HomeMy WebLinkAbout03/17/1969City Council Minutes
March 17, 1969
Page 1
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
March 17, 1969 - 7:00 P.M.
City Hall
Invocation: Rev. Dale V. Knowles, Church of Christ
Pledge
Roll Call
City Staff
Present: Emmons Blake, Frank Gallagher, Arthur F. Spring,
Donald Q. Miller, Clell W. Whelchel
Present: R. D. Young, Planning Director; J. H. Fitzpatrick,
City Clerk; J. Stockton, Park and Recreation Supervisor;
R. D. Miller, Administrative Officer; D. F. Romero, City
Engineer; D. E. Englert, Police Captain; L. Schlobohm,
Fire Chief;.Miss Patricia J. Clark, City Librarian.
On motion of Councilman Gallagher, seconded by Councilman Miller, claims
against the City for the month of March, 1969, were approved and ordered paid
subject to the approval of the Administrative Officer. Motion carried.
1. Communication from the Department of Public Health, County of San Luis
Obispo, forwarding a petition signed by property owners on Edna Road requesting
annexation to the City in order to be provided with the services of the City's
sewerage system. The petition was signed by 12 property owners requesting
annexation to the City.
The City Clerk reported that a door to door canvass of the area proposed for
annexation revealed that the area contains 12 registered voters as of March 17,
1969.
The City Council discussed the advisibility of proceeding with the proposed
annexation or whether a larger area should be considered as an election must
be held. Also the Council considered reducing the area to avoid going to the
necessity of holding an election.
The matter was continued to the next Council meeting for recommendation by the
City Attorney.
2. Communication from Ryan Outdoor Advertising, Inc., requesting a hearing
before the City Council appealing the revocation of the building permit for
re- erection of the billboard sign at 1603 Monterey Street.
J. K. Odum, Division Manager of Ryan Advertising, appeared before the City
Council stating that their sign was destroyed by wind and weather and they hoped
that the City would allow them to rebuild the sign at least until the July, 1972,
date when it must come down as it is a non - conforming structure in that zone.
He stated that the estimated cost to rebuild the sign would be $313.50 and that
the sign would be removed in 1972 without any loss in value.
He continued that even though the sign would be improved, the rebuilding of the
sign would not lengthen the ammortization period,-and the signs would be removed
in 1972.
J. L. Kellerman, Chief Building Inspector, stated that it was his opinion that
the sign could not be repaired without general reconstruction. He questioned the
figures presented by Mr. Odum and stated that he felt the estimated cost was far
too low. He felt it would cost at least $900 to rebuild the subject sign.
City Council Minutes
March 17, 1969
Page 2
Councilman Gallagher stated that if the sign can be rebuilt without increasing
its life and within the estimate presented by Mr. Odum, then he would go along
with the rebuilding of the sign.
Mayor Whelchel stated that he agreed with Councilman Gallagher's statement, and
as the sign was knocked down by the wind and a time limit of July, 1972, has been
placed on the sign, he would go along with the reconstruction as requested.
Councilman Miller stated that he was opposed to granting the permit to recon-
struct these signs as he was opposed to outdoor advertising signs in principle
and felt that when nature destroyed one, they should not allow it to be rebuilt.
Councilman Blake agreed with Councilman Miller's statement, but felt that in
this instance as the sign had been knocked.down by the weather, and. as the date
of July, 1972, was controlling, he would go along with the reconstruction.
On motion of Councilman Spring, seconded by Councilman Gallagher, that Ryan
Outdoor Advertising, Inc. be allowed to reconstruct the sign if it can be done
within the cost estimate presented and with the approval of the Building
Department. Motion carried, Councilman Miller voting no.
3. Communication from Patricia J. Clark, City Librarian, requesting permission
to authorize the issuance of a purchase order for the remodeling of the second
floor area of the City Library for the children's area.
Miss Clark stated that funds had been approved in the 1968 -69 budget, and that
she had received two informal quotes to accomplish the work.and asked permission
to proceed.
R. D. Miller, Administrative_ Officer, stated that he had reviewed the work with
Miss Clark and ... also the two informal quotes and recommended that the City Council
allow Miss Clark to proceed.
On motion of Councilman Miller, seconded by Councilman Gallagher, the request
was approved and the remodeling work was authorized.
4. John Ross, President, La Fiesta 1969, appeared before the City Council on
behalf of the request of the Fiesta Association•to use Mitchell Park for the
carnival and concession portion of the 1969 Fiesta. He continued that after
reviewing the conditions set by the Park and Recreation Commission for use of
Mitchell Park with the Fiesta Association, the Association felt that they could
meet the requirements and had no objections to providing the necessary bonds
and deposits.
He stated that the Fiesta Association felt that Mitchell Park was the best loca-
tion for the carnival and concession portion of the Fiesta and further, they
felt that Mitchell Park was properly located for this community celebration.
J. Ross presented a sketch.showing that Mitchell Park was within a reasonable.
walking distance of the nearest parking lots, both public and private.
He continued that the Association had looked at other locations such as Santa
Rosa Park, etc., but felt that they would like to keep the celebration closer.
to downtown.
Mayor Whelchel stated that he was still opposed to the use of Mitchell Park for
the Fiesta due to the traffic problems it would generate and to the noise in
the area which is a residential area, and felt that it would be an imposition
on the people living there. .
He continued that he would continue to urge the Fiesta Association to use the
area in the vicinity of the I.D.E.S. Hall and further that he would support the
City closing Peach Street and opening Mill Street for use of the Fiesta.
Councilman Gallagher stated that he too objected to the use of Mitchell Park for
the carnival portion of the Fiesta due to the.residential nature of the neigh-
borhood, the one -way streets in the area, and the fact that no parking would be
available in the general vicinity.
CityzCbuncil Minutes
March 17, 1969
Page 3
Councilman Spring stated that he too object to the use of Mitchell Park for the
carnival.portion of the Fiesta, but felt that he could support the use of Santa
Rosa Park if the Fiesta Association so desired.
Councilman Blake stated that he had hoped.that the Fiesta Association would
continue to operate in the vicinity of the Mission which was the focal point
of the community. He continued that this was one reason that Monterey Street
had been closed, so that this area could be used,for community celebrations.
He had hoped that the Fiesta Association would continue to look with favor
on the idea.of holding the Fiesta in this area. He continued that the City
would cooperate by closing additional portions of Broad and Monterey.
J. Ross stated that if the City would close Peach Street and open Mill Street
in the vicinity of the I.D.E.S. Hall area, then he felt the area would be sat-
isfactory for the Fiesta.
He continued that it was his understanding.that the Council's feeling is that
the Fiesta use the area in the I.D.E.S. Hall vicinity, with the City to close
Peach and open Mill Street for the Fiesta.
He thanked the City Council for their consideration and stated he would try to
work within their suggestions.
5. Charles Delmartini appeared before the City Council stating that he had
presented to the Building Department, this date, the plans for the remodeling
of the building at 745 Francis.Street, which he proposed to develop into com-
mercial or warehousing use, and as soon as the plans were approved by the
Building Department, he felt that 30 days would be all that was needed to
complete the project.
J. L. Kellerman, Chief Building Inspector, stated he had approved the plans as
submitted but suggested that a 90 -day period be given to C. Delmartini to com-
plete the building and further recommended C. Delmartini be required to file a
bond of $1,000 guaranteeing that the remodeling would be completed.
C..Delmartini stated that he agreed with the conditions set by the Building
Department, if he could get a bond; but if he had to put up a cash deposit,
he would be unable to.remodel the building.
On motion of Councilman Gallagher, seconded by Councilman Spring, that C.
Delmartini be allowed to remodel the building at 745 Francis Street, that he
be given 90 days to complete the job „ and that he file a $1,000 bond to guar-
antee the completion of the project.
6. Dick Paget, Senior Class President, San Luis Obispo High School, brought
to the Council's attention the fact that Brook Street (formerly Eto Street)
had been in the City since 1931 when the Nippon Tract was subdivided, but in
all those years, the street had not been improved or paved by the City. He
continued that there are 17 homes facing the street, and he hoped the City
would do something to help this area so the residents could help themselves.
He continued that as President of the Senior Class, he would pledge the labor
of the students of the Senior Class to improve this street. He also stated
that the class had taken on the improvement of this street as a class project.
Prince Lewis, high school student and resident of Brook Street, asked the
City Council to also consider improving Brook Street Park, so that it could be
an asset to the City and to the neighborhood. He stated that at present-the
park is in disrepair and is not used due to its condition. He asked that the
Council consider installing a sand box, a drinking fountain, picnic tables, a
barbeque pit and garbage cans. He also asked that the kiddie apparatus be
repaired for the children in the neighborhood.
City Council Minutes
March 17, 1969
Page 4
Kandra Owens, high school student and resident of Brook Street, hoped that the
City Council would see their way to helping this area by paving Brook Street
in order to eliminate the dust in the summer and-the mud in the winter.
Further, she stated that the City once a year oiled the street, and then the
residents track the oil from the street into their homes. She also stated
that spreading of the oil on Brook Street makes it necessary for the residents
of Brook Street to have their cars painted more often because the oil sticks
to the cars.
Kathy Gallagher, high school student, offered the help of the student body to
help pave and improve Brook Street and to improve Brook Street Park.
D. F. Romero, City Engineer, explained that Brook Street was an unimproved
street and was maintained in that condition by the City. He continued that
the street was graded and oiled once a year. . . . .
He stated that if the street is paved, that curb and gutter should be installed
in order to complete the improvement.
Councilman Blake.stated that he did not feel that Brook Street was wide enough
To have both paving and sidewalks on both sides of the street, but he felt
that curb and gutter should be installed to protect the paving.
He also stated that due to the level of the Division of Highways parking lot,
both South and Brook Street are flooded in heavy rains as the parking lot
blocks drainage. He felt that the City in cooperation with the students of
the high school should proceed with this project.
Councilman Spring suggested that if the City is to pave Brook Street, then the
City should also pave South Street from Higuera to Brook Street.
D. F. Romero, City Engineer, reminded the City Council that several years ago
his department had prepared a map and diagram to fully improve South Street
from Higuera to Brook with curb, gutter and sidewalks and paving but that the
property owners had not been willing to pay for these improvements. .
Dick Paget, Senior Class President, told the City Council that the student
body would try to raise the money to put in�'the curb and gutter on Brook
Street if the City would pave and grade the street. He continued that he felt
it was evident that something must be done to improve this area.
On motion of Councilman Miller, seconded by Councilman Blake, that the City
Engineer be authorized to proceed with the preparation of a cost estimate for
paving the street and installation of curb,-gutter and sidewalks for Brook
Street and South Street from Higuera to Brook, with an estimated cost for each
property owner.
Lane Wilson, Park Supervisor, reported that parts had been ordered for the
kiddie equipment in Brook Street Park, and that the department could do much
of the work requested with some labor from the high school students.
Mayor Whelchel suggested that perhaps the high school students could help the
Park Department in providing labor to improve the Brook Street Park.
7. Communication from Arthur F. Warden requesting that the properties owned
by Arthur F. Warden and Thomas W. Norton be granted a permanent right -of -way
over City property to their property in the Mission Plaza area.
On motion of Councilman Blake, seconded by Councilman Gallaghe; the request
was referred to the City Attorney for preparation of the necessary documents.
8. Communication from Mrs. Audrey B. Moore, 713 Grand Avenue, concerning an
overcharge by the San Luis Garbage Company for removal of trees and other debris
by the garbage company.
