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08/05/1968City Council Minutes July 29, 1968 Page 2 2. Regular meeting recovened, all Councilmen present. 3. On motion of Councilman Blake, seconded by Councilman Spring, the request of Councilman Miller for permission to leave the State for vacation was approved. Motion carried. 4. On motion of Councilman Spring, seconded by Councilman Gallagher, the Planning Department was authorized to prepare a drawing showing the Mission in prospective ' with the proposed realignment of Monterey Street. The architect was authorized to prepare a black and white drawing for future repro- duction prior to coloring. .Lotion carried. I On motion of- Councilman Blake, seconded by Councilman Gallagher, the meeting adjourned. APPROVED: August 5, 1968 / . H. FI PATRICK CITY CLERK Roll Call MINUTES REGULAR MEETING OF THE CITY COUNCIL August 5, 1968 - 7:00 P.M. 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; R. D. Miller, Administrative Officer; D. F. Romero, Public Works Director; E. L. Rodgers, Police Chief; E. P.-Thompson, Water Department Director On motion of Councilman Gallagher, seconded by Councilman Miller, -the minutes of the meetings of July 1, 15,22 and 29, 1968 were approved as presented. On motion of Councilman-.Miller, seconded by Councilman Gallagher, claims against the City for the month of August 1968 were approved subject to the approval of the Administrative Officer.. Motion carried. 1. Communication from the California Park and Recreation Society announcing that Lawrence J. Stockton has been certified Registered Recreator was ordered received and filed. 2. Mayor Clell W. Whelchel made the following appointment of members to the City Housing Authority. Leland Balatti - 4 Year Term and Chairman Ruth Wirshup - 4 Year Term Allan Johnson - 3 Year Term Lewis McCall 2 Year Term Burton Walter - 1 Year Term On motion of Councilman Miller, seconded by Councilman Gallagher, the following resolution was introduced. Resolution No. 1843, a resolution appointing a City Housing Commission. City Council Minutes August 5, 1968 Page 2 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 3. The matter of the complaint of W. West of Silver City Trailer Park regarding cable T.V. service in the trailer park was continued on motion of Councilman Miller, seconded by Councilman Gallagher, to August 19, 1968. Motion carried. The City Clerk was requested to invite representatives of the cable T.V. com- pany to attend the meeting. 4. Communication from the San.Luis Garbage Company requesting that the City Council consider a five -year extension to the contract agreement between the City of San Luis Obispo and the San Luis Garbage Company. Charles Catteneo, President of the garbage company appeared before the City Council and explained that the existing franchise expires in 1971, and that the company intends making several major capital purchases of equipment and wished more time to amortize the cost of this equipment. He continued that they were not requesting a change in rates, just extension of the franchise. On motion of Councilman Miller, seconded by Councilman Blake, that a public hearing be held on August 19, 1968 on the requested extension of the franchise. Motion carried. 5. Communication from:the Boy Scouts of America requesting permission to operate a skeet shoot in the extreme northeast corner of the Junior High School Athletic Field as part of an encampment of the Order of the Arrow was denied by the City Council on the motion of Councilman Miller, seconded by Councilman Spring. City Council suggested.that the Boy Scouts of America be advised to contact the local sportsmans' group, who the Council was sure would allow the scouts to use their skeet range. 6. Communication'from Lawrence K. Dittman, 107 Foothill Boulevard, requesting a variance from the City to allow an additional.driveway ramp for exit from his property at 107 Foothill Boulevard. L. Dittman appeared before the City Council stating that the reason for this request was that his property is located on a very dangerous curve and he wished to arrange the driveway so that cars could exit from the property in a forward movement and not be forced to back into the street. R. Young ' Planning Director, stated that a more accurate plot plan should be presenter to the Planning Department before definite approval by the Council. On motion of Councilman Miller, seconded by Councilman Gallagher, the request of L. K. Dittman was approved subject to a plot plan being submitted to the Planning Department. Motion carried. 7. Ed Davin, President of the Fiesta Corporation, appeared before the City ' Council requesting that the City give the Fiesta Corporation the $2,500 autho- rized by the Council on November 16, 1967, to help the Fiesta Corporation pay off debts after the 1968 Fiesta has been completed. Mr. Davin stated that the Fiesta Association needs $1,200 to pay outstanding bills and needs an additional $1,300 to put in the bank sothat they will have a start for the 1969 Fiesta. City Council Minutes August 5, 1968 Page 3 John Ross, 1969 Fiesta President, stated that the financial statement being pre- sented to the City Council this evening ended with June 30, 1968, but since that time over $1,200 in outstanding bills have been presented for payment and the Fiesta Corporation has no money to pay -these bills at this time. Councilman Gallagher asked why the financial statement of the Fiesta Corporation was always presented such a long time after the Fiesta has been completed and since the financial statement was incomplete it was extremely difficult to get ' a true picture of the financial operation of the Fiesta. E. Davin stated-that all the people involved in the Fiesta were volunteers and it was very difficult to get the reports in on time and all the bills paid as would be done in a paid organization. He - continued that many of the Fiesta officials had gone on vacation shortly after the Fiesta ended and were just now getting the paperwork done. Mayor Whelchel.suggested that the-City pay the outstanding bills owed by the Fiesta.Corporation, but not grant funds for future celebrations. Councilman Spring suggested that all the bills that needed to be paid be for- warded to R. D. Miller, Administrative Officer, for review before payment, and that the payment be made through normal City purchasing procedures. Ed Davin agreed with this suggestion and stated that he would forward the bills to R. D. Miller. On motion of Councilman Gallagher, seconded by Councilman Spring that the City pay up to $1,200 of outstanding bills for the Fiesta Corporation subject to the approval of the Administrative Officer. Motion carried. 8. Traffic Committee Report of July 25, 1968. ' 68 -8 -1C Some time ago Manuel's Liquor Store and Bar asked parking restriction on Branch Street alongside the liquor occurrence of all -day parkers.. We feel that this request ommend that four spaces be designated as two -hour parking 45 feet west of Broad Street and extending 87 feet in a wi for some type of store to prevent the is justified and rec- limit spaces starting asterly direction. 68 -8 -3T The Santa Rosa Market at the corner of Santa Rosa and Mill presents a problem in that trucks frequently double park on Mill Street alongside the mar - ket.opposite the green zone at the corner. It is felt that congestion would be relieved somewhat if the green zone which consists of two parking spaces were changed to a yellow loading zone. We also recommend that one additional twelve - minute green space be established in front of the market starting 19 feet north of--Mill and extending 22 feet northerly and this much of the existing red zone eliminated. This would partially make up for the loss of the two green spaces on the side. 68 -8 -4T It has been called to our attention that the white mail zone in front. of the Shell Station at Foothill and Broad is creating a problem for right -hand turning movements off Foothill and it is recommended that this zone be moved around-the corner onto Broad Street. In order to accomplish this, the white zone on the south side of Foothill west of Broad would have to be eliminated and the red zone on the west side of Broad commencing 60 feet south of Foothill Boulevard and extending 58 feet southerly would-be replaced with a white mail zone. On motion of Councilman Miller, seconded by Councilman Gallagher, the following resolution was intu.oduced. Resolution No. 1839, a resolution establishing park- ing restrictions on Branch Street; rescinding a green zone and establishing a truck loading zone.on Mill Street; rescinding.a red zone and establishing a green zone on Santa Rosa Street; rescinding a mail zone and establishing a red zone on Foothill Boulevard; rescinding a red zone and establish a mail zone on Broad Street. City Council Minutes August 5, 1968 Page 4 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 68 -8 -2T It has been called to our attention that there is no street light on Chorro Street between Palm and Monterey alongside the Old Mission. We recommend that the City Enginer be authorized to order the installation of a light in mid block on an existing wooden pole. 68 -8 -5T In order to make the traffic channelization fully widening of Foothill Boulevard in the vicinity of Tassajara ommended that no- parking zones be created on the north side Tassajara Drive and extending 150 feet westerly. This will kets as well as a.through lane and right -hand turn lanes in the Council concurs, it is suggested that a public hearing affected property owners notified. effective with-the Drive, it is rec- of Foothill between allow turning poc- each direction. If 3e scheduled with On motion of Councilman Miller, seconded by Councilman Gallagher, the recommenda- tions of the Traffic Committee were accepted. Motion carried. 9. At this time the City Council continued the public hearing on.the appeal of Foodmaker Inc. from a denial by the Planning Commission of a requested use per- mit for a drive- through restaurant at 975 Foothill Boulevard. Mayor Whelchel declared the public hearing open. Lloyd Somogyi, Attorney representing Foodmaker Inc. explained to the City Council the proposed operation Foodmaker Inc. planned for the drive - through restaurant on Foothill Boulevard. He continued that the building proposed for San Luis Obispo is not the usual Jack in the Box building, as seen in Southern California, but a newer model and more subdued. He felt that it would be more fittnig to the area. L. Somogyi continued that, since the hearing by the Planning Commission, Food - maker Inc. have made studies and have come up with a modified plan of the orig- inal which he felt should alleviate the complaints of the Planning Commission. H. Johnson, City Attorney, asked if this proposal being made by Foodmaker Inc. was different fromthe proposal made to the Planning Commission and being ap- pealed at this time. He stated that he felt that if the plan was changed to any great extent, it should be referred back to the Planning Commission for additional hearing on the change. L. Somogyi stated that the plan was different than the one presented to the Planning Commission as they felt thay must present a.