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09/16/1968City Council Minutes September 10, 1968 Page 2 3. H. Johnson, City Attorney, presented to the City Council for their considera- tion, two ballot arguments opposing the closing of Monterey Street iniatiative to be on the November general election ballot. The City Council discussed with H. Johnson various aspects of the ballot argument and suggested changes, etc. The matter was continued for further discussion to the regular meeting of September 16, 1968. ' 4. On motion of Councilman Blake, seconded by Councilman Miller, the meeting adjourned. APPROVED: September 16, 1968 H. FITfll"ATRICK CITY CLERK MINUTES REGULAR MEETING OF THE CITY COUNCIL September 16, 1968 - 7 :00 P.M. City Hall Invocation was by Father Steiger, Pastor, Old Mission Roll Call 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; J. Stockton, Park and Recreation Representative; R. D. Miller, Administrative Officer; H. Johnson, City Attorney; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief; 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 September 3, and 10, 1968 were approved as presented. On motion of Councilman Blake, seconded by Councilman Spring, claims against the City for the month of September 1968 were approved subject to the approval of the Administrative Officer. Motion carried. 1. Joseph Manfrini appeared before the City Council and presented a book en- titled The Police, published by the Conservative Book Club, to Lt. Sperlo, Chief Rodgers and Mayor Whelchel, in appreciation of the Police work performed by Lt. Sperlo in apprehending a berserk gunman. J. Manfrini added that it was his feeling that good Police work should be recog- nized rather than depreciating the Police Department. Mayor Whelchel, on behalf of the City, thanked Mr. Manfrini for his consideration. 2. At this time Arthur Hapgood, Vice - president, Central California Communica- tions Corporation, appeared before the City Council regarding complaints of poor reception from cable TV service. He explained in detail the problem of "microwave fade" which causes loss of picture on the cable due to temperature effect on the microwave from the point of pick -up to the Cuesta head -in. City Council Minutes September 16, 1968 Page 2 He stated that this problem would only effect the microwave during the summer months and that within 30 days, when the temperature lowers, service would improve. But regardless of this, his company will continue to take the necessary steps to modernize equipment to improve this situation. Mayor whelchel thanked Mr. Hapgood for appearing before the Council. 3. Rick Norman, Engineer for Shell Oil Company, presented a plan for the use of City awned property at Madonna Road and the Madonna Inn access road. He stated that the plan being presented to the City Council at this time was the plan recommended by the Council for access to the service station from Madonna Road with no access over City owned property to the Madonna Inn access road. He stated that the balance of the City owned property lying between the Shell Oil service station and the Madonna Inn access road would be landscaped under the ap- proval of the City. Also, sprinklers would be installed for better maintenance of the landscaping. Drainage would also be installed according to City standards. He stated that the most easterly driveway for the station would be constructed on City property. H. Murphy, Attorney representing A. Madonna, stated on behalf of his client that he was opposed to the use of City property for service stations. He based his argument on the fact that the service station frontage was below minimum City standards unless City property were used. He continued that he felt the new plan did not alleviate potential traffic conflicts. He also reminded the City Council to keep in mind the drainage problems in the area. Councilman Spring stated that the Council should remember that the proposed service station frontage was only 80 ft. wide and that the City's minimum was 100 ft. in width and that unless City property were used this station would be sub - standard. He further stated he was opposed to granting City property for private purposes without the City taxpayers receiving any rent for their property and further that inadequate proposals had been made to.handle up- stream drainage. Councilman Miller objected due to the narrow access for the station on private property and potential traffic hazards with the narrow width. Councilman Blake stated that he felt that Shell Oil Company had proposed this plan with the recommendation of the City Council and had removed all objections of the City Council at the last meeting and he felt that this site should be approved. Councilman Gallagher stated he objected to a service station at this location due to the narrow property frontage. He felt that if the property owner had presented a detailed plan of the entire development as requested by the City Council this access to the service station could have been adequately.taken care of. Mayor Whelchel stated that it was his understanding that the City was granting access over City property to Shell Oil Company on the basis that they were going to put in the required underground drainage to the property and landscape the area at no cost to the City. ' D. F. Romero, City Engineer, explained to the City Council the drainage plan for this area. He also stated, that in his opinion, the present plan did not provide for traffic flow as well as had the previous plan. R. Norman, Engineer for Shell Oil Company, stated that Shell Oil Company was willing to do whatever the City would require of them in order to put this service station on this property, but he continued he thought it was unfair.to his company to keep turning down their proposals when they:.have honestly tried to meet every suggestion and objection of the City Council. City Council Minutes September 16, 1968 Page 3 On motion of Councilman Miller, seconded by Councilman Spring, that the request be denied. Motion carried, Councilman Blake and Mayor Whelchel voting no. 4. At this time the City Council held a public hearing on the report of the Super- intendent of Streets for the cost of sidewalk repairs under the provisions of Ordinance No. 257 on the following properties. A. K. C. and G. Doss 195 Cuesta Drive $443.00 (Cerro Romauldo side) A. and T. Lalande 1427 Beach Street 335.00 M. A. Mallory, Et al 493 Pismo Street 875.00 (Beach Street side) B. The following property owners have requested the three year payment option: K. J. Blodgett 405 Foothill Blvd. 769.00 (Tassajara St, side) Doris L. Bowles 1530 Beach Street 348.00 T. M. Burch 1447 Beach Street 354.00 D. A. Craig, Et al 142 N. Tassajara 159.00 E. M. Curl 553 Buchon Street 594.00 (Beach Street side) C. Delmartini 125 N. Tassajara 132.00 C. Delmartini 109 N..Tassajara 101.00 R. and C. Haidu 1503 Beach Street 290.00 P. and F. R. Martella 1547 Beach Street 245.00 Christine Northcutt 1525 Beach Street 329:00 J. W. and L. W. Olson 391 Cerro Romauldo 490.00 (Tassajara St. side) E. Schuster 188 Cuesta Drive 383.00 1 (Cerro Romauldo side) D. W. Vega 18 S. Tassajara 367.00 V. M. Vicory, Et al 1437 Beach Street 324.00 Mayor Whelchel declared the public hearing open. M. A. Mallory, 493 Pismo Street, appeared before the City Council and stated that he was not objecting to the-cost of the sidewalk installation but did object to some of the cracks in the sidewalk which were already appearing and he wanted to know who would be responsible, if these cracks continued to grow, for repairing this new side- walk when it needed to be done. D. F. Romero, City Engineer, explained that these cracks were weakened planes de- liberately installed to, control crackirig., He also stated that if the sidewalks needed repair within one year, the contractor would be responsible for the repair. M. A. Mallory stated that he was satisfied with the one year repair guarantee Mayor Whelchel declared the public hearing closed. On motion of Councilman Miller, seconded by Councilman Gallagher, the following resolution was introduced. Resolution No. 1854, a resolution authorizing sidewalk . repairs. 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 City Council Minutes September 16; 1968 Page 4 5. At this time the City Council held a public hearing on Resolution No. 1840, a resolution requiring sidewalk improvements on portions of various streets in the City of San Luis Obispo as follows: E. C. & T. M Petrick 638 California Blvd. D. W. & L. M. Gleason 1227 Stafford (California Blvd. side) ' A. Nelson 1223 Stafford (California Blvd. side) A. Salazar . 450 California (Stafford side) P. F. Howard 416 Hathway E. C. and J. Glover 400 Hathway H. A. Forham 390 Hathway T. J. and A. M Lee 360 Hathway R. L. and M. A. West 348 Hathway J. A. and E. M. Cosgrove 306 Hathway S. B. and M. M. Collins 1214 Bond (Hathway side) S. B. and M. M. Collins 274 Hathway S. G. and M. M. Collins 248 Hathway M. B. Hill 230 Hathway A. M. & R. M. Fellows 208 Hathway M. M. McNeil 111 Orange Drive (Hathway side) D. S. Wright 110 Orange Drive (Hathway side) A. & C. Renetzky 111 Kentucky Drive ( Hahtway side) H. J. & I. M. Vanderhoff 16 Hathway V. J. & C. L. Gates 14 Hathway R. L. & V. M. Andreini 12 Hathway J. J. & V. A. Hurley 10 Hathway A. Renetzky, Attorney, appeared before the City Council and presented a petition signed by all parties who were required to place sidewalks on their property under ' the provisions of Resolution No. 1840. A. Renetzky asked that the City Council not enforce the placing of these sidewalks as required by Resolution No. 1840. He continued that these improvements were not needed now and would only be a detriment to property values. He continued that he felt that the sidewalk improvements would not help the property owners who would be required to pay for them, but would only help students walking to Cal Poly:.acid those parking their cars on the street in order to avoid paying the parking fee at the college. He continued that the original developer of this tract did not envision sidewalks but developed it with a rural atmosphere. He further stated many of the property owners could not afford to put in these expensive improvements which in many cases, due to the terrain, included the installation of expensive retaining walls. He asked that the City - Council forego these sidewalk improvements to be paid