Mrs. Moore stated that she was quoted a price of X12.50 per hour for removing
the debris and that the garbage company charged her $45.00 for the work.
City Council Minutes
March 17, 1969
Page 5
C. Cattaneo, President of San Luis Garbage Company, stated that all charges
other than the straight garbage collection rate, extra work . or bulk work is
established by an estimate given by an employee of the garbage company after
inspection of the work to be accomplished.
He continued that the work estimate of $45.00 was given to Mrs. Moore prior to
the work being started.
1 C. Cattaneo then explained the scope of the work accomplished for this charge,
stating that more work had been done than was anticipated.
On motion of Mayor Whelchel, seconded by Councilman Gallagher, the City Clerk
was instructed to notiftr;.-Mrs. Moore to work this out with the garbage company
as the City does not set bulk work rates for work done by the garbage company.
9. Communication from L. A. Balatti, Manager, Pacific Telephone and Telegraph
Company requesting that the Council consider a change in the rate of the business
license fee for the telephone company based only on business done in the city
of San Luis Obispo and not business done through the San Luis Obispo exchange.
The matter was continued for a report by the City Attorney.
10. Communication from D. F. Romero, City Engineer, forwarding a letter from
John Jenks, consulting sanitary engineer regarding the operation of the Sewage
Treatment Plant and particularly urging the City Council not to sell any of the
property presently used by the sewer plant for the spreading of effluent.
The communication was ordered received and filed.
On motion of Councilman Miller, seconded by Councilman Blake, that the City
not proceed with the disposal of the Gudel_Property at the sewer farm. Motion
carried.
11. Communication from D. F. Romero, City Engineer, regarding the Foothill
Boulevard drainage channel, near Cuesta Drive.-stating that in accordance with
Council direction all the property owners adjacent to this drainage channel
have agreed to install fences on:their property to protect people from falling
into the channel with the exception of one property owner who refuses to install
the fence or to cooperate in any way. Therefore, the project has not been
completed, as the conditions were that all property owners were to protect
their own property. Therefore, he asked for City.Council direction.
The matter was continued for referral to the City Attorney for a report on
whether the property owner could be forced to install a fence or whether the
work could be done and the cost assessed against the property.
9:15 P.M. Mayor Whelchel declared a recess. 9:25 P.M. the meeting reconvened
with all Councilmen present.
12. D. F. Romero, City Engineer, reported that he had been unable'to contact
Ernest Dalidio, property owner adjacent to the drainage outlet for Laguna Lake
concerning the eucalyptus trees on his property which are a hazard to the pro-
perty across the drainage channel and to the channel itself.
The matter was continued until Mr. Romero had heard from E. Dalidio.
13.' Communication from the Planning Commission recommending that the City
Council rename Orcutt Avenue to La Paz Street, Orcutt Lane be renamed to
Cedral Street, and Paulsen Avenue to Colima Street. These streets are in the'
area recently annexed to the City of San Luis Obispo.
On motion of Councilman Blake, seconded by Councilman Gallagher, a public hearing
was set for April 7, 1969, on the recommendation to rename the streets in this
area on the basis of Orcutt Avenue to La Paz Street, Orcutt Lane to La Paz
Court and Paulsen Avenue to Colima Street.
City Council Minutes
March 17, 1969
Page 6
14. Communication from the Planning Commission recommending the abandonment
of the unimproved portion of Loomis Street adjoining Lot 14, Block 2, Monterey
Heights. The Planning Commission.recommended that this portion of Loomis
Street which is not needed for street purposes be abandoned subject to the
retention of a sewer and slope easement.
D. F. Romero, City Engineer, showed a sketch of the area recommended for abandon-
ment and stated he could see no future need for this property by the City,
subject to reservation of appropriate easements.
The City Council agreed that it would be desirable that curb, gutter and side-
walk be installed across this frontage prior to final abandonment and that
the action being considered would indicate to the property owner that the City.
was receptive to an abandonment. Final action to be reserved until improvements
have been completed.
On motion of Councilman Blake, seconded by Councilman Gallagher, the following
resolution was introduced. Resolution No. 1922, a resolution of intention to
abandon a portion of Loomis Street.
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
15. Communication from the Planning Commission notifying the City Council of
their denial of a requested rezoning by Walter B. Roselip of that property
located at the corner of Park and Wilson Streets from R -1 to R -H. The com-
munication was ordered received and filed.
15A. Communication from the Planning Commission recommending to the City
Council that the requested rezoning by Aime Lalande and Ron Benzer of pro -
perty located between Los Osos Road, Royal Way and Madonna Road from U to
R -1, R -2S, R -H -S and R -O -S be approved.
A public hearing was set for April 7, 1969.
16. Lane Wilson, Park Supervisor, presented for the Council's consideration
plans and specifications for the installation of an automatic sprinkler
system for Mitchell Park, labor only, as the material was already.on hand.
Lane Wilson stated that he felt the labor would be over $2,000 and therefore
should go to formal bid.
On motion of Councilman Gallagher, seconded by Councilman Miller, the request
was approved. Motion carried.
17. On motion of Councilman Miller, "seconded by Councilman Spring, the Mayor
was authorized to sign on behalf of the City an agreement with Elsie P. Muzio
for easement in the'Mission Plaza area behind her property. Motion carried.
18.:�Council consideration of the acceptance of a Grant Deed from Elmer W. Smith
and Katherine A. Smith for the extension of E1 Cerrito Street was continued.
D. F. Romero, City Engineer, explained that the portion of street being con-
sidered for acceptance lies beyond an unaccepted portion of E1 Cerrito Street.
Mr. Blaser, owner of the unaccepted portion, had not requested City acceptance
until several minor items which Mr. Blaser claims were caused by Mr. Smith
had been corrected. By Council policy, the City would not accept that portion
of E1 Cerrito Street being offered by Mr. Smith until the adjacent piece had .
been accepted.
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City Council Minutes
March 17, 1969
Page 7
On motion of Councilman Miller,: seconded by Councilman Suring, the'City Engineer
was requested to see if the conflict between Elmer Smith and Leonard Blaser
could be worked out. Motion carried.
19. On motion of Councilman Blake, seconded by Councilman Spring, the following
contract payments were approved and ordered paid. Motion carried.
A -1 Electric Est. #1 $39252.60
Traffic Signal Revision (907. complete)
City Plan No. 7 -69
A -1 Electric Est. #2 (Final) 361.40
Traffic Signal Revision (1007. complete)
City Plan. No. 7x69
Wesley G. Watkins Est. #1 33,603.60
Dwelling Demolition (727.-complete)
Mission Plaza Area
20. On motion of Councilman Blake, seconded by Councilman Gallagher, the
Mayor was authorized to sign on behalf of the City an agreement with Nathan D.
Lewis and Helen:B. Lewis for street widening on Santa Rosa Street, and an
agreement with William J. Vetter and William J. Vetter, Jr., for street
widening on Santa Rosa Street. Motion carried.
21. On motion of Councilman Blake, seconded by Councilman Miller, the following
salary step increases were approved. Motion carried.
Alstot, Gary W. -
From Step 2 or $582
Dorman,:Gerald W.
1 From Step 2 or $582
Rluck, James G.
From Step 3 or $508
Fireman
to Step 3 or $617
Fireman
to Step 3 or $617
Utility Plant Operator i
to Step 4 or $535
Price, Margaret - Senior Librarian
From Step 3 or $600 to Step 4 or $690
Simmons, Preston J. - Police Patrolman
From Step 3 or $652 to Step 4 or $690
Signorelli, Aenri A. - Fireman
From Step 2 or $582 to Step 3 or $617
Taylor, Gerald R. - Fireman
From Step 2 or $582 to Step 3 or $617
Wilson, Lane H. - Park Foreman
From Step l or.$600 to Step :2 or $635
22. Report by D.-F. Romero, City Engineer'on drainage needs and- costs-in
order of priority as determined by himself and his staff was referred to the
City Council budget hearings.
23. On motion of Councilman Gallagher, seconded by Councilman Spring, sick
leave in excess of five days was approved foraRichard Fritz.'
24. �J. H. Fitzpatrick; City - Clerk, reminded the City Council of the next
Channel Counties Division, League of California Cities meeting to be held in
Santa Paula on Saturday, March 29, 1969.
25. On motion of Councilman Gallagher, seconded by Councilman Miller, the
following ordinance was introduced. Ordinance No. 447, an ordinance relating
to private patrol systems; providing for the registration!:thereof and for
issuance of permits and identification for private patrolmen.
City Council Minutes
March 17, 1969
Page 8
Passed to print on the following roll call vote :.
AYES: Emmons Blake, Frank Gallagher.. Arthur F. Spring,
Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
26. Robert Born, County Hydraulic Engineer, announced to the City.Council that
he could meet with them to discuss the possible formation of a flood control
district for the entire San Luis Obispo basin,.at their convenience.-_
The City Council decided that they would meet Tuesday, March 25, 1969, at
7:30 P.M.
.27. R. D. Miller, Administrative Officer, brought to the Council's attention
Assembly Bill No. 374 which is being considered by the State Legislature, -
which would provide for retirement of police and firemen at age fifty at about
double the,present retirement.
On motion of Councilman Blake, seconded by Councilman Gallagher, the Mayor was
authorized to write.a letter to the State Assemblymen and State Senators
opposing Assembly Bill 374.
28. R. D. Miller, Administrative Officer, brought to the Council's attention
the matter of Assembly Bill 396 which would amend the Bradley -Burns Uniform
Local Sales and Use Tax Act to eliminate the present exemption from the 17.
sales tax on all privately owned utilities.
He continued that the reason for the exemption originally was that each City
and County had different ordinances and rates for the sales -and use-- tax,_but
that with adoption of the Bradley -Burns Act, there was no reason to continue
these exemptions. Therefore, the League is urging all cities to ask their
State Legislators to remove this exemption.
On motion of Councilman Miller, seconded by Councilman Gallagher, the Mayor was
authorized to write a letter to the State Legislators opposing Assembly Bill 396.
R. D. Miller, Administrative Officer, brought to the Council's attention Senate
Bills 312 and 314 which would amend the Brown Act to require.all. committee
meetings to be held in public even though these committees may be less than .a
quorum. Senate Bill 314 would require all Council members to sign an affidavit
after each executive session stating that only matters authorized by -law were
discussed at the executive session.
On motion of Councilman Blake, seconded by Councilman Gallagher, the Mayor
was authorized to write a letter to the State Legislators.protesting• the
passage of these Senate Bills.
Mayor Whelchel brought to the Council's attention the fact that during the 1969
Fiesta, the County of San Luis Obispo will be holding the grand opening of Lopez
Dam and will attempt to start a celebration that would be known as the Lopez.-
Fiesta, and he asked that the City Council request.the Board of Supervisors not
to establish a competing celebration during the Fiesta of the City of San Luis
Obispo.
On motion of Councilman Gallagher, seconded by Councilman Miller, that the Board
of Supervisors be asked not to hold a Lopez Fiesta during the City's Fiesta
celebration and also that the County E.D.C. be, asked to coordinate events and
avoid conflicts by maintaining a calendar of events. ,
On motion of Councilman Gallagher, seconded by Councilman Miller, the meeting
was adjourned to Tuesday, March 25, 1969, at 7.:30 P.M.
H: FIT PATRICK; CITY CLERK
APPROVED: APRIL 21, 1969
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