-.plan which would remove the objections of the Planning Commission. He also stated that he wished to proceed with his presentation of ther.modified plan at this time in the interest of less delay. R. Young, Planning Director, explained the difference between the original plan ' which-.was denied by the Planning Commission and the new plan being presented which was a modification of the original plan and stated to the Council that this plan.should be presented to the Planning Commission for hearing. L. Somogyi stated that if the City Council feels that the Planning Commission should hear the modified plan, then his clients agree to make the presentation to the Planning Commission, although he stated that his clients were appealing the original denail of theuse permit by the Planning Commission which involved new evidence regarding traffic, appearance, etc. City Council Minutes August 5, 1968 Page 5 Councilman Blake objected to referring this matter back to the Planning Commission as he felt that the City Council should act on the appeal of Foodmaker, Inc., further, if the plan.is substantially different from the original proposal, the appeal should be denied by the Council and then Foodmaker, Inc. should prepare a new use permit application, pay the required fee and the Planning Commission would then hear the renewed plan. Mayor Whelchel stated that he felt that the Council should refer the modified plan back to the Pianning Commission without any additional fees as the Council would have the counsel and advice of the Planning Commission on the modified plan. Councilman Miller stated that he agreed with Councilman Blake that the appeal of Foodmaker, Inc. should be denied and then they can reapply for a use permit to the Planning Commission with the modified plan. On motion of Councilman Gallagher, seconded by Councilman Spring, that the modified plan of Foodmaker, Inc. for a use permit be referred to the Planning Commission for study and consideration and the appeal stand until this matter is reviewed by the City Council, and the filing fee be waived. Motion carried. 10. At this time the City Counci 1 held a public hearing on a resolution of intention to abandon a portion of Motley Street south of Stafford. Mayor Whelchel declared the public hearing open. D. F. Romero,- City Engineer, explained what was being abandoned by the City. Mayor Whelchel declared the public hearing closed. On motion of Councilman Miller, seconded by Councilman Gallagher, the following resolution was introduced. Resolution No. 1842, a resolution abandoning a portion of Motley Street south of Stafford Street. 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 continued its discussion of the installation of silent burglar alarm alarm systems in the new Police Facility. City Clerk presented a letter from the Independent Insurance Agents Association of San Luis Obispo stating that the Underwriters Laboratory would be the only organization who could establish standards to be used by the insurance industry regarding burglar alarm systems. R. Lingle, Automatic Alarm Systems, appeared before the City Council and stated that he did not believe any one other than the Police Department should be re- cognized as a monitor for the burglar alarm systems. He stated that he had in- formation on what should be included in these systems, but due to the restricted nature he could not divulge this information at a public meeting. M. D. Blair, San Luis Merchant Patrol, appeared before the City Council and ' stated that he was prepared to begin installation of burglar alarm systems to his clients, but was only waiting for the City Council's decision as to a ter- mination point. He continued that he has made arrangements with the answering service to monitor his systems but that if other companies were allowed to use the Police Facility, then he too wished to have the same privilege extended to his firm. R. Lingle again urged the City Council to reconsider its decision of not allowing the termination point for alarm systems to be in the new Police Station and to allow alarm companies to place these alarms in the Police Facility at no cost to them as it would be less expensive to his clients and to his firm. City Council Minutes Page 6 August5, 1968 On motion of Councilman Gallagher, seconded by Councilman Miller, that the City stay out of the alarm business unless the Underwriters Laboratory ruled that the answering service did not meet the qualifications for this job. Motion carried. 