Loading...
10/07/1968City Council Minutes September 30, 1968 Page 9 On motion of Councilman Miller, seconded by Councilman Spring, that the plans and specifications be approved, and the Engineer be authorized to call for bids. Motion carried. 17. Communication from the L. D. Van Over Construction Company requesting an extension of time for completion of the Chorro Street Sewer Project. On motion of Councilman Gallagher, seconded by Councilman Blake, the request was approved for extension of time to October 25, 1968. 18. R. D. Miller, Administrative Officer, reported to the City Council on the result of the joint meeting of the Police Departments in the County regarding CLETS .teletype system available to local police agencies. R. D. Miller continued that he felt as did the Police Chief, that this would be a good addition to the Police communication system as it would give instantaneous communication with Sacramento and other police agencies in the State and nation. He stated the estimated continuing cost would be approximately $100 per month. On motion of Councilman Gallagher, seconded by Councilman Spring, that the City is interested and will co- operate with this project. Motion carried. 19. R. D. Miller, Administrative Officer, announced the - appointment of Arthur Fennell as Utility Plant Operator I (Sewer) at a salary of $455 per month. 20.' City Council adjourned to executive session to discuss property litigation. 21. On motion of Councilman Gallagher, seconded by Councilman Blake, the meeting adjourned. 1 APPROVED: October 7, 1968 Roll Call H. FITZPATRI��� CITY CLERK MINUTES REGULAR MEETING OF THE CITY COUNCIL October 7, 1968 - 7:00 P.M. City Hall Present: Emmons Blake, Frank Gallagher, Arthur F. Spring Donald Q. Miller, Clell Whelchel City Staff Present: R. D. Young, Plannirig lifiector; J. H. Fitzpatrick, City Clerk; J. Stockton, Park and Recreation Rep- resentative; H. Johnson, City Attorney; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief; E. L. Rodgers, Police Chief. City Council Minutes October 7, 1968 Page 2 On motion of Councilman Miller, seconded-by Councilman Gallagher, the minutes of the meeting: of September 16, 1968 were approved as presented. On motion of Councilman Gallagher, seconded by Councilman. dller, claims against the City for the month of October 1968 were approved subject to-the approval of the Administrative Officer. Motion carried. --------------------------------------------------------------------------------- 1. Paul E. Lippold, Public Affirs Manger of the Allstate Insurance Company, presented a Distinguished-Fireman Award to Battalion Chief Jack N. Wainscott. This award was made by Allstate Insurance Company on the recommendation of the Fire Chief. Mayor Whelchel congratulated Battalion Chief Wainscott on behalf of the City Council and thanked Allstate Insurance Company for this award. Battalion Chief Wainscott thanked the City Council for the opportunity to serve them and the Allstate Insurance Company for this award. 2. Reverend McHarg from the Christian Church (Disciples of Christ) appeared before the City Council regarding the improvements to that portion of Cerro Romauldo Street behind the Church. Reverand McHarg continued that it was the Church's wish to grant the land necessary for the new street and asked that the City Council cooperate with the Church. The Church will rough grade the street and put in curb, gutter and sidewalks and drive- way ramps, and asked that the City cooperate by placing the base and paving, etc. Reverend W Harg explained that access to the parking lot could be achieved ' through the front of the property, and the main reason for this extension of Cerro Romauldo was for the City and the people of the City. D. F. Romero, City Engineer, stated there were no similar precedents for coop- eration between the City and the Church and that participation was decretionary with the Council. H. Johnson, City Attorney stated that the Church was willing to file a convenant assuring the City that no portion of the Church property on either side of the street would be sold. He indicated that the action previously taken by the City Council appeared to be based on the possibility that a portion of the property owned by the Church would be sold at a profit. Councilman Gallagher stated tie would rather see this matter continued for a week so that the Council could look into the proposal made by the Church. Councilman Miller stated he felt that this proposal was fair to the City and that he has looked at the property and recommends that the City proceed. Councilman Spring stated:.that he has also looked at the property and felt the Church was being fair and that the City should proceed in a cooperative agree- ment with the Church. Councilman Blake stated he felt the proposal. was: fair and further that he was a member of the Planning Commission and he made the suggestion that the street im- provements be a joint development between.the Church and the City. Mayor Whelchel felt the street was needed by the City and that the City should proceed with the proposal. D. F. Romero, City Engineer, estimated that the cost to the City for base and paving would be approximately $2,000 plus engineering and inspection. City Council Minutes October 7, 1968 Page 3 On motion of Councilman Miller, seconded by Councilman Spring, that the City enter into an agreement with the Church for the improvement of Cerro Romauldo Street, the Church to provide curb, gutter, sidewalks and driveway ramps, and the City to provide base and paving. Motion carried. On motion of Councilman Blake, seconded by Councilman Miller, the Mayor was authorized to accept and sign the grant deed for Cerro Romauldo Street. Motion carried. 3. Peter R. Andre, Attorney representing S. Martinelli, appeared before the City Council requesting an encroachment permit over City owned property for his client's property on Madonna Road adjacent to the Madonna Inn Access Road. In response to a question from Mr. Andre, the City Attorney confirmed that the only matter which the City Council could.hear at this time was the request for an encroachment permit. However, the City Attorney reviewed briefly the sequence of events which lead to this hearing and pointed out that the last action taken by the City Council was to deny such an encroachment permit and this was done at the same time that they heard the appeal by.the neighboring property owner, Mr. Madonna, from the action of the Planning Commission on the applicant's use permit. In affect, therefore, the prior action by the City Council reversed the decision of the Planning Commission on the use permit. Peter R. Andre stated that.he felt the City Council in prior hearings on this matter had not been given certain facts relevant to the development of a service station on this property. He.continued that this property abuts upon Madonna Road on one side and an un- named road on the other side which was apiece of property reverted to the City from the State when Madonna Road was improved at the freeway. He felt that the context of this property transaction was that this land was to be considered a.street and not private property of the City and on that basis ' the City has no right to withhold access to his client. He further stated his client was willing to spend approximately $15,000 to clear the land and also to construct culverts for drainage of.water through City owned property. He feels that these improvements would more than off set the value of the prop- erty as the City would some day be required to construct the culvert. Mr. Andre further stated that with the development of a service station on the property the leasee will develop the area and it would be an asses rather-than its present condition. H. Johnson, City Attorney, explained the implication of the deed from the State to the City as follows: The relinquishment by the State of California to the City did recite that the property was being transferred to the City of San Luis Obispo for street purposes. However, it should be noted that.drainage facilities and related public improve- ments or other parkway uses are as consistent with the purposes stated in such relinquishment as paved driveway or traveled way. The relinquishment document, in fact, specifically describes the parcels and.generally distinguishes between the then improved public street portion and the remaining portions of the real property being conveyed. ' Reference must also be made to the judgement of condemnation which governs the extents of the State's interest, to which the City succeeded, as well as sheds some light on the rights of abutting owners. The City Council, in my opinion, has broad discretion as to whether the use requested should . be approved and whether the proposed improvements should be installed at this time or not. Peter Andre stated he did not agree with the interpretation of the City Attorney. City Council Minutes October 7, 1968 Page 4 Councilman Gallagher stated that he was opposed too granting an encroachment permit aver City property as he felt that traffic problems at this intersection would be magnified and intensified due to the conflicts of turning movements on and off Madonna Inn Access Road and from the Martinelli property if the encroach- ment permit were granted. Councilman-Miller brought to Mr. Andre's attention the fact that Martinelli's agent John Ruden has appeared before the City Council first to ask if the-City would sell the property and if not would they abandon the property so that it ' could be developed for a Shell Oil Company service station and then presented a• plot plan that would allow two driveways on Madonna Road and one on the Madonna Inn Access Road. Councilman Miller stated he voted for this proposal which was denied by the Council. The second proposal made by Mr. Ruden was for two driveway ramps on Madonna Road and none on the access road. Councilman Miller stated he voted against this proposal because he felt the traffic generated would be disastrous. Councilman Gallagher stated that prior to any development on this parcel of land that the Martinelli property representatives were asked to present a detailed plan to show full development to include access to Madonna Road for traffic con- trol. He stated he has repeatedly asked for this plan. Councilman Blake stated that he was and still is opposed-to any access'or egress to the access road to Madonna Inn from the Martinelli property due to the daner- ous traffic conflicts that would be generated by the various traffic movements. He further stated he would again vote in good faith against access to the Madonna Inn Access Road. Councilman Spring stated that he is opposed to access or egress from the Martinelli property to the Madonna Inn Access Road for traffic consideration, also he feels that the various traffic movements would only add to the traffic problem at this time. He also feels that the site was too small for a service station but he stated he would be willing to consider a properly designed access ramp from Madonna Road. Peter Andre then read a portion of the Resolution of the State of California relinquishing the property to the City of San Luis Obispo. Mayor Whelchel stated that he would support.this proposal of Shell Oil Company for access to the Madonna Inn Access Road if the traffic could be controlled so that cars leaving the Shell Oil Company service station would be unable to turn. left toward the Madonna Inn, but only right to Madonna Road. He felt that left -hand turning movements on this small access road would be un- tolerable. He further stated that with left -hand turning movements restricted he would have no objections to this lay -out plan. Peter Andre then asked the City Council for a concensus of their feelings on the use of City property next to the service station. Councilman Gallagher stated he felt the key objection was the traffic conditions that would be generated on this access road. Councilman Spring stated was opposed to the service station on the access road due to the traffic consideration of this property. Councilman Blake stated he was opposed to this proposal to use access over City owned property to the Madonna Inn Access Road as he feels that'the traffic volume produced by this service station would be dangerously increased on Madonna Road. D.F. Romero, City Engineer, explained the traffic control he is planning for installation of traffic signals on Madonna Road at the Madonna Inn Access Road and freeway ramp. City Council Minutes October 7, 1968 Page 5 He felt that when these signals were installed they would help the traffic situ& tion on Madonna Road. Peter Andre then offered to hold up the opening of the service station until these signals were installed as it appears this would take care of any traffic problems generated at this intersection. He then asked the City Council to grant the encroachment permit to his client. A. Madonna stated that his Attorney, H. Murphy, was out of town and could not appear on his behalf at this hearing, but he would like to make his feelings known to the City Council. He stated that he objected to the City granting an encroachment permit aver City owned property to allow motorists from the Shell Oil Station to come to his access road as he feels the traffic conflicts this would cause would be impossible. He continued that traffic on this access road during 8 or 9 months of the year, entering and leaving the property causes a back up due to the heavy traffic on Madonna Road. He then explained briefly the history of the access road to his property which was caused by the Division of Highways taking the original access from the then French Road and moving the access road to its present location. He felt that this has been a detriment to his development. Further he stated that the Council should remember that behind the Inn there are 300 acres that he is planning for development, which would mean additional traffic on this access road. A. Madonna also stated that if the City Council wished this small triangle of property landscaped, he would landscape the property and install sprinkler systems in order to maintain it, all at no cost to the City. H. Johnson, City Attorney, explained to the City Council what he felt was granted to the City by the State when the land was reverted to the City. While the stated purpose of the relinquishment was for street purposes, this merely indicates that the State intended to turn the property over to the City for the same purposes for which it acquired the property. This does not prevent the City from devoting the property to other consistent public uses, provided the City Council has deter- mined that it is not presently required for paved public street uses. The decision not xo abandon the property previously reached by the City Council was, in effect, merely a determination that there were still some public uses which made it pre- ferable-to have the City retain title, such as drainage or the like. It didn't obli- gate the City to permit the adjoining property owner to have access across•the parcel to the frontage road. A. Madonna suggested that the City Council ask for accurate sketches showing the exact size of the property being considered to be given to Mr. Martinelli. Peter Andre, Attorney, stated that if all the reasoning by the City Council of • the terrible traffic conditions on Madonna Road were true, then someone was dere- lict in their duty in not anticipating proper control of traffic in this area. On motion of Councilman Gallagher, seconded by Councilman Spring that the request for an encroachment permit for S. Martinelli be denied. Motion carried on the following roll call vote: ' AYES: Frank Gallagher, Arthur F. Spring, Emmons Blake NOES: Donald Q. Miller, Clell W. Whelchel ABSENT: None City Council Minutes October 7, 1968 Page 6 4. At this time the City Council held a public hearing on the appeal of Marshall Reynolds from a denial by the Planning Commission of a requested use permit to allow male and female student housing at 415 North Chorro Street,in an R -3 zone. R. D. Young, Planning Director, presented the following reasons for denial of the requested use permit by the City Planning Commission. (1) On July 11, 1967, the Planning Commission approved a use permit to allow student housing on subject property subject to occupancy being limited to sixty female students. (2) On October 3, 1967, a request to be allowed to rent to both male and female students was denied by the Commission on the basis that such occupancy would be detrimental to adjacent single family properties. (3) The applicant is again requesting that he be permitted to rent to both male and female students. It is his opinion that such occupancy would not be detrimental to the surrounding neighborhood if the development were properly managed. He also pointed out that there are other student housing units in the vicinity which have mixed occupancy. (4) Owners of five single family lots continguous to the west spoke in opposi- tion to the requested use permit. It was their opinion that mixed occupancy would cause additional noise and traffic in the neighborhood which would be detrimental to their single family environment. (5) The Commission, after listening to the testimony presented, concluded that there is a substantial difference between female occupancy and mixed occu- pancy as it relates to noise and traffic. It was their opinion.sthat ap- proval of the use permit would be detrimental to adjoining family development. Mayor Whelchel declared the public hearing open. L. Somogyi, Attorney representing M. Reynolds, appeared before the City Council requesting that they issue a use permit to M.•Reynolds, to allow occupancy for both sexes at 415 N. Chorro Street. He briefly explained the history of the use permit proposed by M. Reynolds at this address: He said that M. Reynolds had received a use permit for male student housing in the past but the permit was allowed to lapse due to problems outside the use permit. L. Somogyi stated that Mr. Reynolds then applied for a use permit for student housing for female students but due to other conditions he now wished to allow both male and female students. L. Somogyi did not feel there was any legal basis for limiting occupancy of the development by sex.- He then presented a map showing the uses in the immediate area which are for multiple development except for a small island of single family development which is directly behind the Reynolds development. He further stated that Marshall Reynolds could guarantee that the housing would be kept under control and that it would not be any annoyance to the adjoining property owners. Mr. Garrett, Manager of College West,-stated that since College West has converted to mixed sex occupancy it has been quieter and much better controlled and he feels that mixed occupancy in the Reynolds development would be better than small male development. 1 1 1 City Council Minutes October 7, 1968 Page 7 M. Graham, 183 Hathway Avenue, explained that the 'apartment development directly behind him has been no particular annoyance to him and his neighbors. He feels that a well managed development is a good one and is an asset to the community. He continued that when the development of these apartments was first proposed, he and his neighbors immediately went into a panic but after the development was completed they found that they were good neighbors and he felt that Mr. Reynolds' development would be a good one. Mrs. Danneberg, 447 N. Chorro, stated that as a neighbor she felt they were well controlled and she had no objection to the mixed occupancy of the property. Mr. Trussler stated that he has agreed to help supervise and control the activi- ties in the Reynolds' housing development oa a part time on -call basis. Don Niento, student, formerly a resident of the Reynolds' development on Chorro Street but who was asked to leave due to the conditions of the use permit, stated that decent student housing is almost unavailable in the community and asked the City Council to allow the change in the use permit as he would like to live in the development on Chorro Street owned by Marshall Reynolds. J. Duenew, Attorney representing J. Rogan, J. Scurri, F. Reed and A. Starkie, neighboring owners of R -1 property, appeared before the City Council requesting that the Council support the action of the-Planning Commission and deny the change in use permit. He continued that the Reynolds development was directly behind his client's property and the two -story buildings overlook their yards and homes. He con- tinued that young people being what they are, that this development is quite noisy and loud at all hours of the day and night and are intolerable to the families living in the area. Further, they have had to call the police on several occasions to come to the Reynolds' development. He continued that during the summertime when the Reynolds' development had un- authorized mixed occupancy they had problems with trash being thrown off the balconies and over the fences into his clients' back yards. Also the noise increased due to stereos, parties, and the extra traffic on the street. These conditions made it impossible to get a good night's sleep for the families next door. J. Scurri, property owner, appeared before the Council urging that they not allow a change in use permit for the Reynolds' development. F. Reed objected to the change in use permit and urged the City Council to sup- port the Planning Commission in limiting the development to female students. Al Starkie objected to the change in use permit due to increased traffic and noise and the annoyance to the neighbors. I. Rogan, 242 Ferrini Road, objected to allowing a change in the use permit to Marshall Reynolds. He continued that the traffic and noise in the neighborhood was becoming intolerable for family living. He stated that mixed occupancy causes more noise than with just female occupancy. Mr. Rogan wished the Council to be informed of the fact that when Mr. Reynolds first approached:.-the neighbors with a proposal for family housing, the property owners cooperated with him, and when he changed his mind and wished to develop student housing for female students they also agreed to cooperate with him. But Mr. Rogan felt that this request was just too mach for the neighbors to take to allow mixed student housing. Mr. Bellefeuille, 226 Ferrini Road, objected to plans to develop mixed student housing at 415 N. Chorro. City Council Minutes October 7, 1968 Page 8 Mr. Garrett, College West, stated that he tried to run a good operation.and felt that mixed housing was easy to operate and better controlled. L. Somogyi, Attorney, wished to remind the City Council that the R -1 area in which the property lies is practically surrounded by R -3 zoning and developed to multi- ple use which allows student housing. He continued that sometime in the past the City has zoned the property to R -3 and the property owners should be allowed to make any allowable use of the property. Marshall Reynolds appeared before the City Council on behalf of his requested use permit to allow mixed occupancy at 415 N. Chorro Street. J. Evans, City Planning Commissioner, stated that he felt the Planning Commission was correct to deny the use permit for mixed students on the-Marshall Reynolds complex as he felt that the mixed occupancy was wrong for the general area and the adjacent family environments. Mayor Whelchel declared the public hearing closed. Councilman Gallagher felt that the use permit should stay as presently issued for female occupancy. Councilman Blake disagreed with limiting occupancy to female students due to the dire need of housing for male students. Further he felt that the City has en- couraged student housing for Cal Poly and now the Council is.being asked to limit occupancy. Councilman Spring stated he felt that the use permit should stay as issued limit- ing occupancy to female students. Councilman Miller presented a compromise in granting a permit to the rear six units to be limited to female students and mixed occupancy in the front four units along Chorro. Councilman Blake stated he felt that he could go along with the compromise sug- gested by Councilman Miller. On motion of Councilman Miller, seconded by Councilman Blake that the use permit be granted.as per compromise. Motion was lost on the following roll call vote: AYES: Emmons Blake, Donald Q. Miller NOES: Frank Gallagher, Arthur F. Spring, Clell W. Whelchel ABSENT: None Mayor Whelchel stated he felt that the area was in a state of transition of use to higher density, and the buildings built show this trend, but he also feels that R -1 Property owners should be considered in making this decision. On motion of Councilman Miller, seconded by Councilman Gallagher, that the appeal of Marshall Reynolds be denied. Motion carried. 5. At this time the City Council held a public hearing on complaints of work accomplished under the 1968 Weed Abatement Program. The City Clerk reported that no written complaints concerning the 1968 Weed Abatement Program has been received. Mayor Whelchel declared the public hearing open. No one appeared before the City Council. Mayor Whelchel declared the public hearing closed. City Council Minutes October 7, 1968 Page 9 6. Mayor Whelchel brought to the attention of the City Council the matter of . restricted parking on the street adjacent to the Tropicana Student Housing on Broad Street. He stated that property owners living in the area were finding it inconvenient to move their cars every two hours in order to comply with parking restrictions. Further, he feels that the students at Tropicana are cooperating by parking their cars in the parking lot. He suggested that the City Council look into the matter and see if some relief could be given to the property owners. A public hearing was set for November 4, 1968. The City Clerk was instructed to notify all property owners to attend the meeting. 7. The request was withdrawn by the petitioner, Mrs. Patricia Eilers. 8. Communication from Ward C. McBrayer, dba Yellow Cab Company requesting that the City Council Authorize an increase in rates for the taxi company within the City. On motion of Councilman Miller, seconded by Councilman Gallagher, the matter was referred to the City Council Taxi Committee (Mayor Whelchel, Councilman Spring) for investigation and report of recommendation at the next Council meeting. 9. Communication from Olson Brothers Egg Company, 1010 Orcutt Road, requesting that the driveway ramp on their property be extended due to the widening of Orcutt Road, because the heavy trucks entering and leaving their lot need the extra space. D. F. Romero, City Engineer, reported that he had no objection to widening the driveway ramp but that he had no authority to grant this request as it was up to the City Council. On motion of Councilman Blake, seconded by Councilman Spring, that the request be approved for a 60 foot driveway, and the City Engineer be authorized to amend the plans and specifications for the additional improvement. Motion carried. 10. On motion of Councilman Blake, seconded by Councilman Gallagher, the follow- ing ordinance was introduced for final passage. Ordinance No. 423, an Ordinance regulating the erection, construction, enlargement, alteration, repair, moving, removal,:conversion, demolition, occupancy, equipment, use,height, area, sanita- tion, 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 therefor, declaring fire districts, providing penalties for the violation thereof, and repealing all Ordinances and parts of Ordinances in con- flict therewith. Finally passed 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 considered the introduction of Ordinance No. 427, an Ordinance extending the.period of eligibility for sewer and water. refunds from ten years to fifteen years. The matter was continued. City Council Minutes October 7, 1968 Page 10 12. Communication from the Housing Authority of the City of San Luis Obispo asking that the City grant a temporary loan of $2,000 so that a part -time clerk could be hired to handle the business of the authority. This loan would be paid back to the City when the grant is received from HUD. On motion of Councilman Miller, seconded by Councilman Blake, the request was granted. Motion carried. 13. On motion of Councilman Gallagher, seconded by Councilman Spring, the fol- lowing Resolution was introduced. Resolution No. 1857, a Resolution of inten- tion to annex territory known as the "Faulstich Annexation° to the City of San Luis Obispo. Passed and adopted on the following roll call vote: AYES: Emmon Blake, Frank Gallagher, Arthur F. Spring Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 14. R. D. Young, Planning Director, presented a report to the City Council re- garding the appointment of a Citizens Advisory Committee for the Workable Program for Community Improvement. The appointment of this committee is required in order to qualify for assistance from HUD for the City's low rent housing program. The Committee is limited to gathering information and keeping civic groups gen- erally informed of the Workable Program for Community Improvement, assisting in the coordination of various community improvement activities, assisting official agencies in public relations, lending support to and seeking support for desirable programs and projects, reviewing the community's programs in the overall Program objectives. He continued that the committee may make recommendations to the legislative body on such matters as minority group housing, neighborhood improvement participation, codes adoption and enforcement, capital improvements, downtown improvement, in- dustrial-development, etc. He continued that while there is no limit on the number of members on the com- mittee it should be large enough to be representative but small enough to operate efficiently. He suggested that the terms be established with one third of the' membership expiring each year. He then offered a list of persons who have been contacted and that are willing to serve on the committee. Mr. Jim Bean Mrs. Maxine Lewis Mr. John Ross Mrs. Reg Streeter Mrs. Dennis Wheeler Mr. Mike Yankton Mrs. Dorothy Foster Mr. Phillip Lamar 1737 Oceanaire Drive 2903 Broad Street 1148 Marsh Street 1244 Drake Circle 396 Buckley Road 3177 Flora Street 3412 Higuera Street 1743 Pinecove Drive Mr. Ed Rodgers P. 0. Box 636 I 1 City Council Minutes October 7, 1968 Page 11 Mr. Allan Johnson Mr. Luther Taylor Mr. Rex Bowlby 151 Orange Drive 171 Brook Street 1386 Balboa Street Mr. Marvin S. Willard 265 Kentucky Avenue On motion of Councilman Gallagher, seconded by Councilman Blake, that the Citizens Advisory Committee for the Workable Program for Community Improvement be appointed with members as listed. The first meeting to be held on October 28,,1968, terms to be drawn by lot. 15. City Clerk reported that no bids were received for hauling away and disposing of abandoned automobiles in the City as advertised. The matter was referred to the City Attorney and the Chief of Police for further action. 16. The matter of plans and specifications for Santa Rosa Street Widening was continued to October 21, 1968 at the request of the City Engineer. 17. D. F. Romero, City Engineer, presented for the Council's consideration the plans and specifications for the Orcutt Road Widening east of Laurel Lane. He then explained the scope of the work to be done and estimated the cost 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 call for bids. Motion carried. 18. Memorandum from R. D. Young, Planning Director, regarding the City owned ' property located on Howard Street adjacent to Freeway 101. The property is zoned R -4 and has an area of 5,481 sq. ft. The property, because of its size and tri- angular shape would be more difficult to develop than a typical residential lot. However it.was his opinion that the property has a value as.a residential building. site and suggested that the property be sold. The matter was referred to the Planning Commission for recommendations for selling the property. 19. On motion of Councilman Blake, seconded by Councilman Gallagher, the.fol- lowing contract payments were approved and ordered paid on October 11, 1968. Motion carried. West Coast Construction Co. Est. #5 $ 2,203.74 Waterline Improvements (1007. complete) City Plan No. 19 -67 West Coast Construction Co. Est. #6 (Final) 5,213.33 Waterline Improvements (1007. complete) City Plan No. 19 -67 West Coast Construction Co. Est. #4 11196.28 Waterline Improvements (1007. complete) City Plan No. 18 -68 ' West Coast Construction Co.. Est. #5 (Final) 5,369.46 Waterline Improvements (1007; :complete) City Plan No. 18 -68 Hi -Way Contractors Est. #3 29496.38 Storm Drain Improvements (1007. complete) City Plan No. 21 -68 City Council Minutes October 7, 1968 Page 12 Hi -Way Contractors Est. #4 12053.50 Storm Drain Improvements (1001% complete) City Plan No. 21 -68 C. S. Construction Est. #1 521:00 Johnson Avenue Widening (47. complete) City Plan No. 4 -69 McKnight Construction Co. Est. #4 72727.85 ' Waterline Improvements (86% complete) City Plan No.