HomeMy WebLinkAbout09/03/19681
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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.
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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
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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.