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: