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HomeMy WebLinkAbout03/03/1969City Council Minutes February 17, 1969 Page 10 25. At this time the City Council adjourned to executive session to discuss prop- erty acquisition involving potential litigation. 26. On motion of Councilman Gallagher, seconded by Councilman Miller, the meeting adjourned. APPROVED: March 3, 1969 . FITZ ATRICK, CITY CLERK MINUTES REGULAR MEETING OF THE CITY COUNCIL March 3, 1969 - 7:00 P.M. City Hall Invocation: Rev. Allen, Church of Christ Pledge 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; H. Johnson, City Attorney; R. D. Miller, Administrative Officer; D. F. Romero, City Engineer; E. Rodgers, Police Chief; L. Schlobohm, Fire .Chief; E. P. Thompson, Water-• Department Director. On motion-of Councilman - Miller, seconded by Councilman Gallagher,'the minutes of the meetings of February 3 and 17, 1969 were approved as presented. On motion of Councilman Gallagher, seconded by Councilman Blake, claims against the City for the month of March, 1969, were approved subject to the approval of the Administrative Officer. Motion carried. . 1. Jeff Jeffreys, representing Cal Poly Agricultural Engineering Club and Beverly Fincher, President of Cal Poly Home Economics Club, appeared before the City Council to present the City with a plaque commemorating the City's partici- patian in Operation.Handclasp 1968, which'sent tons.of.food, clothing and toys . to the people of South Vietnam through the 7th Engineering Battallion, United States Marine Corps. Mayor Whelchel thanked the Operation Handclasp representatives for the work-they did on the program. , 2. J. Ross;.President La.Fiesta 1969s appeared before the City Council asking. that the City Council set aside $3,500. as a back -up fund for the 1969 Fiesta and also to allow a.portion.of these funds to be used for current operations,-such as postage, stationery, etc. which would enable the 1969 Fiesta to get off the', ground. City Council Minutes March 3, 1969 Page 2 He stated that the Fiesta officers hoped that surplus.funds would be available each year from the prior.Fiesta to start the operation of subsequent celebrations, but this has been impossible:to date, and asked that the City Council, this year and in future years set aside a fund of $3,500 to back up the Fiesta. J. Ross stated that he felt if the City could let the Fiesta have $200 at this time it would pay for the needed postage and stationery. R. D. Miller, Administrative Officer, suggested that some type of financial records be submitted to the City so that an accounting of the funds spent could be justified. On motion of Councilman Gallagher, seconded by Councilman Miller, that the City grant $3,500 from the bed tax fund as a back -up fund for the Fiesta, starting with a $200 petty cash fund which would be replenished two times or up to $600. Motion carried. 2A. Report by R. D. Miller, Administrative Officer on the status of the bed tax reserve fund was ordered received and filed., Motion carried. 2B. Communication from the Park and Recreation Commission on the request of the Fiesta Association that they be allowed to use Mitchell Park for the carnival and concession part of the Fiesta Program. The Park and Recreation Commission stated that they would recommend agreeing to this request if the Fiesta Association would file a bond to guarantee the restoration and repair of any damages occurring in the setting up and removal.of rides, concessions, etc. at Mitchell Park. The Park and Recreation Commission also recommended that Osos Street between Pismo and Buchon be closed to traffic during carnival hours and that no parking be allowed around the perimeter of Mitchell Park on the curb adjacent to the park. Mayor Whelchel asked John Ross where the public would park if all the curb parking adjacent to Mitchell Park were prohibited during the Fiesta. ' J. Ross felt that existing parking lots such as the lots at Safeway, the French Hospital and other City lots could be used by people visiting the Fiesta grounds. Councilman Gallagher stated he felt that this.was a poor location for the carnival grounds due to the fact that Pismo and Buchon were one -way streets which are heavily travelled. Mayor Whelchel asked the Fiesta Officers if they had considered that -the neighbor- hood surrounding Mitchell Park,was a residential area and the people living in the area would object to the late night activities. J. Ross stated that the Association was aware of the problems in using Mitchell Park but that this was the best location available to them. He continued that their first choice was the I.D.E.S. Hall grounds and adjacent -ball park, but -that the Church refused the ball park for this year. Upon question, J. Ross stated that the recommendations of the Park and Recreation Commission had not been discussed with the concessionaire and that they would have to discuss this meeting with him. Mayor Whelchel, Councilman Gallagher and Councilman Spring stated that as of this time they would object to use of Mitchell Park for the Fiesta grounds and suggested that the Fiesta officers again contact the Church to see if the ball park could be used as it appeared to be historically appropriate for the Fiesta. - 3. Communication from Roger Brown, contractor, requesting permission to build over a City sewer easement crossing the building site at 1622 Palm Street. R. Brown continued that the area over the sewer easement would be used as a breezeway through the.building and that removable.walls would be erected so that maintenance would not be hampered if the City were required to service the sewer lines. City Council Minutes March 3, 1969 Page 3 D. F. Romero, City Engineer, explained that maintenance and replacement were greatly complicated by structures built over sewer lines. His recommendations was that the construction not be permitted. If construction is permitted, he recommended that the developer be. required to' execute'a documeat'agreeing tb pay all extraordinary maintenance costs due to the structure being built over the sewer line. H. Johnson, City Attorney, explained the problems involved in granting the request of Roger Brown. Once'the permit to construct over-the easement is granted, the builder will have lost interest in the matter and no doubt will be transfer- ring the property to another owner. Even if the purchaser does, through a title policy, receive notice of the agreement, he may approach some future Council with a request that the City not enforce the obligations. In any event, the granting of the request could be used as a precedent by others and the City would be accepting substitute performance with no direct benefit to the City. Councilman Gallagher suggested that R. Brown be asked to replace the existing sewer line with a cast lion pipe under the building which would probably never require maintenance, and to arrange to have the man hole raised in the parking.lot so that if the City needed to get into the sewer line they would not have to disturb the building. On motion of Councilman Blake,-secbnded by Councilman Spring,'that - the request of Roger Brown be granted, that the sewer line under the building be replaced with a cast iron pipe and farther that the'City enter into an agreement with the property owner stating that'the property owner would bear extraordinary costs in maintaining this line. Motion carried. Councilman Miller voting no. Councilman Miller stated he objected to'the granting of this request as he "felt it-is dangerous to allow a building to be built over an existing sewer line'and that this request would'set a precedent for future requests. Therefore he would vote against the motion. Councilman Blake stated he agreed with Councilman Miller's comments, except that in this instance he felt the City was protected and could still allow the property owner to develop over this sewer easement, 4. Communication from Donald Dwyer, requesting permission to connect his property, Lot 92, San'Luis Obispo Surburban Tract, to the City sewer line and further to allow him to pay the cost of the connection over a five -year period at 5% interest. He further stated that if this request were granted he would agree not••to protest annexation to the City at the time it was proposed. D. F. Romero, City Engineer, explained the problems of connecting property outside the City to the City sewer line. R. D. Miller, Administrative Officer, explained the policy used by the City of Salinas in allowing sewer hook -up to property lying outside the City. Permission was granted by the City for a subdivision to extend and connect to the City system with the City paying for some excess capacity. Residents would also pay a - service charge of $60 a year, roughly equivalent to city taxes, to be collected each month with their water bills sent out by a private water company. Councilman Gallagher stated that he felt it was now the City's policy that.there would be no hook -ups to the City sewer and water facilities prior to' annexation. Councilman Spring stated he had no objection to allowing the hook -up to the City sewer line but that the property owner must pay cash for the hook -up and that no financing be allowed. On motion of Councilman Suring, seconded by Councilman Miller, the request was approved subject to a payment in cash before hook -up with an agreement that the - property owner would not object. -to annexation. Motion carried. Councilman' Gallagher voting no. City Council Minutes March 3, 1969 Page 4 5. Communication from Stanley H. Nelson forwarding a proposal for widening Foothill Boulevard on the south side west of the Polin shopping center, subject to the following conditions. Purchase price for the City $22,158.50 less the cost of the installation of curb, gutter and sidewalk which is $4,182.00, leaving a net cost of $17,976.50 to the City, to be paid upon transfer of the property to the.City. H. Johnson, City Attorney, reported on the discussions with S. Nelson for the property acquisition which had been authorized by the Council in order to complete the widening on the west side of Foothill. The City Council then discussed the cost of this acquisition and whether property was needed at this -time to widen Foothill Boulevard due to the major cost involved. Councilman Blake stated he felt that the staff had proceeded on the authorization of the City Council in preparing the agreement for the property acquisition and felt that the City should accept the agreement and the property for the widening. Councilman Miller agreed, stating that the City Council had authorized the staff to proceed post haste with the agreement.and he.felt that the City should purchase the property now and get the work done. On motion of Councilman Blake, seconded by Councilman Gallagher, the City Council approved the agreement and authorized the Mayor to sign the agreement and proceed with the acquisition of the property. Motion carried. 6. Petition from 12 Cal Poly students and a petition from 20 residents of the county urging that the City Council support the formation of a-Better Business Bureau so that there would be some agency the consumer could see regarding unfair selling practices and advertising.practices. Councilman Blake reported that the City's Human Relations Commission has been ' making a study of the need for a Better Business.Bureau in the City.and felt that these two petitions should be referred to the Human Relations Commission for their report to the community. On motion of Councilman Blake seconded by Councilman Suring, the petitions were referred to the Human Relations Commission. 7. At this time the City Council discussed the possibility of annexation of the property on Orcutt Road east of Fernwood Drive to Johnson Avenue:. Councilman Miller stated that he had requested =,.this consideration as earth slipped down from property within the City onto a county road during the past heavy rains, and that the County_-Road Department.has been unable, due to more urgent work, to clear this area. D. F. Romero, City Engineer, stated that he had contacted the County Road Depart - ment-but-their- crews.and equipment were busy repairing roads which were more . urgently needed. , On motion of Councilman Miller, seconded by Councilman Gallagher, that the earth on the County portion of Orcutt Road be removed by City crews in-order to make. this a safer road until a future annexation brings this.area into the City. Motion carried. 8. Copy of communication from D. F. Romero, City Engineer, to Ernest Dalidio ' property..owner an the north side of the Lagina Lake drainage channel, notifying 1Mr. Dalidio that a row of eucalyptus trees on his property are a substantial hazard to residences along Oceanaire Drive and suggesting Mr. Dalidio have these trees topped-in order to eliminate a potential hazard. The matter was continued so that the:City Engineer could contact Mr. Dalidio regarding his feelings on this matter. 9. D. F.•Romero, City Engineer, presented a report to the City Council on the drainage trouble during the storm in January, 1969. City Council Minutes March 3, 1969 Page 5 The City Council then discussed with the City staff the possibility of the forma- tion of a flood control zone with the County in order to control flood conditions both in and out of the City in the drainage basin in the vicinity of San Luis Obispo. The matter of a flood control zone was continued to a meeting with Robert Born, County Hydraulic Engineer. J. Cheda, suggested-that the City Council should at this time establish the ' hydraulic controls for the City creeks such as San Luis Creek, Toro Creek, etc„ so-that the developers would know the criteria for proper control in the creek areas. The report by the City Engineer was ordered received and filed. 10. Communication from D. F. Romero, City Engineer, proposing a rewording in the Hydraulic Calculations section of the Uniform Design Criteria relating to storm drainage, based on experience during the past rainy season. He suggested a rewording of the section dealing with Hydraulic Calculations which would call for use of heavier design criteria in cases where overtaxing of facili- ties would result in serious problems. He-stated with this change the runoff factor would be more flexible with a heavier runoff being used for dense develop- ment upstream and•a lesser runoff factor for minimal development upstream. He also suggested that developers would be required to install debris and silt control devices where needed to prevent plugging of structures. The City Council discussed the recommended changes in the Uniform Design Criteria and on motion of Councilman Miller, seconded by Councilman Blake, the following_ resolution was introduced. Resolution No. 1920, a resolution modifying the Uniform Design Criteria. Passed and adopted on the following roll call vote: ' AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 11. Communication from D. F. Romero, City Engineer, reporting to the City Council that the recent rains have emphasized the.need for additional City control over drainage improvements within and adjacent to the'City of San Luis Obispo, and recommended that the following steps be taken. 1. The City should adopt some regulations to force property owners to refrain from storing materials in natural creek channels subject to flooding. A desirable procedure would permit the City to remove these materials and bill the property owner should the property owner fail to act after proper notice. 2. The City should enter into a Flood Control District to permit maintenance, at least to the extent of removal of trees 'and large debris, in creek channels up- stream-of the City limits. 3. The City should enact some control to prohibit fences, walls, landscaping, and other improvements from being built within or encroaching into natural creek channels. Again, machinery should be set up to permit the City to bill the property owner as it is necessary for the City to remove these improvements:- 4. The City should establish some means whereby it'could require property owners to meet City standards for drainage improvements privately installed in natural channels traversing their property. 5. The City should set up some means by which the City could step in and complete drainage improvements which have been only partially completed by property owners City Council Minutes March 3, 1969 Page 6 or developers, thereby creating -a hazard. This could apply particularly to sub- divisions where the machinery for acting against.the bonding company is extremely slow and cumbersome. H. Johnson, City Attorney, stated he felt that additional ordinances were not needed as he felt there was sufficient State law on the records to enforce the controls suggested by the City Engineer. The recommendations were referred to the City Attorney for study and report to the City Council. 9:15 P.M. Mayor Whelchel declared a recess. 9:25 P.M. the meeting recovened with all Councilmen present. X. Mayor Whelchel stated that the City Council, at the close of this evening's meeting would meet in executive session-to discuss acquisition of the South Street Park. He stated that a Council committee had met with the property owner and the committee wished to report to the full Council the area of difference.between the property owners price and the City appraisal. Mayor Whelchel continued that this discussion is necessary as substantial litigation may.be involved in this property acquisition. F. Molina, representing the Grass Roots Organization, urged the City Council to move as rapidly as possible to acquire the property for the South Street Park as the people living in this area are very anxious for this development. 22. Communication from the Joint Committee on Recreational Use of School District Property requesting that the City Council provide a special grant of $250 to fund a ten -week pilot program to keep the San Luis Obispo High School gymnasium open to the public for indoor recreation from 5:00 to 9:00:P.M. on Saturdays and from 1:00 to 5:60 P.M. on Sundays. ' The Committee felt that a 10 -week program starting March 8, 1969, would provide a greatly needed indoor recreation program within the community. Truman Bruce, representing the Committee:appeared before the City Council stating That the funds requested would be used to pay recreation leaders for the period requested for the opening of the gymnasium. The School District's contribution would be maintenance of the building, etc. On motion of Councilman Miller, seconded by Councilman Blake, that the City grant $250 for a ten -week pilot program to use the high school gymnasium as requested. Motion carried. 12. Communication from D..F. Romero, City Engineer, stating that during the recent storm his department was hampered.by lack of communication between the vehicles and the corporation yard. He recommended that the City Council esta- blish a Public Works radio network and equip the vehicles in the Public Works Department used during disasters or emergencies with two -way radio systems. He further asked that additional telephone lines be installed at the corporation yard to handle the calls during emergency periods. The request was referred to the City Council for consideration during the 1969 -70 budget deliberations. 13. Communication from D. F. Romero on the status of street widening, dated ' February 27; 1969 was ordered received and filed. 14. On motion of Councilman Gallagher, seconded by Councilman Blake, the follow- ing-ordinance was introduced for final passage.. Ordinance No.. 445, an ordinance amending the Subdivision Ordinance to require all utilities within future resi- dential or commercial subdivision to be installed underground. Finally passed on the following roll call vote: City Council Minutes March 3, 1969 Page 7 AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 15. On motion of Councilman Miller, seconded by Councilman Spring, the following ordinance was introduced for final passage. Ordinance No. 446, an ordinance amending the Zoning Ordinance to reduce the density requirements in the R -2 District. 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 16. On motion of Councilman Blake, seconded by Councilman Spring, the following resolution was introduced. Resolution No. 1918, a resolution authorizing popu- lation estimate-by the State Department of.Finance. 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 ' 17. Communication from the City of Long Beach forwarding a resolution of that City urging the City of San Luis Obispo to support Senate Bill No. 4, introduced in the 1969 session of the-State Legislature which would clarify the matter of State control over City functions. On motion of Councilman Blake, seconded by Councilman Gallagher, the following, resolution was introduced. Resolution No. 1921, a resolution supporting new legislation to clarify preemption issue. 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. 18. H. Johnson, City Attorney, presented to the City Council an agreement between the City, County and County School District.for furnishing certain services deal - ling with the City /School District election to be held on April 15, 1969: - H. Johnson continued that the changes which he recommended in the original agree- ment have now been made and he recommended that the City Council authorize the Mayor to sign the agreement as revised. On motion of Councilman Blake, seconded by Councilman Gallagher, the following resolution was introduced. Resolution No. 1919, a resolution approving the School District Election Services Agreement and authorizing the Mayor.to'execute same on behalf of the City. Passed and adopted on the following roll call vote: City Council Minutes March 3, 1969 Page 8 AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 19. On motion of Councilman Miller, seconded by Councilman Gallagher, the follow- ing resolution was introduced. Resolution No. 1917, a resolution providing for the holding of a general municipal election, establishing precincts and polling places and appointing election boards. 