Loading...
02/19/1968Roll Call MINUTES REGULAR MEETING OF THE CITY COUNCIL February 19, 1968 - 7:00 P.M. CITY HALL Present: -Emmons Blake, Frank Gallagher, Arthur F...Spring; Donald Q. Miller, Clell W. Whelchel , City Staff. -- Present : - R. D. Young, Planning Director; J. H. Fitzpatrick,,City Clerk; H. Johnson, City Attorney; D. F. Romero, City Engineer; R. D. Miller, Administrative Officer; E. L. Rodgers, Police Chief; E.•P. Thompson, Water-Department-Director. On motion of Councilman Gallagher, seconded by Councilman Miller, the minutes of the Council meeting of January 29.and February 5, 1968 were approved. Motion carried. On motion of Councilman Miller, seconded by Councilman Gallagher, the claims against the City for the month of February were approved subject to the approval of the Administrative-officer. Motion carried. ------------------------------------------------------------------------------------ 1. Communication from Helen Baumberger, dba French Quarter, requesting permission of the City Council to install a metal frame awning over the City owned patio at the rear of the Mission Mall building. Mrs. Baumberger presented a sketch of the proposed awning and cover. H. Johnson, City Attorney, explained that this request required approval of the City Council but that this construction of the awning and its steel supports could not give anyone using the property any property rights ahead of the City -since any. such encroachment could only be temporary and.no private party -can claim adverse possession of public property. Councilman Gallagher stated that he felt that the proposal for an awning was a part of the original deal wh_e_n Dr. Middleton purchased the Cornet Store and put in the Mall. Mrs. Baumberger appeared before the City Council on behalf of her request to place two semi - permanent awnings over City property so that patrons of her restaurant could use this area for dining during inclement weather. John Reid, San Luis National Bank, wished to remind the City Council of his discussions with them when he was representing the owners of the Mission Mall development that the property owners were promised by the City that they could use the easement at the rear of the property for restaurant purposes if the property owners gave an easement through the store to Higuera Street. He felt that this awning was an integral part of the Mission Mall development and was an economic necessity for the success of the restaurant. John Kellerman, Chief Building Inspector, explained to the City Council the provisions of the Uniform Building Code dealing with this type of construction in Fire Zone No. 1. The City Council discussed with the Building Inspector ways and means of allowing this public establishment the right to build this metal enclosure over City property. Mrs. Baumberger again appeared before the City Council urging approval of her request for the awning. She explained the structure and construction features, she felt the structure was safe and would not be a hazard to the public, but felt that any delay would be disasterous to her opening. John Reid again stated he felt that his tenants had received from the City Council exclusive use of the public area behind the old Cornet Store building on condition of an easement through the building. 1 City Council Minutes February 19, 1968 Page 2 H. Johnson, City Attorney, stated that Mr. Reid's memory was incorrect since neither the encroachment permit nor the related documents of the sale to Dr. Middleton stated that exclusive right of use of such public property was granted to.any person or corportion and the encroachment permit expressly stated the use was non - exclusive. On motion of Councilman Gallagher, seconded by Councilman Miller, that the request be approved, that the doorways be five feet wide and of fireproof material. Motion lost on the following roll call vote: AYES: Frank Gallagher, Donald Q. Miller NOES: Emmons Blake, Arthur F. Spring, Clell W. Whelchel ABSENT: None On motion of Councilman Blake, seconded by Councilman Miller, that the matter of the awning be referred to a Committee consisting of the Building Department and two Councilmen to make recommendations on this matter March 4, 1968. Motion carried. Mayor Whelchel appointed Councilman Gallagher and Councilman Blake as Council representatives on this committee.- 2. Communication from the San Luis Obispo County Historical Society protesting the action of the City Council in removing the small mill At the rear of the Murray Adobe on Monterey Street. Mayor Whelchel presented a letter written by him to the President of the Historical Society explaining the facts behind the Council's action and further that the Historical Society h "id received sufficient notice of the dangerous condition of 'this structure. Mayor Whelchel also stated that the action was unanimous by the members of the Council present. Councilman Miller stated that while he was absent at the time this action was taken, he too would have voted for the demolition of this mill on the basis of public safety. 