permission for the Historical Society to install historical markers with the installation work to be done by City forces. Motion carried. ' 3. Communication feasibility study for a Fine Arts and Convention Center for the City forwarding a questionaire for that the City Council o in this project. Councilman Emmons with the Civic an Company were that facility and that facility would be from Rafferty and Company, Financial Consultants, preparing a ncil notify them to what degree the City is prepared to participate on potential uses of such a facility an d also asking Blake stated that as a member of the Council Committee working i Fine Arts Association, that their discussions with Rafferty and they were to make a feasibility study of the Civic and Fine Arts it was not to be construed as a foregone conclusion that a built and financed. It was the concensus of the City Council that they would make no commitment for financial support until the feasibility report has been completed. �. Communication from the City Librarian forwarding a resolution adopted by-the oard of Library Trustees, requesting that the Governor appropriate the necessary funds to carry on the California Public Library Services Act for the fiscal year 1968/69. Received and filed on motion of Councilman Blake, seconded by Councilman Gallagher. Motion carried. I 5. At this time the City Council considered- the preliminary report of Kenneth Anderson for limited recreation at the Whale Rock Reservoir. The City Clerk read a summary sheet of the preliminary conclusions arrived at by Mr. Anderson. 1. The environment (climate, topography, natural landscape) of the Planning Area is not well- suited to traditional recreation developments found at most terminal water storage reservoirs. 2. There is a large existing population of "trophy" steelhead trout in the Reservoir, supported by excellent natural spawning and nursery areas and an abundant natural food supply. 3. The existing natural wildlife resources within the Planning Area are of significant value. City Council Minutes December 4, 1967 Page 3 4. Unrestricted access to the Reservoir for fishing would.deplete the "trophy" Steelhead Fishery in one or two seasons. 5. Unrestricted recreation access to the Reservoir would create severe sanitary problems and endanger the purity of Whale Rock Reservoir water for domestic purposes. 6. Required capital improvements, and maintenance and operations costs can be justified only for a specialized, controlled access, public fishing program. 7. There are excellent opportunities to develop watershed and range -land study programs, wildlife habitat improvements, and related research projects.. 8. The proposed wildlife sanctuary offers many possibilities for observation, identification, and related research programs. 9. The proposed multi -use recreation, education, and research program makes full use of the existing and enhanced natural resources of the Planning Area, consistent with the primary function of this Terminal Reservoir as a pure public water supply. 10. The Preliminary Master Site Development Plan for Whale Rock Reservoir recommends a general planning approach and development program. The second half of this planning program will provide supporting data, itemized cost estimates, and a maintenance and operation program in accord with this Preliminary Proposal, and as specified in the Planning Contract. Mr. Rex Bowlby, representing the San Luis Sportsmen's Association, presented a letter on behalf of the Association relative to the Anderson proposal. He made the following recommendations on behalf of the Sportsmen's Association. 1. Eliminate food and tackle concession, as we feel that this service is adequately supplied by local businessmen in the area. ' 2. Other facilities should be self- sustaining. If-Zones C and D are to be developed, they must be self- sustaining, i.e., the cost should not be borne by the fishermen. 3. Open the reservoir 7 days a week. A program for admittance of the fishermen should evolve on a combination basis of reservation and a "first -come, first - served ". 4. Admittance fee should be such as to make the facility available to citizens in all income brackets. 5. Rental raw boats only. 6. Number of fishermen allowed on Zone B facility based on the following requirements: - A. Maintain a natural fishery on a sustained yield basis with limits and manner of take set by the State Department of Fish and Game. B. To in no way impair the existing quality of the reservoir water supply. Jim Merson, San Luis Sportmen's Association, stated he felt that the costs projected in the Anderson Report were unrealistic. He felt that a less expensive development I was more desirable on the part of, the fishermen without such an elaborate develop- ment program. He also felt that the fishermen should not be required to pay for other. facilities not related to sport fishing. R. D. Miller, Administrative Officer, explained that the City is not paying for the study but that 3/4 of the cost