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 20. On motion of Councilman Blake, seconded by Councilman Spring, the following resolution was introduced. Resolution No. 1916, a resolution approving applica- tion of the provisions of Section 23 of the United States Housing Act of 1937, as amended, to the City of 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 21. On motion of Councilman Gallagher, seconded by Councilman Miller, the Mayor was authorized to accept and record on behalf of the City of San Luis Obispo, a Grant of Easement from Mildred S. Cox in the Mission Plaza Area. Motion carried. 23. Charles Delmartini appeared before the City Council requesting that the City Council rescind the action ordering the demolition of the building at 745 Francis Street as he has just repossessed the property and asked that the Council delay the demolition until he can present plans to the Building Department for remod- eloding to meet the City's codes. J. Kellerman, Chief Building Inspector, reported to the City Council that starting on March 3. 1967, Charles Delmartini, the listed property owner of this property had been notified of the violations to the Health, Safety and Building Codes and that to date he had made no attempt to repair the building to conform to these codes. He continued that the Building Department has taken action to have this building demolished and the property leveled. He stated that if the City Council wished to.grant Delmartini an extension of time to remodel the building he would suggest that cash or a chashier's check should be filed by Delmartini.to guarantee the completion of the building within a given time. He suggested that a cash guarantee of $5,000 and a time limit of three to six months be placed on the building. 1 He stated that the remodeling.project is a major restructure of the building in order to meet City codes. R. D. Young, Planning Director., reported that this building is a residential structure in an industrial zone and is therefore non - conforming and that the cost required to remodel the building to meet City codes would be equal to one -half the assessed evaluation. City Council Minutes March 3, 1969 Page 9 C. Delmartini stated that if the City Council requested a guarantee of from $3,000 to $5,000, he could not proceed with the work as the money he would use as a guarantee would be the money needed to remodel the building. He stated that if he did proceed with the project he would change the use of the building from residential to commercial as it would require less:cost to meet City codes. The matter was continued to March-17, 1969. , 24. The City Clerk then presented a communication announcing that the Mayor's and Councilman's Institute would be held April 14, 15, & 16 in Sacramento. 25. Councilman Blake brought to the Council's attention the matter of the two billboard signs that were "blown down during the February storm on Monterey at Grove. A permit had been issued by the Building Department to replace these signs with heavier structures. Councilman Blake stated he would like to register a protest to the re- erection of these signs and urged that a stop order be issued. R. D. Young, Planning Director, stated that Ryan Sign Company, owner of the bill- boards, stated that the billboards were assessed for $500 and it would cost $100 or less to re -erect the signs and on this basis the permit was issued. Several members of the City Council felt it would cost more than $100 to re -erect the signs. On motion of Councilman Blake, seconded by Councilman Miller, that a stop order be issued on the sign permit issued to Ryan Sign Company on the basis of dis- partity of figures on assessed value-and cost to re -erect the signs. Motion carried. 26. H. Johnson, City Attorney, brought to the Council's attention the matter of the amendment to the Richard Taylor contract for redesign of the:portion of Monterey Street recently: closed to be included in the overall Mission Plaza landscaping plan. H. Johnson explained to the Council that'Mr. Taylor had phoned to explain:.that the fee for the redesign of this section should be applied to the architect's fee of 8% of $45,000 for the total design rather. than 9% of $35,000 which is the cost of the new work: Mr. Johnson stated that he had brought the matter back to the Council at this time because the action previously taken by the Council had been based on the $35,000 figure because of the comment'by Mr. Young in his letter of transmittal to the Council. On motion of Councilman Gallagher, seconded•by Councilman Miller, that the archi- tect's fee would be 8% of the $35,000 for the new work. Motion-carried. 27. The City Council adjourned to executive session to discuss potential litiga- tion on property acquisition. 28. On motion of Councilman Gallagher,. seconded by Councilman Spring, the meeting adjourned. J FIT2PATRICK, CITY-CLERK APPROVED: