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HomeMy WebLinkAbout05/12/19691 City Council Minutes May 5, 1969 Page 11 On motion of Qouncilman Blake, seconded by Councilman Miller, the City Attorney was authorized to prepare a resolution for Council consideration. 20. Communication from the Planning Commission recommending that an ordinance establishing a building setback line along San Luis Creek not be adopted was referred to the joint meeting of the City Council and Planning Commission. 731. R. D. Miller, Administrative Officer, brought to the Council's attention the matter of whether or not to continue the Youth Corps program this summer and if so on what basis. The matter was referred to the City Council study session. 32. On motion of Councilman Miller, seconded by Councilman Graham, the following contract payment was approved and ordered paid. Morino Construction Co. Police Facility Payment No. 7 $51,165.90 33.- Communication from Steve Rasmusse n. requesting permission to display antique automobiles and Model A Fords in the Mission Plaza on Saturday, May 10, 1969 from 12:00 Noon to 3:00 P.M. was approved on motion of Councilman Blake.-seconded by Councilman Graham. 34, Communication from the San Luis Obispo County Symphony Association requesting financial assistance from the City was referred to the City Council budget session. 35. The resignation of Mrs. Priscilla Graham from the Library Board of Trustees was accepted with regret. 36. On motion of Councilman Blake seconded by Councilman Graham, the meeting adjourned to 7:30 P.M., Monday, May 12, 1969. Motion carried. APPROVED: June 2, 1969 410 =J- . H. FITZPATRICK, CITY CLERK ADJOURNED MEETING OF THE CITY COUNCIL May 12, 1969 - 7:00 P.M. City Hall _ Pledge Invocations Rev. Leslie Hawksworth Roll `Call Present: Emmons Blake, Myron Graham, Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz. City Staff Present: R. D. Young, Planning Director; J. H. Fitzpatrick, City Clerk; J. Stockton, Assistant Park and Recreation - Director; H. Johnson, City Attorney; R. D. Miller, Administrative Officer; D. F. Romero, City Engineer; _ E. Rodgers, Police Chief. -------------------------------------------------------------------------- - - - - -- City Council Minutes May 12, 1969 Page 2 1. F. D. Young, Planning Director, reported to the City Council on discussions with Father Steiger, Pastor of the Old Mission Church regarding the proposed development of the Mission Plaza as designed by Richard Taylor in front -of the Mission Church. R. D. Young stated that the only question Father Steiger had regarding the develop- ment was the access for funerals and weddings and the participants.having ;to climb an additional set of stairs to reach the Church. He stated he would take the mat- ter up eith,.:the Old Mission Advisory Board and notify the City of their suggestions. Mayor Schwartz asked the City Council whether they should order the construction drawings to be drawn up or whether the City should have a model made of the pro- posal so that.the interested persons could seethe plan in proper perspective. Councilman Spring stated that he understood the Church was disturbed with the change in elevation from the sidewalk to the lower plaza proposed by Richard Taylor. They also questioned the number of cars that could be accommodated in the lower plaze for funerals and weddings. They further questioned the height of the trees in front of the Mission which they felt -might detract from the Mission.. Councilman Blake stated that he felt a model would give the average.person a better perspective of the development, but felt there were many models available that had been made for other proposals which he thought could be used for studying the pro- posal. Councilman Graham stated he felt a model was needed.so that everyone could see what was being planned for this portion of Monterey Street in front.-of the.Mission. Councilman Miller stated that he felt the City should wait until suggestions were received from the Old Mission Advisory Board, although he had no objection to.a model if it were made at little or no cost to the City. Councilman Spring suggested that nothing be done in so far as construction of a model until the recommendation of the Old Mission Advisory Board is received. R.. D. Young, Planning Director, was asked to have a quick, simple model ;Wade of the Taylor plan for review by interested parties. The matter was continued to May 19, 1969. 2, J. Stockton, Assistant Park and Recreation Director, presented for the Council's consideration the Park and Recreation Commission's proposal for the first year phase of the senior citizen's. program proposed to be initiated by the City. He continued that the first year's cost would be $25,000, with the City's cost to be $8..216..110 in in -kind service, and the State of California to contribute the sum of $16,783.60. J. Stockton continued that the cost for the first year would include the salaries for the program director, janitorial and secretarial costs. Mayor Schwartz reviewed briefly the proposed program. The City and State would share the cost for the three -year period to initiate a senior citizens recreat- ional program in the City. The first year the City would pay 25% of the cost with the State paying 75 %. The second year the City would pay 40% and the State 60 %. The third and final year the City and State would share the cost.on a 50 -50 basis. After the third year the.City would assume the entire cost of the program. During the three -year period the City's contribution would be in in -kind services.* such as labor, materials, etc. Mayor Schwartz continued that in order for the City to take part in this program the deadline for application was June 1, 1969. He stated the City Council had to decide if enough funds were available.to finance the program. Councilman Blake stated he questioned the City's ability to pay for a new program for senior citizens after the State's grant had been expended. He felt that the overall cost would be prohibitive. - City Council Minutes May 12, 1969 Page 3 Councilman Graham stated that it was his understanding that after the first few years the senior citizen's recreational program would be self- supporting and would not require the use of public funds. J. Stockton stated that there were probably about 3,000 residents in the City over 65 who would benefit from this program. There are now about 100 to 150 senior citizens taking part in the limited recreation program now provided by the Park and Recreation Department, Councilman Blake questiomd.the per - capita cost for the senior citizen's program as proposed by the Park and Recreation Department. Councilman Spring stated that he was in favor of a senior citizen's recreation . program, but he was opposed to the initiation of a new program at-this time as he felt that the Council had pledged funds.to the development of the South Street Park and the Sinsheimer baseball field plus the re- purchase of the property at the Laguna Lake Park. Miller, Administrative Officer, questioned the study of the Park and Recrea- tion Commission regarding the senior citizen!s program in light of the existing financial difficulties in that department. Councilman Miller objected to the pressure being placed on the Council in making this decision at this time because of the June 1 deadline. He felt that the Council should have a longer time to study this program in light of other existing budgetary requirments. On motion of Councilman Miller, seconded by Councilman Blake, that the Mayor be authorized to write the State Commission on Aging requesting the City be granted an extabsi:on of 30 days to apply for State funds for the program.. Motion carried. R. D. Miller explained the staffing in the Park and Recreation Department and stated he felt the existing staff could handle a normal program. The matter was continued to the Council budget study session. 3. Communication from D. F. Romero City Engineer, regarding the need of the City for additional control over-drainage improvements within and adjacent to the City of San Luis Obispo. D. F.-Romero stated that although the City had numerous partial controls which would restrict storage of materials and blockage of storm drainage channels, there were no firm requirements and no machinery to require the owner to compensate the City for expenses involved in corrected deficient storm drainage conditions. He suggested that a nuisance ordinance be adopted which he felt would serve the need, H. Johnson, City Attorney, presented a report to the City Council on the matter and stated he felt there were sufficient City and State laws on the books to enforce the recommendations suggested by the City Engineer. He presented a brief summary of the various code sections involved. On motion of Councilman Miller, seconded by Councilman Spring, the City Attorney was requested to propose an ordinance on this matter and bring it back for the Council's consideration. The City Attorney was also instructed to investigate the possibility of the County adopting a similar ordinance. .Motion carried. 4. R. D. Miller, Administrative Officer, brought to the Council's attention the advisibility of adopting procedures for negotiations with employees for wages and fringe benefits. Paul Landell, representing the Employees Association, stated he felt that the City should adopt a program for employee- employer negotiations and that it should be adopted as soon as possible so that it could be used in negotiations prior to the adoption of the City budget. R. D. Miller stated that the League of California Cities recommendation was that the Council appoint a management team to negotiate with the employees, but,that no member of the City Council be on the committee as it would be their duty to make the final decision on the recommendation of the management and employee teams. City Council Minutes May 12, 1969 Page 4 Councilman Miller stated he felt some councilmen should be on the negotiating team so that they would be aware of all the discussion on salaries and fringe benefits. Paul Landell agreed that Council members should be on the negotiation team so that the employees could negotiate directly with the management. Don Sylvia, Paessident of the Employees Association, stated that if the City and the employees could not agree on salaries and'fringe benefits, it could be re- ferred to a third party for mediation. R. D. Miller explained the limitations of mediation in City affairs. The matter was continued to May 199 1969. 