is being borne by Cal Poly and 1/4 to be paid by the Mens Colony. He continued that the study was imposed on the Whale Rock Commission and the City by the State of California. City Council Minutes December 4, 1967 Page 4 Councilman Blake stated he did not feel the Anderson report was adequate, he felt it was unrealistic and too grandiose a plan for such a small fishery. He also felt that Anderson should not continue with the second Phase of the report. Councilman Miller agreed that the study should be stopped at this time and no further funds expended in this area as outlined by Anderson. The City Council then discussed whether the City on behalf of the.Whale Rock Commission should continue the contract with Anderson for the second phase of the study in accordance with the contract. Councilman Gallagher suggested that the program should be based on shore fishing with a fee of $1.50 to:$2.50 per person rather than the $5.00 per day recommended by Mr. Anderson and he feels the fishing should be limited to a five day per week program. Gil Babcock, Sportsmen's Association, urged that the City Council allow row boats. on the lake so that the big ones that are out in the center could be caught. Councilman Blake stated he was in favor of limited fishing under strict enforcement as he was mostly interested in protecting the pure water for drinking purposes and he also opposed the completion of the second phase of the Anderson Report. Councilman Spring stated that he was in favor of limited fishing under strict enforcement but felt that the second phase of the report should.be abandoned. Councilman Miller stated he objected to continuing the second phase of the Anderson Report and felt that limited fishing should be allowed on the reservoir. Mayor Whelchel explained that the preliminary report in order to be of any value should be completed because the second phase -of the report will outline in detail steps to be taken to protect the water at the reservoir to eliminate any possible pollution and to set standards and regulations for fishing at the reservoir. R. D. Miller, Administrative Officer, reminded the City Council of actions taken by prior Councils which put.the City on record that before any recreation is allowed on the Whale Rock Reservoir that a vote would be taken of the residents of the City of San Luis Obispo. Gil Babcock, Sportsmen's Association, stated he did not feel that this City Council was bound by any actions taken by Councilmen who are no longer in office. He stated that he has petitions signed by many citizens of San Luis Obispo urging that the City Council initiate limited fishing at Whale Rock and that he would be happy to present them to the City Council for their information. On motion of Councilman Spring, seconded by Councilman Blake, that the Anderson Report be referred back to the Whale Rock Commission for action, approving limited recreation at the Whale Rock Reservoir as generally outlined in the Sportsmen's Association letter. None of the facilities to be placed at water users' expense and every step taken to avoid pollution. Motion carried. On motion of Councilman Miller, seconded by Councilman Spring, recommendation to the Whale Rock Commission that they not proceed with Phase II of the Anderson Report. H. Johnson, City Attorney, read the contents of Phase II portion of the contract ' with the Anderson Company for the feasibility study. Mayor Whelchel felt that Anderson should be allowed to proceed with Phase II but limited to the conditions in the Sportsmen's Association letter. Councilman Blake felt that the City did not receive value in Phase I•of the Anderson Report and that he did not wish to compound the expense by authorizing Phase II. He felt that only Plan B should be implemented and that Plans C and D not be improved. City Council Minutes December 4, 1967 Page 5 It was the concensus of the City Council that only limited fishing be allowed at Whale Rock Reservoir with reasonable fees for admission and with full protection of the water supply. Councilman Blake suggested that the Whale Rock-Commission recommendation be resubmitted to the City - Council before authorizing Phase II portion of the Anderson study. He also felt that Anderson should rework the Phase I study in view of this evenings comments. Councilman Miller withdrew his motion and Councilman Spring withdrew his second, dealing with the Phase II report. The City Council requested that Anderson's payment be held up until- after the December 12, 1967 Whale Rock Commission meeting. 6. Communication from the Sierra Club, Los Padres Chapter, requesting that the City Council requestea one year delay by -the Division of Highways in their consideration of the new Cuesta Pass Highway proposed to be constructed in the next ten to twenty years. The Sierra Club felt that other factors than engineering feasibility should be considered before approving the new road. Councilman Donald Q. Miller stated he was opposed to the proposed development of the new Cuesta Grade road and felt that the City Council should go on official record opposing both Plan E Revised and Plan F. He felt that the proposed expenditure of $40 million - dollars could be better spent on terminal facilities and local roads in the County and on Cuesta Grade. The matter was continued to the meeting of December 18, 1967. 7. At this time the City Council held a public hearing on the recommendation of the Planning Commission to rezone a portion of Lots 97, 100, 111 and 112 of the San Luis Suburban Tract from A -1, A -H and U zoning to M -AH. R. D. Young, Planning Director, stated that the Planning Commission in their consideration considered that the General Plan proposes that this area be developed with industrial uses, that the subject property is a portion of the revised Tract No. 361 which is being designated as a light agricultural district and is presently in the process of being annexed to the City. He stated the Planning Commission recommended this rezoning as it is in- accordance with the City's adopted General Plan. 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 Miller, seconded by Councilman Gallagher, the following ordinance was introduced. Ordinance No. 398, an ordinance rezoning property located on portions of Lots 97, 100, 111 and 112 of the San Luis Suburban Tract from A -1, A -H and U to M -AH Land Use District. Introduced and passed to print on the following roll call vote: 1 AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None City Council Minutes December 4, 1967 Page 6 8. At this time the City Council held a public hearing on the recommendation of.. the Planning Commission to rezone Lot 8, Block 10 of the Weill's Addition from R -2 to C -N. R. D. Young, Planning Director, reported that the Planning Commission made this recommendation on the basis that the subject property is bounded by the C -N district to the north and to the east, that the applicant is requesting C -N zoning on this property in order to provide additional space for required parking for a building to be constructed on an adjoining lot, that the approval of this request would line up the C -N boundary on Broad Street with the C -N boundary to the north and would provide more flexibility for parking lot design. Further the approval of the C -N zoning of this property would not be detrimental to the adjacent properties or the surrounding neighborhood.. 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 Miller, the following ordinance was introduced. Ordinance No. 397, an ordinance rezoning property located on the north side of Branch Street between.Story and Broad Streets from R -2 to C -N 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 9. and 10. H. Johnson, City Attorney, reported to the City Council on the progress in acquiring additional properties in the Mission Plaza area and stated that the negotiations for easements on.the.east side of the Creek are still progressing. D. F. Romero, City Engineer, reported that he had made an estimate for the cost of improving the area to the rear of the old Cornet Store property and stated that to remove and replace the existing concrete slab it would cost $685. To remove the existing slab and replace with a larger ,slab would cost $760. To construct the walks and planters it would cost an additional $565. He stated these estimates were based on estimates from contractors. D. F. Romero added that for the developer to provide this slab with exposed aggregate rather. than plain concrete would be an additional cost of $300, and.to provide exposed aggregate and headers rather than the plain concrete on the larger slab would be an.additional $425. These costs do not include sprinklers for the landscaping or easements for access. Councilman Gallagher suggested that the walkways not be put in at this, time behind the Cornet Store until easements are procured from adjoining property owners in order to see the.actual location of the walkways. On motion of Councilman Blake, seconded by Councilman Spring, that the City notify the developer that the City will participate up to $760.00 for replacement of the concrete slab with a larger area to be paid for by the City. Motion carried. Councilman Gallagher voting no. 11. The City Clerk presented the following bids received for furnishing the City various motor vehicles. (See attached .sheet) City Council Minutes December 4, 1967 Page 7 R. D. Miller, Administrative Officer, recommended that the low bid in each case be accepted by the City Council and he then explained the funds that are available in the equpment replacement fund for these purchases. Councilman Gallagher questioned the low mileage on the 3/4 ton International Pickup and wondered why it would be traded in at this time. Councilman Spring stated that he had inspected this vehicle and recommended that the International Pickup be kept and that the transmission be repaired as he felt this was a good piece of equipment for the City and should be retained by them. On motion of Councilman Gallagher, seconded by Councilman Miller, that the City purchase Items 1 through 7 and 9 and repair Item 8. - Motion carried. Councilman Gallagher asked that in the future replacement bids for motor vehicles include the mileage as of the bid notice date. R. D. Miller, Administrative Officer, requested permission to readvertise for Items 10 and 11 for motor scooters for the Police Department as there was a misunderstanding by a prospective bidder on the matter of taking the trade -ins. On motion of Councilman Gallagher, seconded-by Councilman Spring, that bids be called for replacement of two motor scooters but that the specifications be written so that more than one company could bid on the scooter. Motion carried. 