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City Council Minutes
April 7, 1969
Page 12
45. At this time the City Council adjourned to executive session to discuss,
personnel matters and property acquisition with potential litigation.
46. The City Council reconvened in regular session.
On motion of Councilman Miller, seconded by Councilman Spring, the City Attorney
was authorized to obtain a litigation guarantee and to prepare a resolution to
condemn property on South Street for park purposes.
47. On motion of Councilman Gallagher, seconded by Councilman Spring, the meeting
was adjourned to April 14, 1969 - 7:00 P.M.
APPROVED: May 5, 1969
Pledge
Invocation
Roll Call
City Staff
. H. F T PATRICK
CITY CLERK
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
April 14, 1969 - 7:00 P.M.
City Hall.
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; H. Johnson, City Attorney; R. D. Miller,
Administrative Officer; D. F. Romero, City Engineer;
E. Rodgers, Police Chief; L. Scholbohm, Fire Chief.
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11. Communication from the Division of Highways notifying the City Council that
studies have been initiated relative to the upgrading on a conventional basis
that portion of Route 227 in San Luis Obispo County`:between Edna and Route 101 in
the City of San Luis Obispo.
The studies will cover widening of the existing route between Edna and the south
City limits. They added they will generally follow the existing alignment with
an increase in.the right -of -way width. When sufficient engineering and economic
data have been developed they will bring the matter before the City Council. They
also stated they will work closely with the City's engineering staff and planning
staff so that the City will be aware of the progress of the studies.
D. F. Romero, City Engineer, reported that he has discussed this matter with repre-
sentatives of the Division of Highways.and that they are working closely on the
project.
The communication was referred to the City Engineer for study and coordination,
with the Engineer to keep the Council informed of progress.
12. Communication from the San Luis Obispo County Coordinating Council approving
the Preliminary Study on Juvenile Delinquency in San Luis Obispo County was ordered
received and filed.
Adjourned City Council Minutes
April 14, 1969
Page 2
13. Communication from Thomas Chalmers, 205 N. Broad Street, requesting clarifica-
tion of Section 5200.6 of the Municipal Code, Garbage and Rubbish Disposal Ordinance
as far as the word "court" is concerned as it pertains to his property on Casa and
Murray Street.
After discussion by the Council the City Clerk was instructed to notify Mr. Chalmers
that classification of property under the rate structure was up to the garbage com-
pany and not the City Council.
14. Communication from the Central Coast Square Dance Association, requesting that
the City Council again make arrangements to :pay for the rent at the Veteran's
Building and the Monday Club during their annual Square Affair on August 30 & 31,
1 %9.
Councilman Miller.objected to subsidising the square dance association as he felt
that these people were able to pay for their own recreation. He felt that if the
City wanted to spend money, they should cooperate and sponsor dances for the young
people who cannot afford to do so:
Mayor Whelchel spoke in support of the request as he felt that this was a good
program for the City as it creates good relationships with out -of -town people.
He also felt it was good for the business of the City as it created business for
restaurants, service stations, motels, etc.
Councilman Spring suggested that the City should help on this program as he felt
it was a good wholesome activity,:but also felt that the County, who operates the
Veteran's Building, should cooperate in reducing the rent on the building or
eliminating the rent.
Councilman Blake stated he also felt it was a good program for the City and he
agreed with Councilman Spring that the County should cooperate by either reducing
the rent or helping in some other way. I
On motion of Councilman Spring, seconded by Councilman Blake, that the City
Council approve the request, but also ask the County to share in the cost of the
program. Motion carried. Councilman Miller and Councilman Gallagher voting no.
18. Communication from L. A. Balatti, Manager Pacific Telephone and Telegraph
Company requesting that the City Council grant an exception to the Business License
Ordinance to the Telephone Company so that their annual business license would be
based only on gross receipts on business done inside the City and not on gross
receipts for the entire exchange-area.