for by the property owners, but if the City Council should decide these improvements were necessary, they should be done with gas tax money. R. Andreini, 12 Hathway Street, objected to putting sidewalks in this area as he felt that no one walks this way to school. He further objected to removing a tree on his property in order to put in an ugly sidewalk. He continued that if the sidewalks were put in he would have to com- 'pletly reinstall his driveway which had been approved by the City in the past. D. F. Romero, City Engineer, explained that neither the Andreini or Gates driveway was constructed to meet City adopted grade at the property line, even though considerable discussions were held with the property owners at the time of construction. He ex- plained that if a standard installation of curb, gutter and sidewalk was now made at these properties, a substantial portion of each driveway would have to be.removed in order to conform to the adopted grade in a useful fashion. City Council Minutes September 16, 1968 Page 5 Mayor Whelchel declared the public hearing closed. Councilman Blake stated that this problem was caused by Cal Poly which did not charge a reasonable fee for parking on campus. He further stated he would support sidewalks where elementary students were walking to school, but not for college students who contribute to the problem. Councilman Miller explained the City's program for installation of sidewalks and that they were following the recommendations of a citizen's committee. He felt that the program was a good one for the City and he would support installation of sidewalks in the area. V. Gates, 14 Hathway, objected to the installation of sidewalks in front of -his property as he felt it would damage his lot and make it less valuable. Mrs. Andreini, 12 Hathway Street, objected to the installation of sidewalks in front of her property which she said would damage the property and.reduce its value. r r 1 On motion of Councilman Miller, seconded by Councilman Gallagher, the matter was referred to the Traffic Committee for investigation and report to the City Council at the October 9, 1968 Council meeting. 6. At this time the City Council continued the public hearing on the recommendation of the Planning Commission to rezone the north side of Foothill Boulevard from 374 Foothill to the west corner of 500 Foothill Boulevard from R -1 to R-0-S. Mayor Whelchel declared the public hearing open. Osa M. Roy, 8 Elm Court, objected to the recommended rezoning as he felt that this rezoning would be a detriment to his property because he could not sell it due to the encroachment and development of multiple dwellings in the area. He continued that he and his neighbors might not object if they knew what type of development Delmartini planned and the height of the building. Robert Wilcox, 7 Elm Court, objected to the recommended rezoning on the basis that if this rezoning is approved on -the north side of Foothill Boulevard, then the people on the south side of Foothill would be in to change their property to multiple use, which would be their right, and he feels that this would affect his property with apartments and student development being built directly behind them which he feels are incompatible with family housing. R. Mortensen, Foothill Boulevard, objected to allowing multiple dwellings in or near family housing as he feels that they are incompatible and therefore objected to this rezoning. C. Delmartini, applicant for this rezoning, appeared before the City Council and gave his reasons why he feels this property should be rezoned R -0 -S. He felt that this is a logical extension of the multiple use of the north side of Foothill. Further, he felt that due to the land costs and.development costs in the area, this property should not be used for future family housing and urged the City Council to grant his request. Mayor Whelchel declared the public hearing closed. Councilman Gallagher stated he felt that this area should stay as R -1 or R-2-for family development as he felt extension of commercialization in the area would only add more and more traffic to Foothill. He further stated that there were additional land areas other than that requested for rezoning available for multiple dwelling. Mrs. Delmartini appeared before the City Council and stated she felt the City Council should keep in mind the amount of traffic traveling in front of Foothill and Tassajara and with the traffic signal on the corner she did not feel that residential property would develop at this point. City Council Minutes September 16, 1968 Page 6 R. Young, Planning Director, stated that the Planning Commission felt that the recommended rezoning was a logical extension of the multiple use on the north side of Foothill Boulevard. The City-Council then discussed various uses that would be allowed in the R -0 zone and the limitations imposed on the zone by adding the S classification. Councilman Miller made a motion that the City Council approve the recommendation of the Planning Commission. Motion died for lack of a second. On motion of Councilman Gallagher, seconded by Councilman Spring, that the City Council deny the requested rezoning was approved on the following roll call vote: AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Clell W. Whelchel NOES: None ABSENT: None 9:00 P.M. Mayor Whelchel declared a recess. 9 :10 P.M. the meeting recovened with all Councilman present. 7. R. D. Young; Planning Director, presented to the City Council a schedule for the proposed Open Space Grant for the acquisition and development of the South Street Park. He .continued that his department is nearing completion on the application for a 50% matching grant for acquisition of the park and a $25,000 development grant from the Department of Housing and Urban Development. R. Young suggested that the City Council consider adopting a resolution authorizing the application for the grant. On motion of Councilman Miller, seconded by Councilman Gallagher, the following resolution was introduced. Resolution No. 1853, a resolution authorizing filing an application for a Federal Grant to acquire and develop open -space land. 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 8. Communication from the Planning and Building Department recommending that the City Council adopt the Uniform Building Code commonly known as the "Housing Code ", which is a necessary tool to prevent the decay and deterioration of residential structures in the community. R. Young, continued that presently the City must rely on the State Housing Code as a tool for abating and rehabilitating sub - standard dwellings. The adoption of the recommended "Housing Code" will give direct authority to the City for up- grading housing conditions within the community and will fulfill a prerequisite for certifi- cation of the City's workable program presently being prepared. ' A public hearing was set for October 21, 1968. 9. At this time the City Council discussed the proper procedure for removing junked automobiles from City streets and private property. Police Chief Rodgers explained to the City Council the problems involved in having junked automobiles towed away from City streets and private property. City Council Minutes September 16, 1968 Page 7 He continued that the junk yard operators do not wish any more junked automobiles, particularly those that have been stripped. He also stated that if the City were to start a program to pick -up these cars they would have to have a piece of property to store these vehicles and then decide what would have to be done with them. He stated he felt there was sufficient law, both City and State to allow such a program. H. Johnson, City Attorney, explained the legality of removing junked and abandoned cars from City streets and private property. He stated that if the Council desired, an ordinance could be proposed outlining procedures to be used by the City. He further stated that the City's contract with the auto wrecker would expire in a month and that it might be difficult to get someone to haul these vehicles away at the City's prices. The City Council discussed with the Attorney and Police Chief this problem of junked and abandoned automobiles and felt that the City should proceed with having these cars towed away. The matter was referred to the • City Attorney to prepare an ordinance for the Council's consideration and to call for bids to contract for the towing•.and storing of these vehicles. 10. A resolution from LAFCO approving the Faulstich Annexation to the City of San Luis Obispo was considered and the City Clerk was instructed to contact the property owners for a petition requesting annexation. 11. The City Council discussed the problem of private parties pumping water from Laguna Lake and whether this practice could be detrimental to other property owners around the take. H. Johnson, City Attorney, explained the problems involved as the property owners might have a right to water from the lake and that this possibility should be in- vestigated before any action is taken. The matter was referred to the City Engineer to see who was taking water from Laguna Lake. 12. D. F. Romero, City Engineer, reported to the City Council that James Stockton, Assistant Park and Recreation Director, has procured three bids for the removal of a tree at 2551 Augusta Street and that the low bid of $95.00 was from Arbor Tree Service and that they could proceed if the Council wished. H. Johnson, City Attorney, explained the Municipal Code as to whose responsibility it was to remove trees, and he stated it was the responsibility of the property owner to remove the tree and to replace it with another tree. The City Council discussed with D. F. Romero and J. Stockton, the actual damage this tree was doing to the curb, gutter and sidewalk. On motion of Councilman Miller, seconded by Councilman Spring, that the tree stay in its present location and, that the sidewalk and curb be repaired at the City's expense since the City had refused permission to remove the tree when the sidewalk was con- structed. Motion carried. Mayor Whelchei voting no. 13. At this time the City Council discussed the matter of taking final action on the abandonment of portions of Church Street between High and Nipomo Streets,.. in order to clarify Council action taken in 1960 and 1963 on this abandonment. On motion of Councilman Blake, seconded by