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09/03/19681 1 1 Roll Call City Staff MINUTES REGULAR MEETING OF THE CITY COUNCIL September 3, 1968 - 7:00 P.M. CITY HALL Present: Emmons Blake, Frank Gallagher, Arthur F. Spring Clell W. Whelchel Absent: Donald Q. Miller Present: R. D. Young, Planning Director; J. H. Fitzpatrick, City Clerk; J. Stockton, Park and Recreation Representative; H. Johnson, City Attorney; R. D. Miller, Administrative Officer; D. F. Romero, City Engineer; L. Schlobolm, Fire Chief; E. P. Thompson, Water Department Director On motion of Councilman Blake, seconded by Councilman Gallagher, the minutes of the meeting of August 19, 1968 were approved as presented. On motion of Councilman Gallagher, seconded by Councilman Blake, claims against the City for the month of September 1968 were approved subject to the approval of the Administrative Officer. Motion carried. 1. Communication from the San Luis Coastal Unified School District notifying the City Council that due to the estimated high cost for the construction of the new Laguna Junior High School, they are asking for some help from the City, in accordance with the joint recreational plan of the community, to pay a portion of the cost of the baseball backstop and they are asking a waiver of the water hook -up acreage fee estimated at $8,500. Dr. Newman, Assistant Superintendent, appeared before.the City Council on behalf of the school district requesting the City's help in the recreational development and waiver of the water acreage fee. He suggested that waiver of the water fee would be in lieu of the City installing a sprinkler system, trenching, etc. as would normally be done in the joint recrea- tional plan and the proposed payment of one -half of the backstop (estimated at $1,500) would be the limit of City contribution to the recreational development of the Junior High School site. Councilman Gallagher stated that the Laguna Lake area water system was already deficient and he felt that the school district should pay the acreage charge as theytere adding to the water problems in the area. He continued that he would agree to deferring payment by the school district to a later date when funds wefe.available. He also suggested that the matter be continued until after receipt of the contract bids to see exactly where they stood financially. Councilman Spring stated he was opposed to waiving of the acreage fee by the City as to his knowledge no one, public or private, had been exempted by the City for this payment. He continued he would be willing to share in the cost and continue with develop- ment of athletic and recreational programs. Councilman Blake stated he felt that the school district's offer was fair in that all they were requesting was substituting actual cash contributions to the rec- reational development by waiving the water acreage fee. Mayor Whelchel stated that the City's contribution to the recreational and athletic development of the school would be the waiving of the water acreage fee and no funds would come out of actual City finances. City Council Minutes September 3, 1968 Page 2 He continued that the City and schools have always cooperated on recreational development and he feels that this was a good approach for the City to follow. The matter was continued until a later date when the actual costs of the Junior High School were known. On question of Dr. Newman, it was the consensus of the Councilmen present that the City would cooperate with the school district on some sort-of recreational development. 2. Communication from Bernard Fitzgerald, 2551 Augusta Street, requesting that the City remove a street tree in front of his residence as it-was damaging the curb, gutter and sidewalk recently installed by him at the request of the City. He stated that the tree is only partially grown and that further damage would be done to the street improvements. J. Stockton, representing the Park and Recreation Department stated that he had inspected this tree and agreed that this tree is causing damage to the sidewalk and curb and further that the tree is only half grown and the tree should be removed and if this tree is allowed to remain it would completly ruin the curb and sidewalk. He suggested that the tree be removed and replaced by the property owner with an appropriate type of tree. The matter was continued and D. F. Romero, City Engineer, was instructed to get bids for removal of the tree and the City Attorney was instructed to check ap- propriate Ordinances and Resolutions as to whose responsibility it was to remove the tree. 3. Communication from Lucille B. Duncan, 368 Lemon Street, asking the City Council about the progress of the installation of a stop light at Santa Rosa Street and Montalban Road. 1 She stated that it was her understanding that when Santa Rosa Street was com- pletly widened that a light would be provided at either Montalban or Olive Streets. She also brought to the Council's attention the problem of people parking their cars on the overpass over Highway 101 between Walnut and Olive Streets which creates a hazard for people turning off Santa Rosa Street. The City Clerk was instructed to write Mrs. Duncan stating that the City Council would again ask the Division of Highways to make the necessary study to see if a stop light were needed on Montalban and Highway 101. The matter of cars parking on the overpass on Santa Rosa Street was referred to the Traffic Committee for investigation and report. 