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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. 1 1 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 1 h