-2 -68 J. A. O'Kelley & Son Est. #3 6,501.51 Foothill Blvd. Widening (977. complete) City Plan No. 12 -68 L. D. Van Over Construction Co. Est. #2 12,048.67 Chorro Street Sewer Line (65% complete) City Plan No. 17 -68 J. A. O'Kelley & Son Est. #1 42174.88 Madonna Road Widening (1007. complete) City Plan No. 5 -69 J. A. O'Kelley & Son Est. #2 (Final) 463.87 Madonna Road Widening (1007. complete) City Plan No. 5 -69 - C. S. Construction Co. Est. #4 79876.08 Municipal Parking Lot #11 (927. complete) City Plan No. 15 -68 W. G. Shelton Est. #1 62341.73 Chorro Street Sidewalk - (897. complete) City Plan No. 2 -69 C. S. Construction Co. Est. #1 132698.33 Street Resurfacing Project (55% complete) City Plan No. 3 -69 20. On motion of Councilman Miller, seconded by Councilman Gallagher, the fol- lowing contract payment was approved and ordered paid October 11, 1968. Motion carried. Maino Construction Company Police Facility Certificate #1 $10,035.00 21. R. D. Miller, Administrative Officer, announced the appointment of Walter E. DeBorde as Building Inspector with the recommendation that-he start at Step 3 or $652 per month effective October 16, 1968, with a one -year proba- tionary period. On motion of Councilman Blake, seconded by Councilman Miller, the recommendation of the Administrative Officer was approved. Motion carried. 22. Communication from K. C. Doss, 195 Cuesta Drive, requesting that they be allowed to pay the sidewalk assessment at 195 Cuesta Drive over a three -year period. The reason they did not appear at the September 16, 1968 meeting was that they did not receive a notice in sufficient time. - On motion of Councilman Gallagher, seconded by Councilman Spring, the following Resolution was introduced. Resolution No. 1865, a Resolution authorizing three year payment on sidewalk assessment. 9 City Council Minutes October 7, 1968 Page 13 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 23. R. D. Miller, Administrative Officer, requested that the following promotions in the Police Department be approved. Sgt. Charles Baldwin to Lieutenant, effective October 16, 1968 at Step 4 or $835 per month for one year and that he be considered for the 5th step at the end of that period. Officer Larry Lunsford to Sergeant effective October 16, 1968 at Step 4 or $750 per month for one year and that he be-considered for the 5th step at that time. Sgt. Ward Jayne be transferred to the Detective Division as Commander and receive pay differential effective October 16, 1968. On motion of Councilman Gallagher, seconded by Councilman Miller, the promotions were approved at salary steps recommended. Motion carried. 24. Communication from C. Kirkeby, 33 Chorro Street, regarding the sidewalk being placed in front of his residence. D. F. Romero, City Engineer, explained that the Kirkeby property was at the extreme north end of the project where the current improvement was connecting into existing curb, gutter and sidewalk, and that City forces had been unsuccessful in attempts to contact Mr. Kirkeby. He explained that Mr. Kirkeby wishes to construct an addition to his sidewalk which would not meet City standards and therefore could not be approved. The matter was continued to October 21, 1968. 25. Request from the Out Reach Neighborhood Program of the Economic Opportunity Commission requesting cooperation from the City in the use of City - facilities. This is a program designed to reach poor people outside the general area to ex- plain to them the various programs set up to aid them. The help that is being requested is permission to use City facilities such as the Council Chambers to hold meetings with these persons. On motion of Councilman Miller, seconded by Councilman Gallagher, the request was approved, pending the availability of City facilities. 26. D. F. Romero, City Engineer, reported that owners of the golf course had previously pumped water from Laguna Lake but had recently stopped, and that the primary pumping had occurred on the DeVaul property near the north end. The matter was referred to the City Attorney to see what legal rights were in- volved in pumping water from Laguna Lake. 27. On motion of Councilman Gallagher, seconded by Councilman Miller, the meeting adjourned. APPROVED: November 4, 1968 H. FITZPATRICK CITY CLERK