Councilman Spring, the following resolution was introduced. Resolution NO. 1855, a resolution abandoning portions of Church Street, between High Street and Nipomo Street. Passed and adopted on the following roll call vote: City Council Minutes September 16, 1968 Page 8 AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchei NOES: None ABSENT: None 14. The City Clerk reported on the following bids received for the Sewage Treatment Plant Pipeline Installation, City Plan No. 6 -69. . Burke Construction Co. $7,061.75 West Coast Construction Co. 7,314.60 Hi -Way Contractors 7,390.00 McBrides Plumbing & Sheet Metal 9,069.00 Engineer's Estimate 5,879.00 D. F. Romero, City Engineer, recommended that the low bid of Burke Construction Company be accepted. On motion -of Councilman Miller, seconded by Councilman Gallagher, the low bid of Burke Construction Company was accepted. Motion carried. 15. At this time the City Council considered an appointment to fill a vacancy on the Park and Recreation Commisssion. Councilman Miller again nominated Walter Owens for appointment to the Park and Recreation Commission to complete the term of Mrs. Bradford who has resigned. Councilman Miller continued and listed the qualifications to Mr. Owens, his education and his work with youth and felt that someone from the black community should be on the Park and Recreation Commission. On motion of Councilman Miller, seconded by Mayor Whelchel, that Walter Owens be appointed to the Park and Recreation Commission to complete the term of Mrs. Bradford who has resigned. Councilman Spring stated that the Council had scheduled several meetings with can- didates for appointment to the Park and Recreation Commission and that Mr. Owens did not make one meeting even though invited by the City Council, and that be, would have to-support the man who did attend the meetings as requested by the Council. , W. Owens stated that the reason he did not attend any of the meetings was that he was in a hospital in Fresno each time a meeting was called, and at the last meeting he misunderstood the time of 7:00 A.M. with 7:00 P.M. and therefore.midsed the meeting. Mr. Owens then presented his philosophy on recreation for the City and his interest in being a member of the Park and Recreation Commission. The motion was lost. Councilman Miller voting yes. 1 On motion of Councilman Blake, seconded by Councilman Spring, that Donald V. Van Herreveld be appointed to the Park and - Recreation Commission to complete the term of Mrs. Bradford who has resigned. Motion carried. Councilman Miller voting no. The City Council instructed the City Clerk to keep Mr. Owens application in the suspense file to be contacted for any future appointment to the Park and Recreation Commission. City Council Minutes September 16,1968 Page 9 16. On motion of Councilman Gallagher, seconded by Councilman Miller, the following salary step increases were approved. Alstot, Gary - Fireman From Step 1 or $550 to Step 2 or $582 Dorman, Gerald - Fireman Form Step 1 or $550 to Step 2 or.$582 McChesney, Harold - Fireman From Step 2 or $617 to Step 3 or $652 Post, Paul - Mechanic I From Step 2 or $521 to Step 3 or $550 Signorelli, Henri - Fireman From Step 1 or $550 to Step 2 or $582 Taylor, Gerald - Fireman From Step 1 or $550 to Step 2 or $582 17. H. Johnson, City Attorney, again presented to the City Council copies of the proposed ballot argument against the Initiative Ordinance closing Monterey Street. The City Council discussed various points to be included and on motion of Councilman Gallagher, seconded by Councilman Spring, approved argument No. 2 as amended.. Motion carried, Councilman Blake and Councilman Miller voting no. 18. Communication from the Committee on Joint Recreational Use of School Property, stating that the summer recreational swimming program has been a success and that good participation in the program has resulted in admission fees which nearly defrayed the cost of the program. The committee asked the City Council to continue the program thru December 1, 1968 and to allow the City's commitment of $300 to support the program thru November 30, 1968. Motion carried. 20. Communication from the County Sheriff inviting.the Police Chief and the City Council to attend a meeting to discuss the proposed California Law Enforcement and Teletype System to be shared by the Police Departments of the County. Police Chief Rodgers asked that as many-..Council members as possible attend this meeting as he felt it was something the City would have to get into, but that it would cost the City approximately $150 per month. 21. Councilman Blake brought to the attention of the Council the fact that a group of local businessmen were starting an airline to serve the City of San Luis Obispo, with flights between San Francisco, Sacramento and Los Angeles and urged that the City Council take some action endorsing this airline to.the Public Utilities Commission. On motion of Councilman Blake, seconded by Councilman Gallagher, the following resolution was introduced. Resolution No. 1856, a resolution supporting the application of Swift Airelines for air service to San Luis Obispo. 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