4. Communication from P. R. Weber, 648 Felton Street, requesting that the City Council transfer to him a portion of the property soon to be acquired by the City from Cal Poly for the extension of Highland Drive. __ H. Johnson, City Attorney, explained that this transaction between the City and the State is presently in escrow, and suggested that it would delay acquisi- tion by adding any additional parties to the transfer. D. F. Romero, City Engineer, reported that the plans and specifications for the extension of Highland Drive will b6:-prepared this winter and call for bids wohld be in the,spring of 1969. The matter was continued until the plans and specifications were completed for the extension of Highland Drive with the City Attorney to notify P. R. Weber of this delay and to inform him that he will be notified before any transaction of property is accomplished. City Council Minutes September 3, 1968 Page 3 5. Communication from the Economic Opportunity Commission asking if the City Council wishes to exclude the City of San Luis Obispo from the Community Action Program of the Economic Opportunity Commission. They continued that if the City Council wished, they could be excluded from this program and develop their own program. The City Council discussed the matter stating that it was their intention to go along with the County -wide program for community action. On motion of Mayor Whelchel, seconded by Councilman Gallagher, that the City notify the Economic Opportunity Commission that the City of San Luis Obispo does not wish to be excluded from the Community Action program and wished to proceed with the County -wide program. Motion carried. 6. Communication from the San Luis Obispo County Development Association re- questing the City Council to appoint a' representative for the City for the fiscal year beginning October 1, 1968. Mayor Whelchel explained that the City's present director, Walter Lorette, re- quested that he be relieved from this position as he is president of the Chamber of Commerce and cannot meet the demands of both jobs. The matter was continued to the adjourned meeting of September 10, 1968 at which time the Council will consider names for this appointment. 7A. Communication from the Central Coastal Regional Water Quality Control Board asking the City for comments on the use of septic tanks in urbanizing areas in the Central Coastal Region. 7B. Proposed Resolution of the Central Coastal Regional Water Quality Control Board Adopting Objectives for Control of Water Quality with Respect to Solid Waste Disposal in the Central Coastal Region, was referred to the City Engineer, D. F. Romero, and Water Department Superintendent, E. P. Thompson for study and report to the Central Coastal Regional Water Quality Control Board. 8. Traffic Committee report of August 29, 1968. 68 -9 -1T The school authorities have suggested that the west side of San Luis Drive between Munoz and California be signed for no- parking at any time. The Traffic Committee has studied this and feels that this step would eliminate a great deal of congestion of San Luis Drive and would also discourage the loitering of unwanted persons in and around the school grounds. We so recommend. On motion of Councilman Gallagher, seconded by Councilman Blake, the following resolution was introduced. Resolution No. 1849, a Resolution eliminating parking on the west side of San Luis Drive between Munoz and California. 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 9. At this time the City Council held a public hearing on the recommendation of the Planning Commission to rezone the north side of Foothill Boulevard from 374 Foothill Boulevard to the west corner of 500 Foothill Boulevard from R -1 to R-0-S. City Clerk reported the following comments of the Planning Commission regarding this rezoning. (1) The area proposed for rezoning involves 10 lots located on the north side of Foothill Boulevard at the intersections of Cuesta and Tassajara Drive which are proposed from R -1 to R -O:and two lots at the southwest corner of Foothill and Tassajara proposed from R -1 to C -N. City Council Minutes September 3, 1968 Page 4 (2) The portion proposed to be rezoned to C -N is developed with a nonconforming market and a single family residence. The parcels proposed-.to be rezoned to R -0 are predominately developed with single family residences with the ex- ception of a parcel at the northeast corner of Tassajara and Foothill which is vacant and a parcel at the northwest corner of Tassajara and Foothill which is developed with a single family residence which has been converted to multiple units. (3) The Commission was of the opinion that the request for R -0 zoning on the north side of Foothill Boulevard was a logical extension of the existing R -3 district to the east which is for the most part developed with R -3 uses. The Commission was also of the opinion that R -O -S zoning would afford compatibility to adjoining single family residential development that R -H zoning since the R -0 district would encourage office development which is generally not in use after 5:00 P.M. (4) The Commission also discussed the rezoning of the south side of Foothill Boulevard to R -O -S but was of the.opinion that to do so at this time would be premature since the contiguous R -3 district on the south side of the street is for the most part vacant. (5) The Commission was of the opinion that the request for C -N zoning on the southwest corner of Tassajara and Foothill was inappropriate in that ap- proval