5. Mayor Schwartz presented for the Council's consideration -a proposed policy to be used by t —�—eC31.Ty Council in making appointments to the various commissions and boards of the City. He stated that the new policy proposed was one that would-in- sure that well qualified, responsible and willing citizens were appointed to serve on these Council advisory boards. He stated this policy would give consideration for the reappointment of existing membersy nominations by the Council and applica- tions by the citizens at large. He then presented the proposed policy to the . Council for their consideration. Councilman Blake stated that he was for the policy as it would cause greater par= ticipation by the citizens of the community. Councilman Graham felt that the proposal was a good one as it was a means of getting new people invo ved in City government and policy. Councilman Miller stated he was in favor of the suggestions for finding new people to take part on advisory boards and commissions. On motion of Councilman Miller, seconded by Councilman Blake, that the proposed policy for appointments th %City commissions and boards be adopted. Motion carried. 6. At this time the City Council discussed whether or not to continue the Youth Corps Program and if so on what basis. R. D. Miller, Administrative Officer, explained the history of the Youth Corps as follows: It had worked fairly well over the years but last year when employment was limited to needy youngsters, many had dropped out befere the end of the summer. - Councilman Spring stated he felt that the program should be continued but that the young men hired should: be from needy families who need the work to continue with school, etc., and not from affluent families in the City. F. Molina, representing Grass Roots Organization:9 stated he felt that the program was a good one and felt that the program should hire young people from-low- income families. He hoped that the City Council would support this program again this year. Councilman Graham suggested that one way to keep the boys working during.the entire summer program was to only pay them spending money on a weekly basis and-,then pay the balance in one lump sum at the end of the summer. Councilman Miller stated that in addition to the Youth Corps Program, he felt the City Council should investigate the possibility of initiating an intern program in each City department so that black students would have an opportunity to see the workings of City government and perhaps could be induced to study for a future in City governments. On motion of Councilman Miller,.seconded by Councilman Sprink, that the City con- tinue with the Youth Corps "as in the past with emphasis on low- income help. 9:30 P.M. Mayor Schwartz declared a recess. 9 :35 P.M. the meeting reconvened with all Councilmen present. :1 I IiI �J City Council Minutes May 12, 1969 Page 5 7. Communication from the San Luis Obispo County Development Association re- questing that the City continue to support the Association and that for the fiscal year 1969 -70 they are requesting $7,500. The matter was continued to the City Council budget session. 8. On motion of Councilman Miller, seconded by Councilman Spring, the following resolution was introduced. Resolution No. 1944, a reso u ion en orsing the-re - quest for federal funding to initiate construction of Port San Luis Harbor, County of San Luis Obispo, California. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham., Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz NOES: None ABSENT: None 9. Councilman Miller brought to the Council's attention the'matter of placing additional fill on the Laguna Lake peninsula -due to the high water because the fishermen could not walk along the shore to fish. He suggested that the City place rock and build a path so that the lake would be accessible for fishermen. The request was referred to J. Stockton, Assistant Director of the Park.and Recreation Department for investigation and report to the City Council. 10. On :notion of Councilman Blake, seconded by Councilman Miller, the following resolution was introduced. Resolution No. 1949, a resolution authorizing the Mayor to sign a co- operative agreement with e a e of-California covering maintenance of the traffic signals at the intersection of California and Foothill Boulevards. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz NOES: None ABSENT: None 11. Communication from Jim Bean, resigning as a.member of the Citizenis Advisory Committee was accepted with regret. 