3. Communication from Peter R. Andre, representing Serafino Martinelli and Carmen Martinelli, requesting that the City participate on a pro -rata share of the sewer installation on Madonna Road near the intersection of Highway 101. D. F. Romero, City Engineer, explained the proposal and stated it was his recommendation that the City treat itself as a normal property owner and not be required to contribute to the sewer line until it is time for the City to use it. On motion of Councilman Gallagher, seconded by Councilman Spring, that the City not participate in,sewer..extension.at this time. Motion carried. . 4. Communication from J. R. Butler, 1030 Ella Street, regarding a driveway problem was continued. 'S. Communication from the Chamber of Commerce forwarding.the correct media and schedule for the Yambert- Freeman Agency as approved by the Advertising Committee was ordered received and filed. 6. At this time the City Council held a public hearing on the appeal of Ray B. Bunnell from a denial by the Planning Commission of his request for a variance to waive the requirement for covered parking at 1337 Stafford Street. R. D. Young, Planning Director, submitted the following report. City Council Minutes February 19, 1968 Page 3 1. A building permit was issued on April 18, 1966, to construct a triplex on the subject property. At that time covered parking spaces were not required in the R -2 District. Work had not commenced within 60 days therefore the permit expired. 2. A new building permit was issued on October 2, 1967, 45 days after the new Zoning Ordinance which required covered parking became effective. 3. The Commission was of the opinion that because of the length of time between the expiration of the original permit and its renewal, there was no justification for granting the requested variance, and to do so would constitute granting a special privilege not afforded to other property owners in the same district. Mayor Whelchel declared the public hearing open. Ray B. Bunnell, contractor, appeared before the City Council explaining the history of this project and the reasons for its delay and its completion. He stated this project evolved over a period of time during which the parcels were changed and also during the period when the Zoning Ordinance was.amended requiring covered parking areas in the R -2 Zone. He stated he and his partners were unaware of this change and that their final approved financing did not include funds for covered parking. Mayor Whelchel declared the public hearing closed. R. D. Young, Planning Director, reminded the City Council that when the current building permit was issued the plans were plainly marked that the project required two covered parking spaces. On motion of Councilman Gallagher, seconded by Councilman Miller, that the request be approved and a variance be granted to Ray B. Bunnell. Motion carried. Councilman Blake voting no. On motion of Councilman Miller, seconded by Councilman Gallagher, that.the Planning Commission be asked to review the covered parking requirements in the R -1 and R -2 zones. Motion carried. 7. Recommendation from the Planning Commission rezoning property at 71 North Broad Street owned by Alex Quaglino from R -1 to R -H -S was set for public hearing March 4, 1968. 8. Memorandum from L. Schlobohm, Fire Chief, regarding establishing a Fire Department eligibility list for the Battalion Chief vacancy was presented.to the City Council, and as the Council had no objection, the memorandum was ordered received and filed. 9. Communication from the League of .California Cities notifying the City Council of proposed amendments to the Government Code dealing with preemption by the State of California was referred to the City Attorney for analysis and correspondence with the Legislature. :. 10. R. D. Young, Planning Director, reported that there is nothing new to report on the Mission Plaza Project. On motion of Councilman Miller, seconded by Councilman Gallagher, that the City Staff proceed with the demolition of the buildings on the recently purchased Ledson property. Motion carried. 11. Memorandum from the Committee appointed to select a landscape architect for preparation of a plan for the Mission Plaza area asked for Council guidance on the extent of financial.aid the City would provide. 1 1 City Council Minutes February 19, 1968 Page 4 The Committee stated they felt this plan would not only consist of landscaping but would also include walkways, retaining walls, lighting system and plaza furniture. A major item would be the construction of retaining walls with some artistic treatment. The Council stated they felt $100,000 would-be a realistic expenditure of which could be made over a period of years. 