H. Johnson, City Attorney, explained that the City Council could amend the Ordinance
to allow all licenses to be based only on gross receipts on business conducted in-
side the City limits and to eliminate gross receipts on business outside the City
limits, but he felt that this should be considered very carefully by the Council
since it would undoubtedly set a precedent and result in similar requests from
other business enterprises.
On motion of Councilman Miller, seconded by Councilman Spring, that the request
be denied. Motion carried. T
19. Communication from D. F. Romero, City Engineer,' requesting that the City
Council consider amending the Subdivision Ordinance, in view of the Ford "Case where
the City was found liable for the street although it was not formally accepted by
the City as•the tract had not'been completed.
D. F. Romero recommended that the Subdivision Ordinance be amended to require that
all off site improvements in the subdivision be completed prior to any building
permits being issued for construction in the subdivision. In this way it would be
a clear indication that until building permits are issued, the subdivision has not
been accepted by the City.
Communication from M. L. Leonard, 3108 Flora Street, complaining of damage to his
property and adjacent property caused by an incomplete subdivision bordering his
property. He urged that the City Council have the damage repaired as a sewer line
is leaking and raw sewage is leaking on his and adjacent property.
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Adjourned City Council Minutes
April 14, 1969
Page 3
D. F. Romero explained that personnel from his department have found that the tem-
porary connection made by the contractor was not leaking and that further checking
would be made upstream of the manhole where the washed out trench had been filled
in by an adjacent property owner. The contractor had agreed to do this work as
soon as he was able. Since these improvements have not been accepted by the City,
Mr. Romero stated that he was reluctant to have to work done by City forces.
Councilman Gallaaher agreed with the•recommendations of the City Engineer and urged
' that the City adopt his recommendation on requiring subdivision improvements to be
completed before allowing building permits to be issued.
Mayor Whelchel stated he felt the City should be very careful not to discourage
further development in the City by increasing the cost to the developer as the City
was in dire need of housing and housing developments.
H. Johnson, City Attorney, explained to the City Council the implications of the
Quitman- Fard.Case but pointed out that the time for appeal had not run out and
stated that it was his understanding the case would be appealed by the insurance
company, if its motion of a new trial is denied.
On motion of Councilman Blake, seconded by Councilman Gallagher, that the City
Council accept the recommendations of the City-Engineer and authorize the City
Attorney to prepare an amendment to the City's Subdivision Ordinance implementing
this recommendation, and if possible, including provisions for the City to approve
and accept portions of the development upon completion of the improvements if such
partial acceptance was consistent with the applicable state law. Motion carried.
Councilman Miller asked if the City forces could go out and take care of the Leonard
complaint as he felt there has been enough delay for these people. He felt the
raw sewage problem should be taken care of immediately.
The Council requested that the City Engineer contact the developer, Leonard Blaser,
' to see if this sewage problem could be taken care of -and to report back to the
City Council on April 21, 1969. Motion carried.
21. Communication from D. F.- Romero, City Engineer, reporting that he had discussed
the matter of the removal of'the eucalyptus trees along the discharge channel of
Laguna Lake with Ernest Dalidio and that Mr. Dalidio stated that he had no objections
if the City were to-remove these trees but that he is not willing to spend any
money to conduct either tree removal or major tree trimming.
On motion of Councilman Miller, seconded by Councilman Spring, the City Engineer
was requested to write Supervisor Freeman and see if the County were willing to
do something about this dangerous condition caused by the trees on the Dalidio
property, with a copy to the adjacent property owners and the District Attorney.
Motion carried.
26. The recommendation of the Planning Commission that the City Council amend the
Zoning Ordinance to reduce interior yard setbacks from 10 ft. to 5 ft. in all
multiple family districts was set for public hearing on Kiy 5, 1969.
27. On motion of Councilman Blake,'seconded by Councilman Spring, the following
Ordinance was introduced for final passage. Ordinance No. 447, an ordinance rela-
ting to private patrol systems;.providing for the registration thereof and for
issuance-of permits and identification for private patrolmen:
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
28. Communication from the California Roadside Council requesting Council support
of policy and procedural changes in freeway location and design.
Adjourned City Council Minutes
April 14, 1969
Page 4
On motion of Councilman Miller, seconded by Councilman Gallagher, the following
resolution was introduced. Resolution `No. 1933, a resolution re- affirming freeway
consideration policy.
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
35. Communication from the City of Morro Bay forwarding a resolution of that City,
and requesting the support of the City of San Luis Obispo in requesting the State.
of California to take steps to prohibit oil drilling operations off shore from
San Luis Obispo County. r
Councilman Blake stated that he object to prohibition of oil drilling along the
coast as he felt that the oil industry is needed by our country and that new methods
would be developed which would jprotect off shore,drilling from the catastrophe that
happened in Santa Barbara County.
Councilman Spring stated that he- agreed with Councilman Blake that the oil com-
panies were taking every possible precaution and felt it was wrong to prohibit
oil drilling when new safeguards were being developed.
Mayor Whelchel suggested that a resolution be adopted supporting the request of
Morro Bay to prohibit temporarily, off shore drilling until the oil industry can
develop new technology that will meet the problem.
On motion of Councilman Miller, seconded by Councilman Gallagher, the following
resolution was introduced. Resolution No. 1934, a resolution supporting the City
of Morro Bay's position on oil drilling operations until such time as we-
have-assurance that there is adequate protection from leaks.
Passed and adopted on the following roll call vote:
AYES: Frank Gallagher, Donald Q. Miller, Clell W. Whelchel
NOES: Emmons Blake, Arthur F. Spring
ABSENT: None
.36. Communication from John P. Quimby, Assemblyman 72nd. District,, -forwarding a
copy of AB 524 relating to apparel worn by employees of establishments that serve
food and beverage, and requesting the support of the City Council on this bill,
was ordered received and.filed on motion of Councilman Blake, seconded-by-Council-
man Gallagher.
B1. Mayor Whelchel brought to the Council's attention what he felt is a traffic
problem at the.intersection of Higuera Street and Madonna Road, caused by south-
bound traffic turning west from.Higuera onto Madonna Road. He suggested that the
curb in front of the service station on Higuera Street be painted red and that a
right -hand turning•lane be installed for southbound traffic an Higuera.
The recommendation was referred to the Traffic Committee for study and report to
the City Council. '
B2. Communication from Jim Rimball,.Fiesta Parade Chairman, requesting that the
City Council issue a parade permit for the Fiesta Parade, with the route to be
the same as last year. He also asked that the assistance of the .Street Depart-
ment be granted to place barricades on the street and for the cooperation of the
Police Department for traffic control.
Adjourned City Council Minutes
April 14, 1969
Page 5
He further requested that the Fiesta Association be allowed to place no- parking
signs the full length of Higuera Street between 6:00 and 7:00 A.M. on the day of
the parade. The Fiesta Association also asked permission to hang flags on Higuera
and Monterey Streets on the first of May. They further asked permission to cover
parking meters downtown on Friday and Saturday, May 16 & 17. Finally the Associ-
ation asked permission to set up the Judge's stand in the Higuera Street entrance
of Parking Lot 6 across from the Bank of America.
On motion of Councilman Gallagher, seconded by Councilman Blake, the requests of
the Fiesta Association were approved with the exception that the parking meters
downtown would be covered only on Saturday, May 17, 1969. Motion carried.
On motion of Councilman Gallagher, seconded by Councilman Miller, the following
resolution was introduced. Resolution No: 1930, a resolution approving a parade
permit for La Fiesta, May 17, 1969 and requesting closing of State Highway for
said parade.'
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
B3. Communication from -the Reverend Paul S. Ray, representing Judson Terrace Homes
for senior citizens, requesting that the City Council waiver the various City.fees
involved in the construction of the senior citizen's housing project was continued
until April 219 1969; with Reverend Ray to- attend the-meeting.
B4. Communication from R. H. Waite, 1609 Royal Way, requesting the Council to
consider granting a variance from the standard driveway requirement so that he
' could have a 20 ft. bottom for the purpose of parking his trailer on the property.
D. F. Romero, City Engineer, stated that he had no objections to the request.
On motion of Councilman Miller, .seconded by Councilman Gallagher, that the request
of R. H. Waite for a variance to the driveway requirement be approved. Motion
carried.
B5. Communication from L. R. Sullivan, 2975 Orcutt Avenue, requesting the City
Council to reconsider their decision in renaming•Orcutt Avenue-to McMillan Avenue
was ordered received and filed on motion of Councilman Miller, seconded -by
Councilman Gallagher. Motion carried, Councilman Blake voting no.
B6. Communication from the City Engineer forwarding a priority schedule for street
work to be conducted during.the 1969 -70 fiscal year.. • • .
He requested that the City Council review the priority list, modify it in accordance
with its desires, and adopt the list at an early date in order that the Public Works
Department and other agencies involved could be notified of the work to be conducted
during the 1969 -70 fiscal year.
On motion of Councilman.;Gallagher, seconded by Councilman.Spring; the following
priorities were approved.
B. Local Streets
1. Craig Way - Blanket Coat
4. All Streets less San Luis Drive - Blanket Coat
5. All Streets - Blanket Coat
The balance of the priority schedule was referred to the City Council for budget
study. Motion carried.
Adjourned City Council Minutes
April 14, 1969
Page 6
B7. Communication from the Planning Commission recommending approval by =the City
Council of ten tentative maps'of Tract 377 Panorama Terrace'. subject to the follow-
ing conditions:
1. Lots 89 99 & 10•shall be served by water meters located -on Flora Street.
2. The access road serving Lots 8', 9 & 10 shall be increased to twenty feet and
shall be improved with curb, gutter and asphalt.)paving.
3. The final map shall contain a covenant assuring that the access road serving ,
Lots:8, 9, & 10 shall be maintained by'property owners of said lots.
4. A standard City fire hydrant shall be located on the northwest corner of Lot 27.
5. Dedication shall be made for the'widening of Johnson Avenue and curb, gutter
and sidewalks shall be installed in accordance with City standards on the
parcel designated as Lot 1.
6. One tree to be planted for each lot with the exception of Lots 1, 8, 9, 10
& 19. No tree will be planted closer'than' -iight feet from any obstruction
or easement. Trees shall not be-planted until the home is occupied. Species
of trees to be planted shall be approved by the Parks & Recreation Department.
7. There shall be a 12 inch valve on Flora Street and an 8 inch valve on Panorama
Court. Total design of the layout and water system to be approved by the
Director of the Water Department.
8. Clearance between electrical conductors and ground to be aminimum of 30 ft.
9. Panorama Court shall be renamed ;with a Spanish name or same of historical
significance.
:1' _
10. There shall be a 5 ft. utilities easement along Lots 2 -thru 6.
11. Exceptions are hereby granted for frontages on Lots 1, 84 19 and depth on
Lot 10.
The City Council had no objections to the tentative map of Tract 377 and the map
was referred to the Planning Commission.
B8. Communication from the Telephone Company requesting that the City Council
amend Ordinance No. 443, an ordinance establishing•a maximum weight limit on.
Royal Way, to exclude utility companies and other service type vehicles from this
restriction.
On motion of Councilman Blake, seconded by Councilman Miller, the following ordi-
nance was introduced. Ordinance No. 451, an ordinance- exempting delivery, service
and utility vehicles from restrictions on-Royal Way.
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
B9. On motion of Councilman Blake, seconded by Councilman Gallagher, the Mayor
was authorized to accept and record on behalf of the City 4-grant deed from
Edison A. French and Frances A. French for street widening on Johnson'Avenue.
Motion Carried.