12. Communication from the City Planning Commission forwarding for the Council's information a tentative map of Tract #374 and the Planning Commission's recommenda- tion for approval of the tract with the only condition being that a detailed plan showing the location of utilities on Paragon Street shall be submitted to the City Engineer for approval. ' On motion of Councilman Miller, seconded by Councilman Spring, that the City Council had no comment on the tentative map except that the street should be of Spanish or Indian derivation and recommended that the Planning Commission change the name of the street. .Motion carried. R. Young, was also asked to dig out the old list of Spanish names. 13A. D. F. Romero, City Engineer, presented plans and specifications for the Laguna Lake Park Development using state funds for completion of boat ramp, fish dock, etc. He continued that.the estimated cost would be $53,000 which does not include refunds for sewer and water extension. City Council discussed with D. F. Romero the need for reducing the cost to the $50,000 grant provided by the State of California for this development. On motion of Councilman Miller, seconded by Councilman Blake, that the plans be held up until completion by the Engineer for future presentathtion to the Council and that the cost be kept under $50,000. Motion carried. It was suggested that the Engineer remove the boat ramp, fishing dock and keep the road at its present grade. 13B. D. F. Romero, City Engineer, presented plans and specifications for the Johnson Avenue Widening near Lizzie Street and explained the work to be completed by this project and the scope of the improvements being proposed. He stated the estimated cost of the improvements to be $14,000. On motion of Councilman Gallagher; seconded by Councilman Miller, the plans and specifications were approved and the City Engineer was authorized to put them out for bid. Motion carried. 13C. D. F. Romero, City Engineer, presented for the Council's consideration the plans and specifications for the Madonna Road Widening along the Madonna Road Plaza. Shopping Center. D. F. Romero, explained the scope of the work to be done and estimated the cost to be $4,000. On motion of Councilman Miller, seconded by Councilman Gallagher, the plans and specifications were approved and the City Engineer was,:authorized to call for bids. Motion - carried. 13D. D. F. Romero, City Engineer, presented for the Council's consideration plans and specifications for the Street Resurfacing Project, listing streets to be improved. He estimated the cost to be $34,500. On motion of Councilman Gallagher, seconded by Councilman Blake that the Street Resurfacing Project be approved and the City Engineer be authorized to call for bids. Motion carried. 14. D. F. Romero, City Engineer, presented to the City Council a list of pro- perties for prosed sidewalk installation under the provisions of City Ordinance No. 257. City Council Minutes August 5, 1968 Page 7 D. F. Romero explained some of the problems that they might encounter in this proposed sidewalk installation. On motion of Councilman Miller, seconded by Councilman Gallagher, that the City proceed and hold a public hearing on September 3, 1968. Motion carried. 15. On motion of Councilman Gallagher, seconded by Councilman Miller, the third progress payment for John Ross, Architect for the new Police Facility in the amount of $14,875.00 was approved and ordered paid. Motion carried. 16. D. F. Romero, City Engineer, presented for the Council's consideration the final payment and Change Order No. 2 for M. J. Hermreck for Foothill Boulevard Street Improvements, in the amount of $5,681.66. D. F. Romero explained to the City Council the various items involved in the Change Order and reason for delay in making payment. On motion of Councilman Miller, seconded'by Councilman Gallagher, the payment of $5.681.66 was approved and ordered paid to M. J. Hermreck. 17. On motion of Councilman Gallagher, seconded by Councilman Miller, the following contract payments were approved and ordered paid. Motion carried. McKnight Construction Corp. Water Line Improvements, City Plan No. 2 -68. J. A. O'Kelley and Son Foothill Boulevard Widening City Plan No. 12 -68 C. S. Construction Co. (Est. #2) $48,762.45 63% complete (Est. #1) $ 2,002.00 11% complete (Est. #2) $ 9,607.00 Municipal Parking Lot 411 48% complete ' City Plan No. 15 -68 West Coast Construction Co. (Est. #2) $22,829.21 Water Line Improvements, City 56% complete Plan No. 18 -68 Hi -Way Contractors (Est. #2) $ 5,833.81 Storm Drain Improvements 79% complete City Elan No. 21 -68 Lee Wilson Electric (Est. del) $ 570.10 Traffic Signal Installation 10% complete City Plan No. 22 -68 18. At this time the City Council considered filling the vacancies on the City Library Board and the Park and Recreation Commission. The appointment to the Park and Recreation Commission was continued for further consideration. 