12. At this time the City Council considered appointments of Council members as representatives to various-boards and commissions. Mayor Schwartz made the following appointments: Water Resources Committee = Mayor Schwartz, taith R: D. Miller as alternate and Price Thompson as member. . Traffic Committee,- Councilman Blake, Councilman Miller and Dave Ethridge, with staff members R. D. Miller, Administrative Officer; D. F. Romero, City Engineer; and E. Rodgers, Police Chief, Office of Equal Opportunity - Councilman Myron Graham. Airport Study Committee - Councilman Spring, Councilman Blake, and one member of the Planning Commission to be appointed by the Chairman. San Luis Obispo County Development Association - Mayor Schwartz, Chairman of the Planning Commission and staff member Ron Young, Planning Director. City Council Minutes May 12, 1969 Page 6 Area Planning Council - Councilman Graham, with Councilman Blake 4s alternate plus one member of the Planning Commission to be appointed by the Chairman and staff members H. Johnson, City Attorney; D. F. Romero, City Engineer; and R. D. Young, Planning Director. SCAG Airport Study - Mayor Schwartz and R. D. Miller Administrative Officer. Mayor Schwartz suggested that rather than consider these as Council committees they should be considered as community committees and bring in other citizens to take part in community government. On motion of Councilman Spring- seconded by Councilman Blake, the appointments made by the Mayor were approved. Motion carried: 13. Communication from La Fiesta requesting that the City Council waive the business license fees for carnival rides during the Fiesta and also requesting that the City Council consider an annual contribution to the Fiesta Association. C. Delmartini La Fiesta representative, stated that the Fiesta Association was requesting the City Council to consider waiving the business license fee charged to the Association.for carnival rides during the Fiesta. He continued that the Fiesta Association would receive 20% of the gross plus a $50.00 minimum on the concessions. J. H. Fitzpatrick, City Clerk, explained to the City Council the ordinance require- ments for exempting charitable organizations-from business licenses with the con- dition being that all profit derived by the operation go to the charitable organi- zation. On motion of Councilman Miller, seconded by Councilman Spring, the request of the Fiesta Association to waive the business license fees for the carnival rides was denied. Motion carried. The City Council then considered the second request of the Fiesta Association for financial assistance.for each Fiesta in a sum of $3500 to $5000 each year. Councilman Spring reminded the City Council that each year in the past the leaders of the Fiesta Association have come to the City Council asking for a contribution for financial assistance stating that this would be the last time they would ask for help and they would no longer need funding, but each year the Fiesta officers keep coming back asking for more and he stated he would oppose an annual contribution to the Fiesta: Co Delmartini explained to the City Council that the Fiesta Association needs this guarantee in order to be able to start the operation of the Fiesta and stated he felt the financial guarantee was an absolute necessity. Councilman Blake stated that he would not object to the City helping the Fiesta Association but he would not like to make it an annual contribution and would oppose annual support to the Fiesta. . Councilman Graham stated he would support the request of the Fiesta for an annual City contribution of $3500 to guarantee the operation of the Fiesta. Councilman Miller stated he would support the Fiesta',s request for an annual guarantee to back the operation of the Fiesta each year. Mayor Schwartz suggested that the Council should look into each request for City funds for promotional benefits, and its ultimate benefit to the City, and should keep the budget in lane. He suggested the matter be referred 't6 the Council's budget study session. C. Delmartini asked that in addition to closing Palm Street from Grand Avenue to Grove Street they would like permission to close Mill Street between Grand Avenue and Park Street for use by concessionaires. 1 1 City Council Minutes May 12, 1969 Page 7 E. Rodgers, Police Chief, stated he did not feel there would be a traffic problem if the street were closed. On motion of Councilman 14iller, seconded by Councilman Graham, the request to close Mill Street from Grand Avenue to Park Street was approved. Motion carried. 14. Communication from Glen Weaver and F. Mullican requesting City participation in the financing of sewer and water lines to the 21 acres of industrially zoned property north of Edna Road. They stated it was their understanding that if the City would participate in the installation of sewer and water lines, they could be paid back at the going rate of interest over a period of five to ten years. D. F. Romero, City Engineer, explained the scope of the work proposed by Weaver and Itillican in installing sewer and water lines to serve the industrially zoned area northeast of Edna Road. He continued that h 12" water line and an 8" sewer line would cost approximately $26,000. Of this cost he stated that the &i.ty would pay $6,000 for excess capa- city. He stated that it is not normally City policy to help finance improvements to private developments and that the developer must place his own improvements such as sewer and water lines. H. Johnson, City Attorney, explained the legal provisions of the request and the differences in this request with the existing agreement with Young Brothers and Westside Auto Parts. Councilman Spring stated he was in favor of the request as he felt it was a good investment for the City and that the City would get their money back with interest and was in favor of assisting property owners. '"F. Mullican reminded the City Council that he and Weaver would grant to the City the necessary road easements along their-frontage at no cost to the City as re- quested by the City Engineer. Councilman Blake objected to the City financing a private developer for develop- ment of private property at a lesser rate than-is available to other citizens. Mrs..H. Waite urged the City Council to go along with the request as she felt the property owners would make a contribution to the growth of the community. Councilman Miller stated that he was interested in this project but he could not in good faith grant a loan of City funds for private development and therefore would vote against the request. In view of the Council's discussion of the request, F. Mullican withdrew his re- quest for development of sewer and water lines. 159 Communication from the American Legion Auxiliary requesting permission to =sell poppies on the streets of San Luis Obispo on May 23 and 24. On motion of Councilman Miller. seconded'by Councilman Spring the request was approved as was the request of the Veterans of Foreign Wars so long as only local members would sell on the streets. 16. On motion of Councilman Blake, seconded by Councilman Spring, the following resolution was introduced. Resolution No. 1945 a resolution opposing Assembly Bill 240 and urging State legislators to defeat same. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz NOES: NONE ABSENT: NONE City Council Minutes May 12, 1969 Page7-8 17. On motion of Councilman Blake, seconded by Councilman Miller, the following resolution was introduced. Resolution No. 1946, a resolution supporting Senate Bill 396 which would eliminate the use tax exemption for privately owned utilities. Passed and adopted on the following roll call vote: AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz NOES: None ABSENT: None 18. Communication from D. F. Romero, City Engineer, notifying City Council that the Public Works Department has received an offer to purchase the old PAID Line Master Street Striper which is being traded in on a new striper for $50.00. He stated he felt it was a good deal for the City and that the com- pressor and motor are in excellent condition. He felt the machine could,be put to good use. On motion of Councilman Blake, seconded by Councilman Spring, the City Engineer was authorized to purchase the used striper for $50.00. Motion carried. 19. Communication from D. F. Romero, City Engineer, regarding the counter offer of Mrs. Hathway for street widening at the intersection of Johnson Avenue and Ella Street. After discussion by the Council the matter was referred to the City Attorney for investigation. 20. R. D. Miller, Administrative Officer, presented for the Council's consider- ation the 1969 -70 proposed City budget. The matter was referred to the City Council budget study session. , 21. Claim against the City by F. A. Llinburne for alleged damages to his car was referred to the City's insurance carrier. 22. Claim against the City from Artye V. Vickers for alleged damages to his residence caused by the City Fire Department while burning on adjacent property was referred to the City's insurance carrier. 23. R. D. Miller, Administrative Officer, explained to the City Council a re- cently adopted policy by the League of California Cities regarding payment of City tax revenues collected through the County. He continued that the County has not been paying the City on any orderly basis and it is difficult for the City to anticipate payment of tax funds. He continued that at the next Mayor's Meeting of the Cities in the County of San Luis Obispo, the other cities were going to request that the County of San Luis Obispo prepare a schedule for payment of tax revenues. 24. The Council adjourned to executive session to discuss property acquisition with potentail litigation. 25. On motion of Councilman Blake. seconded'by Councilman Miller, the meeting adjourned. ' Xell . FITZ ATRICK, CITY CLERK APPROVED: Ju1y;71 1,969