12. The City Clerk reported on bids received for furnishing the City of San Luis Obispo General Coverage Liability Insurance including automobiles beginning December 7, 1967. J. H. Fitzpatrick, City Clerk, recommended that the bid of Great American Company, Neal - Truesdale Agents, for the period December 7, 1967 to July 1, 1969 in the amount of $16,940 be accepted and that the bid for the $1 million dollar umbrella coverage be postponed until the City received a quotation from the League of California Cities Insurance Program. On motion of Councilman Blake, seconded by Councilman Gallagher, the recommendation of the City Clerk was adopted and the bid of the Great American Insurance Company was accepted. Motion carried. 13. The City Clerk reported on bids received for Sludge Pump and Sludge Line Installations at the Sewage Treatment Plant. 1. McBride's Plumbing 2. W. M. Lyles Company 3. Smee's Plumbing 4. Blois and Cardoza 5. G1eim -Crown Pump, Inc. 6. R. E. Ziebarth and S. B. Alper 7. Jack S. Foster 8. J. Carner Co., Inc. 9. B. Q. Halloran,- Inc. $ 9,733.00 9,850.00 10,290.00 11,185.00 11,396.03 13,694.00 14,772.00 , 17,802.00 18,762.00 D. F. Romero, City Engineer, recommended that the low bid of McBride's Plumbing be accepted. On motion of Councilman Blake, seconded by Councilman Gallagher, the bid of McBride's Plumbing was accepted. Motion carried. City Council Minutes December 4, 1967 Page 8 14. H. Johnson, City Attorney, presented for the Council's consideration a resolution calling a Special Election for low rent housing project for the City of San Luis Obispo. Mr. Johnson stated that in order for the draft resolution to be approved by the City Council the number of units would have to be included so that the ballot arguments could be taken care of. Councilman Blake suggested that 120 units be placed on the ballot and this would be a minimum number of units needed immediately. Reverend Tjaden, President of the Human Relations Commission, agreed with Councilman Blake that a minimum of 120 units are needed immediately. On motion of Councilman Blake, seconded by Councilman Spring, the following resolution was introduced. Resolution No. 1769, a resolution calling a Special Municipal Low Rent Housing Project Election to be held in the City of San Luis Obispo on June 4, 1968. 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 9:20 P.M. Mayor Whelchel declared a recess. 9:30 P.M. the meeting reconvened with all Councilmen present. 15. Recommendation of the Planning Commission to rezone the west side of Johnson Avenue between Phillips and Peach Streets from R -3 to R -0 was-set for public hearing December 18, 1967. 16. Communication from the Planning Commission recommending the rezoning of the north side of Taft between Kentucky and Motley and the northwest corner of Kentucky and Taft from R -4 to R -C and R -H was set for public hearing on December 18, 1967. 17. Communication from the Planning Commission recommending the rezoning of the east side of Broad Street between Foothill and Meinecke Avenue from R -3 to C -N was set for public hearing on December 18, 1967. 18. Communication from Dan B. Stack, representing property owners Diel, Keller, Gelinas, Wong and Barrett, appealing the decision of the Planning Commission in denying their requested rezoning of property on the north side of Johnson Avenue between Sydney Street and Bishop Street from R -1 to R -O -S was set for public hearing on December 18, 1967. 19. Communication from the Planning Commission recommending that the City Council abandon that portion of Ruth Street lying between Ella and Leland Terrace subject to the reservation of an easement for the PG&E Company. R. D. Young; Planning Director, presented a sketch showing the proposed abandonment and stated that the Planning Commission had studied this area and felt that due to the condition of the subdivision that this street would not be included were needed for future development of the City. 3 City Council Minutes December 4, 1967 Page 9 On motion of Councilman Miller, seconded by Councilman Gallagher, the following resolution was introduced. Resolution No. 1772, a resolution of intention to abandon a portion of Ruth Street. Passed and adopted on the following roll call vote:. AYES: Donald Q. Miller, Clell W. Whelchel, Frank Gallagher NOES: Arthur F. Spring, Emmons Blake ' ABSENT: None 20. Councilman Miller brought up for the Council's discussion the initiation of an advertising program to bring tourists to the City of San Luis Obispo to be paid out of Gas Tax Funds. He continued that he felt that when the City Council passed the transient tax ordinance that an agreement was made with the Tourists and Convention Board of the Chamber of Commerce that they would spend some funds for advertising outside the City. Mel Matteson, Advertising Chairman of the Chamber of Commerce, suggested that the City appropriate 1/2 of the funds proposed by the Chace Advertising Agency or about $17,500 from the bed tax funds and allow the Chace agency to start an advertising program. Councilman Blake stated that he felt the Chace proposal was weak in some of its statistics and in the benefits achieved by other communities that they represent. Mr. Matteson urged the City Council to adopt some amount of money for advertising and then allow a Joint Committee to negotiate a program. Jim Kimball, President of the Chamber of Commerce, suggested that the City Council , set up some amount in the budget for advertising expenses and then allow a committee or the Chamber of Commerce to receive proposals from advertising agencies to handle tourist advertising for the City. Ron Dunin, Chairman of the Motel Hotel Committee of the Chamber, urged that the City spend some of the bed tax funds to advertise the community for tourists. Mayor Whelchel stated that the City Council has been spending public funds for promotion of the City such as the Mission Plaza, Industrial Development, Chamber Operations, etc., and he felt that he could not vote for a large expenditure of bed tax funds for advertising outside the City. Jim Kimball stated that while he agreed that the City had spent funds in the promotional area, he does not feel that everyone would agree on what was promotion. He suggested that the City Council notify the Chamber Board of Directors before the next budget is introduced as to just what should be included in the City promotional budget. Mr. Grandy stated he felt this City has all the advantages for tourist attraction but that we should let the people know where we are and what we have for their enjoyment and he felt it would take advertising to let the people know of these opportunities. Councilman Blake stated that he did not feel that a $7,000 advertising budget would do much good because he felt that advertising was a long term investment and that the requested $17,500 was a minimum promotional program. On motion of Councilman Blake, seconded by Councilman Spring, that the City allow $17,500 from the bed tax funds for an advertising budget beginning January 1, 1968 subject to review of the program by the City Council. Motion carried. Mayor Whelchel and Councilman Gallagher voting no. 21. Mayor Whelchel brought to the Council's attention the proposal by the Monday Club to put a landscaping fountain in the triangle at the intersection of Marsh and Higuera Streets. He said that the Monday Club had looked into this matter and found that the major expense was the removal of the blacktop and base material and City Council Minutes December 4, 1967 Page 10 felt that the City could help push this program along by removing the blacktop and concrete base. After discussion by the City Council it was moved by Councilman Miller, seconded by Councilman Gallagher, that City forces be authorized to remove the blacktop and concrete at this location if the Monday Club proceeds with the overall project. Motion carried. Rose Mc Keen; representing the Monday Club, thanked the City Council for this action and stated that the Monday Club will attempt to proceed with this fine program. 22. W. E. Flory, Parks and Recreation Director, presented to the City Council a report of appropriate recreation programs for community youth. He also presented statistics from neighboring communities on programs that provide for the youth and that he will continue to get additional information for the City Council on this matter. A high school student appeared before the City Council stating he felt the last dance sponsored by the City and High.School students was a good dance but that-too many young people (under 14 years old) made it very difficult for the older students to enjoy themselves. He felt that a program limiting attendance to-14 years of age or over would be better received by the young people. Mrs. Sinsheimer, member of the Parks and Recreation Commission, stated she felt the problem was that the young people have no place to go in San Luis Obispo and besides from athletic programs there-is no organized youth program in the community. She felt that the City through the Park and Recreation Commission and a Youth Council formed from representatives of the various High Schools in the area should get together and form a committee to come up with a program for recreational activities for the youth of San Luis Obispo. Mayor Whelchel suggested that a Council Committee be appointed-to work with the Park and Recreation Committee on this program so that the City Council can be kept aware of the program as it develops. Mayor Whelchel asked for volunteers from the City Council to work on this program. Councilman Miller and Councilman Blake volunteered to be on the committee to establish the Youth Council. W. E. Flory's report was referred to this committee for study. 