'The City Council stated they had no objection to this assumption and the Committee was authorized to proceed. 12. Police Chief,.E. L. Rodgers, reported to the City Council on the complaint of Mrs. LaFreniere regarding a neighbor's dog running free and biting her child. Chief Rodgers stated he contacted Mr.-Ahearn and that he was making every attempt to keep his dog on his property and on a leash when he left the property. He also stated that he had contacted Mrs. LaFreniere and that she felt that Mr. Ahearn was attempting to control his dog. 13. The following communication was received from the park and Recreation Commission. The Audubon Society and Lions Club proposal's were studied at some length by the Commission. Both groups felt the others proposal compliment - .their project. The Audubon Society wishes a portion of the Marsh.and Peninsula (within the Laguna Lake property) be retained in its natural state. This area is an excellent habitat for many forms of wildlife. In addition, they urge and plan for future completion of•a Junior Museum to enhance this area. The Lion's Club wishes to proceed with their project of tree planting as a living memorial. However, a part of the peninsula must be raised by fill to keep the area from flooding. The area of fill and boundaries agreeable to the two groups will be explained to the Council in detail. The Commission unanimously recommends the following: 1. The filling of the peninsula up to the agreed boundary continuing until.it.is above normal flooding stage. 2. The remainder of peninsula and marshy bay from fill portion in a north westerly direction to City property line be retained in its natural state. On motion of Councilman Miller, seconded by Councilman Gallagher, that the City Council approve the recommendations of the Park and Recreation Commission. Motion carried.. 8:50 P.M. Mayor Whelchel declared a recess. 9:00 P.M. the City Council reconvened with all members present. 14. Communication from the County Department of Public Health, asking that the City Council adopt an ordinance providing for the control of food and drink establishments in the City of San Luis Obispo on the same basis and under the same conditions as in the County. The communication was referred to the City Attorney for an analysis and a copy of the proposed ordinam a was to be sent to the City Council. 15. Report by Coit Coolidge, Library Consultant, on a proposed library service plan for the County of San Luis Obispo was continued and the City Librarian was asked to prepare a brief analysis of the report and her recommendations to the City Council. City Council Minutes February 19, 1968 Page 5 16. Copy of the Sample Land'Conservation Agreement being considered by t.he'County Board of Supervisors was presented -to the City Council for its information by the City Attorney and then was ordered.received and filed. 17. On motion of Councilman Miller, seconded by Councilman Gallagher, a grant deed for street widening purposes along the frontage road adjacent to the Howard Johnson Restaurant was accepted and the Mayor was authorized to record on behalf of the City. Motion carried. 18. Communication from T. C. Maino requesting that the City accept the improvements in Tract No. 347 located at the intersection of Highway 101 and Los Osos Road and also that the City reimburse the Company in the amount of $29,007.29 for excess capacity of sewer and water facilities to serve this development. The matter -of the acceptance of the Tract was continued to,the next meeting'in accordance with Council policy and report from the City Engineer and ow motion of Councilman Gallagher, seconded by Councilman Spring, that the City pay 80% of the $29,007.29 at this time and 20% balance be paid upon acceptance of the Tract by the City.. Motion carried. Councilman'Miller voting no. 1: 19. On motion of Councilman Gallagher, seconded by Councilman Miller, the-Mayor was authorized to sign the agreement for street widening between the City and Joseph Adamski. Motion carried. 20. R. D. Miller, Administrative Officer, reported to the City Council and asked permission for sick leave in excess of two weeks for Sgt. Frank Garzoli who is sick in the hospital with a hernia operation. Request approved on motion'of Councilman Gallagher, seconded by-Councilman Blake. Motion carried. 21. H. Johnson, City Attorney, reported to the City Council that on the acceptance of Tract No. 322 and the drainage easement, that he has not been contacted-by the attorney for the North American Aviation Employees Credit Union, but he will keep the City Council aware of any progress. 22. The City Council adjourned to Executive Session to discuss litigation matters including property acquisitions involving pending or possible litigation. 23. On motion of Councilman Gallagher, seconded by Councilman Spring, the meeting adjourned at 10:00 P.M. Motion carried. APPROVED: March 4, 1968 `J FITZPATRICK CITY CLERK L