would constitute spot zoning. It was also their determination that to zone the property to R -0 in accordance with the applicants amended re- quest presented at the hearing, would be premature. R. Young, Planning Director, presented a map showing the land uses in the area and the area proposed for rezoning. He stated further that the Planning Commission had recommended that the S Suffix be added to the Resolution so that the Planning Commission could have use permit type control over the development. Mayor Whelchel declared the public hearing open. C. Delmartini appeared before the City Council on behalf of the requested re- zoning to R -O -S. He stated that he feels the area is ready for development to-small offices and not for more single family development. He continued that no one from the general area had protested at the Planning Commission meeting but that some people further away from the area had questioned the rezoning. R. Wilcox, 7 Elm Court, protested the rezoning as he feels that if the City allows the rezoning on the north side of Foothill it would only be a matter of time until the south side of Foothill Boulevard is rezoned for multiple uses. Also the apart- ment buildings would overlook his-property on Elm Court and damage this fine sin- gle family neighborhood. He also felt that this additional development would add additional traffic on an already overcrowded Foothill Boulevard. Mayor Whelchel declared the public hearing closed. Councilman Blake felt that this was a logical extension for offices on Foothill Boulevard and further he agreed with the Planning Commission's recommendation of adding the S classification so that development could be controlled. Councilman Gallagher asked if office development were necessary in this area at this time as it would only expand commercial use further on Foothill Boulevard. R. Young, Planning Director, reviewed for the City Council the study and con- sideration made by the Planning Commission in making this request to rezone this property to R -O -S. C 1 1 City Council Minutes September 3, 1968 Page 5 Mayor Whelchel stated he felt that the requested rezoning was a logical extension of the multiple use on the north side of Foothill Boulevard and feels that this would be a good development for this property. Councilman Gallagher again questioned the need for rezoning of this area at this time as there was an over - abundance of vacant office and multiple residential use land in the general area. Councilman Spring stated he also felt that this rezoning on the north side of Foothill Boulevard was premature and an illogical use of land and zoning. Councilman Blake felt that the recommendation for rezoning of the property on the north side of Foothill Boulevard was a logical extension of multiple use into this area. Councilman Spring again stated he did not feel that the recommendation was logical and was premature. On motion of Councilman Blake, seconded by Councilman Gallagher, that the matter be continued to September 16, 1968. Motion carried. 10. At this time the City Council held a public hearing on the proposed introduc- tion of Ordinance No. 423, an Ordinance regulating the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use height,.area, sanitation, plumbing and maintenance of buildings of structures in the City of San Luis Obispo, State of California, providing for the issuance of permits and collection of fees thereof, and repealing all Ordinances and parts of Ordinances therewith. Mayor Whelchel declared the public hearing open. J. Bean, Secretary of the San Luis Obispo County Building Contractors Association, appeared before the City Council and stated his association has studied the re- commendation in depth and feels this is a step in the right direction, in that the new Ordinance being proposed for adoption would allow builders to take ad- vantage of new products being offered. He thanked the Building Department on making these codes available. J. Ross, Architect, asked the City Council to consider amending the proposed Ordinance to allow decorative wood to be used on downtown buildings in Fire Zone I for decorative treatment in order to follow the Mission or Spanish theme. J. Kellerman, Chief Building Inspector,.stated that the City Building Official has the right to allow nonconforming materiel in Fire Zone I on-an individual basis. It was suggested that. City and County Building Officials, Fire Officials, con- tractors, and architects could get together and come up with an amendment to the Building Code for allowing the use of asthetic development in the downtown area. Mayor Whelchel declared the public hearing closed. On motion of Councilman Blake, seconded by Councilman Spring, the following Ordinance was introduced and passed to print. Ordinance No. 423, an Ordinance regulating the erection, construction, enlargement, alteration, repair, moving, ' removal, conversion, demolition, occupancy, equipment,use, height, area, sani- tation, plumbing and maintenance of buildings or structures in the City of San Luis Obispo, State of California, providing for the.'issuance of permits and col- lection of fees thereof, and repealing all Ordinances and parts of Ordinances in conflict therewith. Introduced and passed to print on the following roll call vote: AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring Clell W. Whelchel NOES: None ABSENT: Donald Q. Miller City Council Minutes September 3, 1968 Page 6 11. At this time the City Council discussed appointment of a clerk of the works for continuous inspection of the new Police Facility. J. Ross, Architect for the Police Building, stated he did not feel that it was necessary for the City to hire a clerk of "the works provided someone could be made available during the placement of fill and reinforced concrete. After that time job inspection will be provided by his staff according to his contract with the City. J..Ross presented a letter from Robert Jones, structural engineer, listing the items that must be supervised at the initial start of construction, for example: (1) compacted fill, (2) reinforcing steel, (3) structural steel, and (4) concrete and masonry. J. Ross stated he felt that this intensive type of inspection would not take more than 10 - 15 days. R. D. Miller, Administrative Officer, stated that D. F. Romero, City Engineer, has offered the use of members of his staff for inspection and for authorizing the necessary tests as required. On motion of Councilman Gallagher, seconded by Councilman Blake, the City Engineer was authorized to furnish inspection for the new Police Facility until the Building Department could take over the job. Motion carried. 12. On motion of Councilman Spring, seconded by Councilman Blake, the following resolution was introduced. Resolution No. 1851, a Resolution approving the Police Mutual Aid Agreement and authorizing the Mayor to sign same. 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 13. D. F. Romero, City Engineer, presented for the Council's consideration a proposed maintenance agreement between the City of San Luis Obispo and the State of California for maintenance of State Highways within the City of San Luis Obispo. The new agreement was made to provide increased allotment to cover additional sweeping on Highway 1 and to change the record as to the length of Highway 101 in the City due to recent annexations. D. F. Romero, continued that the maintenance work on the Highways through the City is done by the City forces and billed to the Division of Highways and the work on the freeway is done by the Division of Highways. On motion of Councilman Blake, seconded by Councilman Gallagher, the following Resolution was introduced. Resolution No. 1850, a Resolution of the City Council approving the agreement for maintenance of State Highways in the City of San Luis Obispo. 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 14. The City Clerk brought to the attention of the City Council the matter of final action on the abandonment of a portion of Church Street between High and Nipomo Streets. This portion of Church Street was abandoned to public use. in two public hearings before the City Council on April 19, 1960 and July 1, 1963. City Council Minutes September 3, 1968 Page 7 This property is now being sold and the title company handling the transaction feels than an additional document of Council action should be resolved in order to clarify the Council's intention. City Council recommended that maps of abandonment be submitted and that this matter be continued to the next meeting. 9 :45 P.M. Mayor Whelchel declared a recess. 9:55 P.M. the meeting recovered ' with all Councilmen present. 15. Councilman Blake brought to the attention of the City Council the complaints he has received regarding the enforcement of parking meter violations in the down- town area late in the afternoon. He continued that the Municipal Code requires that the meters be enforced from 9:00 A.M. to 6:00 P.M. and the parking enforcement officers are only doing theii job. He feels that the Police Department is doing a good job of enforcing parking regulations and should not be abused for doing their job. B. Idler complained of enforcing meters after 5:00 P.M. He felt that the City was getting too tough when the parking meters were enforced in the downtown area after 5:00 P.M. until 6:00 P.M. He continued he did not believe the City needed the money that bad and there was plenty of parking after that time. He further stated that he disagreed with the enforcement of any meter viloations and stated that all parking.meters should be removed from the downtown area. Councilman Blake stated he wished to go on the record complimenting the Police Department for doing their job by upholding the City's Ordinances. ' 16. On motion of Councilman Gallagher, seconded by Councilman Spring, the City Attorney was instructed to prepare for the Council's consideration a draft of the ballot arguments on the closing of Monterey Street to be on the ballot in November 1968. The draft will be presented at the September 10, 1968 adjourned meeting. Motion carried. 17. On motion of Councilman Blake, seconded by Councilman Gallagher, the following Ordinance was introduced for final passage. Ordinance No. 422, an Ordinance amending Article IX, Chapter 3 Building Setback Line (Ordinance No. 201 (1961 Series) of the San Luis Obispo Municipal Code. Finally passed on the following roll call vote; AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Cleli W. Whelchel NOES: None ABSENT: Donald Q. Miller 18. On motion of Councilman Gallagher, seconded by Councilman Spring, the fol- lowing Ordinance was introduced for final passage. Ordinance No. 424, an Ordinance levying a tax for the current 1968/69 fiscal year upon all taxable property with- in the City of San Luis Obispo and fixing the rate of such tax. ' Finally passed on the following roll call vote': AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Clell 14. Whelchel NOES: None ABSENT: Donald Q. Miller City Council Minutes September 3, 1958 Page 8 19. On motion of Councilman Blake, seconded by Councilman Spring, the following contract payments were approved and ordered paid. C. S. Construction Company Est. #3 $6,616.80 Municipal Parking Lot #11 (68% complete) L. D. Van Over Construction Co. Est. #1 13,381.65 Chorro Street Sewer Line (39% complete) Lee Wilson Electric '.Est *2 5,130.95 Traffic Signal Installation (100% complete West Coast Construction Co. Est. #2 20,02.5.73 Water Line Improvements City Plan No. 18 -68 J. A. O'Kelley and Son Est. #2 11,149.58 Foothill Boulevard Widening (64% complete McKnight Construction Corp. Est. #3 11,714.67 Water Line Improvements, (77% complete) City Plan No. 2 -68 20. The matter of an appointment to fill the vacancy on the Park and Recreation Commission was continued to the meeting of September 10, 1968. 21. D. F. Romero, City Engineer, presented plans and specifications for the Sewage Treatment Plant By -Pass Line, City Plan No. 6 -69. He continued that the estimated cost of the improvement would be $5,870.00 and would be completed by November 1968. On motion of Councilman Gallagher, seconded by Councilman Blake, the Plans and specifications for the Sewage Treatment By -Pass Line were approved and the City Engineer was authorized to call for bids. Motion carried. 22. H. Johnson, City Attorney, presented to the City Council the proposed letter being sent to the General Services Administration of the United States Government on behalf of the City of San Luis Obispo and the County of San Luis Obispo.for joint acquisition of the Salinas Dam. He summarized briefly the main points covered in-the letter and noted that copies of the letter had already been sup- plied to each of the Councilmen and the Mayor. Mr. Johnson also pointed out that paragraphs 2 and 3 of the terms of the proposal as shown in earlier drafts had been deleted since the City could not legally enter into a credit purchase. However, it could enter into a joint powers agreement with the County and issue revenue bonds to finance the purchase or enter a lease purchase agreement. H. Johnson asked that the City Council authorize the Mayor sign this proposed letter in order to get comments from the General Services Administration. In response to inquiries from the Council, he stated that stronger language could be included to make it clear that the joint purchase would be consummated only if the terms of the proposed joint powers agreement could be worked out to the satisfaction of the-City Council. On motion of Councilman Blake, seconded by Councilman Spring, the following resolution was introduced. Resolution No. 1852, a Resolution autlo rizing the Mayor to sign the letter to the General Services Administration of the United States Government for joint acquisition with the County of San-Luis Obispo of Salinas Dam, subject to.the deletions and changes mentioned by the City Attornev. AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Clell W. Whelchel NOES: None ABSENT: Donald Q. Miller 1 City Council Minutes September 3, 1968 Page 9 23. D. F. Romero, City Engineer, brought to the Council's attention the problem of authorizing a Change Order for work at California and Monterey Streets. He explained that the two contractors working in the area would have the northerly concrete cross gutter pretty well torn up and that it would be more efficient for the City to repair with one concrete patch at final grade. Considering the in- creases and decreases in quantities, this change order would amnount to approxi- mately $700 and would provide for a much better improvement than the plant mix repair originally proposed. On motion of Councilman Blake, seconded by Councilman Spring, the change in the contract was approved. Motion carried. 24. City Council adjourned to executive session to discuss personnel matters. 25. On motion of Councilman Blake, seconded by Councilman Spring, the City Attorney was authorized to file suit against Glen Falls Insurance Company re- garding Tract No. 292 in order to have the tract completed by the City. Motion carried. 26. On motion of Councilman Blake, seconded by Councilman Spring, the meeting was adjourned to Tuesday, September 10, 1968, 7 :00 A.M. at the Silent Woman. Roll Call City Staff MINUTES ADJOURNED MEETING OF THE CITY COUNCIL September 10, 1968 - 7:00 A.M. Silent Woman Restaurant 1902 Monterey Street Present: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. [dhelchel Present: J. H.-Fitzpatrick, City Clerk; R. D. Miller, Administrative . Officer; H. Johnson, City Attorney 1. City Council met with Mr. Donald V. Van Harreveld and discussed his possible appointment to the City Park and Recreation Commission. Mr. Van Harreveld explained some of his background and education and work that he has done with young people and also his interest in recreation and park development. The matter was continued to the regular meeting of September 16, 1968. 2. City Council discussed appointment of a representative of the City Council to the County Development Association. ' Mayor Whelchel suggested that he be appointed as the City's representative for at least a short period of time so that the City Council, through hire, could see how the County Development Association operated,how they approached industrial development, etc. On motion of Councilman Gallagher, seconded by Councilman Spring, Mayor Clell W. Whelchel was appointed as the City's representative to the County Development Association. Motion carried.