23. Councilman Miller stated he wished to discuss with the City Council the establishment of ground rules for the holding of town hall meetings so that the whole Council could attend and discuss matters brought to their attention by the citizens and residents of the community. He stated he felt the majority of the City Council stayed away in order not to become involved with a violation of the Brown-Act regarding attendance at meetings. Councilman Gallagher stated that he agreed with the comments made by Councilman Miller that all Council members should be in attendance whenever City business is discussed or potential business'is discussed so that the public can discuss these matters with the whole Council and not just one member. Mayor Whelchel stated he had called the town hall meeting not as a Council meeting so that the people would feel free to come and discuss problems in an informal manner. He stated he called the meeting as Mayor of the City so that he could inform himself of problems people feel exist.in the community that they would not wish to bring forward at a full Council meeting. He stated he felt as Mayor he had this right to call a meeting and further he felt that any member of the City Council could also call such a meeting and use City facilities for this purpose. City Council Minutes December 4, 1967 Page 11.. Councilman Blake stated that he felt that all members of the City Council should be included in future meetings at which the public are invited to express their views on City business. Councilman Spring stated he also felt that -this was amatter for the entire Council to hear and not individual members of the City Council. H. Johnson, City Attorney, explained in detail to the City Council the provisions of the Brown Act in relation to Council meetings, study meetings, etc.. The City Council then discussed future participation in town hall meetings or information meetings. 24. Councilman Miller suggested that the City Council consider a program supported by the City to celebrate.Arbor Day in March 1968 and asked that local nurseries cooperate with supplying trees at cost or near cost so that more people can plant trees. Mr. Zazueta, of Rustic Gardens, urged the City Council to promote Arbor Day so that San Luis Obispo can have more trees planted and become more beautiful than it already is. He urged that the City might help people who wish to plant trees in their setback area if they are not already there. On motion of Councilman Miller, seconded by Councilman Blake, this proposal was referred to W. E. Flory, Parks and Recreation Director, for investigation and report of recommendation to the City Council. Motion carried. 25. The City.Council appointed the Council Youth Committee of Councilman Miller and Councilman Blake to attend the coordinating council meeting regarding Youth Needs Survey to be held on December 7,. 1967. Police Chief, E. L. Rodgers, and Parks and Recreation Director, W. E. Flory, also to attend this meeting. 26. On motion of Councilman Blake, seconded by-Councilman Spring, Councilman Gallagher was appointed as a City Council representative to the Joint City County Planning Council. Motion carried. 27. Communication from Fred L. Gist, Administrator of the Estate of Frieda Haigler, notifying the City Council that the properties at 1022 and 1036 Leff Street are being handled by the probate court and the property will be sold at which time the Building Department will be notified who the new owners of the property are so that the buildings can be removed. 28. Communication from the City Attorney regarding a request from R. C. Skinner to release funds impounded for Tract No. 322 and communication from the City Engineer regarding the request of R. C. Skinner for acceptance by the City of Tract No. 322 was continued. 29. Communication from the City Attorney regarding overnight parking of commercial vehicles in residential zones was ordered received and filed. On motion of Councilman Miller, seconded by Councilman Gallagher, the following resolution was introduced. Resolution No. 1770, a resolution prohibiting overnight parking of commercial vehicles in residential areas and amending the loading zone restriction on Morro Street established by Resolution No. 1767. Passed and adopted on the following roll call vote: 1 1 1 City Council Minutes December 4, 1967 Page 12 AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None a 30. Communication from W. E. Flory, Parks and Recreation Department, requesting that the City Council authorize a Park and Tree Foreman in place of the Grounds- keeper position to be vacated November 30, 1967. Mr. Flory stated he felt that if this position were allowed, he would be able to reschedule personnel which would allow more time for recreational planning and programming. He stated presently much of his time is spent in direct supervision of the Park and Street Tree Program due to the absence of a Park Foreman or Leadman. R. D. Miller, Administrative Officer, recommended to the City Council the approval of Mr. Flory's request but felt that the salary range should be in the category of Maintenance Leadman in the Street and Water Department. After discussion by the City Council of the responsibility of the proposed position, it was moved by Councilman Miller, seconded by Councilman Gallagher, that the request be approved in a foreman category, salary range to be $565 to $710. Motion carried. 31. On motion of Councilman Blake, seconded by Councilman Spring, the following ordinance was introduced for final passage. Ordinance No. 395, an ordinance of the City of San Luis Obispo imposing a documentary stamp tax on the sale of real property in said City. 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 32. On motion of Councilman Blake, seconded by Councilman Spring, the following ordinance was introduced. - Ordinance No. 396, an ordinance amending the Municipal Code to add certain special speed zones and modify speed limits previously estab- lished. Introduced and passed to print on. the following roll call vote: AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Mielchel NOES: None I aABSENT: None _ 33. Communication from the San Luis Coastal Unified School District notifying the City Council that the School Board had increased the membership on the Advisory Committee for joint use of School District property for recreation purposes to seven members and had approved the appointment of Mr. Ken Miller to one vacancy and had appointed John Nettleship to the seventh position. On motion of Councilman Gallagher, seconded by Councilman Miller, the appointment of K. Miller and J. Nettleship to this committee was approved. Motion carried. City Council Minutes December 4, 1967 Page 13 34. Communication from the Division of Highways regarding the report required of all cities by May 1, 1968 on the progress to date on street construction and improvements and an estimate of street needs for the next five years and the next ten years was referred to the City Engineer for action. 35. On motion of Councilman Gallagher, seconded by Councilman Spring, the following contract payments were approved and ordered paid. Motion carried. Mc BRIDE'S PLUMBING Est. #2 (Final) $ 588.11 Elks Lane Sewer Replacement (100% complete) BURKE CONSTRUCTION COMPANY Est. #1 1,292.40 Minor Drainage Improvements (13% complete) C. S. CONSTRUCTION COMPANY Est. #2 458.94 Foothill Resurfacing Project (100% complete) C. S. CONSTRUCTION COMPANY Est. #3 (Final) .2,959.88 Foothill Resurfacing Project (100% complete) RAY B. BUNNELL Est. ,64 1,108.62 Shower and Locker Bldg. at City (97% complete) Yard Change Order No. 1 141.00 H. D. PETERSON Est. #3 31,709.09 Johnson Avenue Reconstruction (100% complete) Change Order No. 2 260.45 H. D. PETERSON Est. #4 (Final) 7,439.23 Johnson Avenue Reconstruction (100% complete) On motion of Councilman Blake, seconded by Councilman Spring, the following ' contract payments were approved and ordered paid. Motion carried. Councilman Gallagher and Councilman Miller abstained from voting due to the legal suit on file at the present time. WEST COAST CONSTRUCTION COMPANY Est. #2 6,656.26 Water Line and Fire Hydrants (98% complete) WEST COAST CONSTRUCTION COMPANY Est. #2 Water Line Improvements (41% complete) 17,796.93 36. On motion of Councilman Blake, seconded by Councilman Miller, the following agreements and grant deeds were approved and the Mayor was authorized to accept and record on behalf of the City. City Engineer, D. F. Romero, explained-unusual conditions of the Johnson Highland Agreement. Motion carried. A. Agreement from Johnson Highlands, Inc., for street widening on Johnson Avenue. B. Grant deeds and agreements fromGrundell and Fredman for street widening on Santa Rosa Street. 37. Resolution by the County Board of Supervisors approving the agreement between the City and the County for the County to do the assessing and collecting of taxes for the City was ordered received and filed. 38. Progress report from the City Engineer on street widening acquisitions dated December 1, 1967 was ordered received and filed. 39. The City Council adjourned to executive session to discuss possible litigation involving acquisition of property. City Council Minutes December 4, 1967 Page 14 40. On motion of Councilman Gallagher, seconded by Councilman Miller, the meeting adjourned at 12:40 A.M. Motion carried. r APPROVED: December 18, 1967 H. FI PATRICK CITY CLERK W G O M L u ,. w ,-1 u v CL 1O 'O 41 N ,d L cc t� v 9 L 4! CL m v O m m ,4 FA Iii IMB. 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