19. At this time the City Clerk reported on the bids received for the Chorro Street Sidewalk Improvements'- Murray to Meinecke, City Plan No. 2 -69. ' W. G. Shelton $7,876.20 J. A. O'Kelley $7,910.70 W. A. Howie $8,709.80 R. H. Newdoll $8,866.15 Engineer's Estimate $9,106.40 City Council Minutes August 5, 1968 Page 8 D. F. Romero, City Engineer brought to the Council's attention the apparent error in the W. G. Shelton bid on item A, in which the estimated price was $.90, but the total price was $90.00, and increased a difference of $81.00 in the total bid which still makes the Shelton bid the lowest received at a net of $7,876.20. The City Council then discussed the propriety of accepting bids with errors, and some of the Council felt the bid should be thrown out and the next bid accepted. D. F. Romero explained that even with this error, the Shelton bid was lower than any of the other bids received. On motion of Councilman Miller, seconded by Councilman Blake, that the bid of W. G. Shelton for $7,876.20 be accepted. Motion carried. Councilman Spring and Councilman Gallagher voting no. 20. Communication from D. F. Romero, City Engineer, requesting that Lewis Santos, who has been acting as Leadman until a replacement could be hired be paid additional salary for the.month of July. R. D. Miller, Administrative Officer, recommended the approval of this request and stated that it would cost $35.00 for the period. On motion of Councilman Miller, seconded by Councilman Spring, the request was approved and the expenditure authorized. 21. R. D. Miller, Administrative Officer, announced the promotion of Jack Carrington from Maintenance Man II to Maintenance.Leadman effective August 1, 1968 at $600 per month, to be considered for advancement to 5th step of $635 in one year. R. D. Miller, Administrative Officer, also announced the promotion of the following firemen.to Fire Engineer at the salary.rates indicated effective August 1, 1968. Donald Burns $710 LeRoy Trejo $710 Richard Reppert $710 Richard Fritz $670 William Spencer $710 Edward Marcom $670 Henry Tonini $710 Steven Overbey $670 With recommendation that those below the top step receive the 5th.step when they have completed the normal two years in the 4th step. 22A. Communication from the Planning and Building Department to the Administra- tive Officer for the Council's consideration that the City be authorized to begin recruitment procedures for a third Building Inspector which was to be hired in January, but dut to the increased work in the Planning and Building Department is needed at this time. R. Young stated that with one man working the field and the Chief Building Inspector doing more plan checking in the office, the local contractors need additional ins- pector help. On motion of Councilman Miller, seconded by Councilman Gallagher, the request was approved and the_ Administrative Officer was authorized to begin recruitment proceedings for the additional Building Inspector. 22B. Communication from the Planning and Building Department to the Administrative ' Officer for Council's consideration of a communication system for the Building De- partment in order to keep contact between the office and field inspectors... One alternative would be to lease portable equipment using a common carrier frequency through the Radio :Communications Service or purchase of used, recon- ditioned radio equipment to be owned by the City. 1 1 City Council Minutes August 5, 1968 Page 9 R.-Young, felt that the purchase approach would be the best for the City for radio equipment as it would be cheaper in the long run. The City Council discussed the request of the Planning and Building Department and the need for radio equipment and felt that this additional expense was not necessary. On motion of Councilman Miller, seconded by Councilman Gallagher, the request for radio equipment was denied. 23. Councilman Spring brought to the City Council's attention the matter of electrical black -outs in the northeast section of the City in the vicinity of the High School. He stated that they have had a.-number of black -outs in the area which have lasted for several hours. . Bud Hoffman representative of Pacific Gas and Electric explained the problems involved in the lines which become overloaded and cause interruption of service. B. Hoffman continued that Pacific Gas and Electric was analyizing the problems and were changing the amount of the load in order to equalize the load and he stated he hoped that when these changes were complete they would bring better service and less black -outs. 24. On motion of Councilman Miller, seconded by Councilman Spring, the following resolution was introduced. Resolution No. 1844, a resolution authorizing the Mayor to sign a deed to the Pacific Gas and Electric Company for electrical distribution facilities in Parking Lot X62. . 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 25. On motion of Councilman Gallagher, seconded by Councilman Miller, the Mayor was authorized to sign a change in the Delmartini street widening agreement which would help to pay for the sidewalk work to be done by private contractor and paid for by Mr. Delmartini. 26. In accordance with the action taken in the deed agreement with Delmartini, D. R. Romero, City Engineer, stated that the O'Kelley contract for Foothill Boulevard Widening should be increased by approximately $1,500 in order to com- plete the street work at this location. On motion of Councilman Gallagher, seconded by Councilman Miller, a change order was authorized for the O'Kelley contract in the amount of approximately $1,500. Motion carried. On motion of Councilman Gallagher, seconded by Councilman Miller, the meeting adjourned. IAPPROVED: August 19, 1968 H. FITZPATRICK CITY CLERK