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City Council Minutes
August 25, 1969
Page 4
Communication from D. Stickler, requesting that the City Council not hold up
consideration of the proposed rezoning to October 1969.as he would like to
have the Council consider it as soon'as possible so that if it is approved, he
can proceed with the development.
Councilman Miller stated he felt.the City should proceed post haste with this
scheduled'public hearing.
Councilman Blake agreed that the City should not hold up consideration but
should proceed under the normal scheduling time.
Councilman Graham felt that someone else besides Col. Colby could speak on
behalf of the opposition as he felt this hearing should be held at the
scheduled time.
Mayor Schwartz agreed that the City should proceed with the hearing and that
Col Colby could send his protest in writing.
4. Communication from Louise Kem, protesting cable television reception was
referred to Art Hapgood, Vice - President, Central California Communications
Corporation.
On motion of Councilman Blake, seconded by Councilman Miller, the meeting
adjourned.
APPROVED: November 3, 1969
Pledge
Roll Call
Present
City Staff
. FI ATRICK
CITY CL 2'9K
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
September 2, 1969 - 7:00 P.M.
City Hall ..
Emmons Blake, Myron Graham,.Arthur F. Spring,
Donald Q. Miller, Kenneth E. Schwartz
Present: R. D. Young, Planning Director; J. H. Fitzpatrick,
City.Clerk; J. Stockton, Park and Recreation Supervisor;
H. Johnson, City Attorney; R. D. Miller, Administrative
Officer; D. F. Romero, City Engineer; L. Schlobohm,
Fire Chief; E. P. Thompson, Director of Water Dept.
The minutes of the meetings of June 16, 17, 18, 20, 23, 24, 25 & 27, 1969 were
approved as presented.
On motion of Councilman Miller, seconded by Councilman Graham, claims against
the City for the month of September 1969 were approved subject to the approval
of the Administrative Officer. Motion carried,
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A. M. E. Willeford, C.P.A., the City's independent auditor, appeared before
the City Council and presented the audit of the City's financial records for `
the period ending June 30, 1969. He also presented separate audits on the sewer
revenue bond enterprise, the water revenue enterprise and the parking district
bond enterprise. He continued that as stated in his opinion on the audits,
City Council Minutes
September 2, 1969
Page 2
that the records of the City were well kept. He stated that if the City
Council had questions on the audit, he would be happy to meet with the mem-
bers of the Council, individually or collectively, to discuss the various
audit reports. He thanked the City Council for the opportunity of again
serving as the independent auditor for the City's financial activities.
Mayor Schwartz thanked M. E. Willeford for his comments and stated he hoped
that if any of the Council had questions they would contact him.
1. At this time the City Council considered agreement between the City and
Woods Animal Shelter Society for continuation of animal control services for
the City of San Luis Obispo for the fiscal year 1969 -70.
H. Johnson, City Attorney, briefed the conditions of the agreement stating
that the agreement was similar to the agreement for the fiscal year 1968 -69.
He stated that a few changes had been made, and that the,price would be
$950 per month for animal control. He stated that the only change in the
agreement was that the Woods Animal Shelter Society agreed to hold a weekly_.
intensive round -up in certain areas in the City to control stray dogs.
Councilman Spring reported on his discussion with representatives of the Woods
Animal Shelter Society and stated that he felt they were trying to do a good.
job for the City and further he had arranged with the representatives to hold
these weekly round -ups in various parts of the City in an attempt to eliminate
packs of stray dogs in the City.
Councilman Miller stated he would vote against extending the contract with
Woods Animal Shelter as he felt they were not doing an adequate job in con-
trolling the loose animals in the City add he felt animal control should be a
department of the City under control of the City Council through the.City
staff. He felt the City tax payers were not getting their money's worth for
this expensive service.
On motion of Councilman Graham, seconded by Councilman Spring, the agreement
was accepted and-the Mayor was authorized to sign on.behalf of the City.
Motion carried, Councilman Miller voting no.
2. Mrs. Esther Davis, President of the San Luis Obispo Art Association,
appeared before the City Council to invite the Council and their families to
attend the San Luis Obispo Art Association's First Anniversary Show to be
held on Friday, September 26, 1969. She explained some of the - programs planned
by the Art Association and the work being done by the volunteer group.
On motion of Councilman Blake, seconded by Councilman Spring, the following
resolution was introduced. Resolution No. 1978, a resolution commending the
San Luis Obispo Art Association.
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
3. Communication from the League of California Cities requesting that the City
(� designate a voting representative and alternate for the annual League confer-
ence to be held September 28 thru October 1, 1969 in San Francisco-.
On motion of Councilman Blake, seconded by.Councilman Graham, Mayor Schwartz
was appointed as voting representative for the City with Vice Mayor Blake to
act as alternate. Motion carried.
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City Council Minutes
September 2, 1969
Page 3
4. H. Bankston, real estate salesman, appeared before the City Council protesting
the assessment of a business.license on real estate salesmen doing business in the
City. He objected to the method of billing and also the fact that he does not
conduct a separate business as he is employed by a real estate broker and is paid
by commission. He continued that if the City collects a business license from
real estate salesmen, he feels they should also collect licenses from used car
salesmen and other salesmen in retail trade. He also questioned the fact that
the City does not enforce the ordinance fairly by licensing all salesmen. He
' continued that there were people who hold a state license.who do not actually
sell real estate, but were required to take out a business license.
Councilman Spring explained the difference between a real estate business and an
auto business and their salesmen, as the real estate broker and salesmen each
pay individual licenses with no relation to the amount of business done, while
an automobild agency pay on the basis of gross receipt of the business which is
more than might be paid if the salesmen were licensed individually.
J. H. Fitzpatrick, City Clerk, presented a report to the'City Council stating
that the real estate salesmen had been billed for business license fees in accord-
ance with the provisions of Article 6, Chapter 1 of the Municipal Code. He
continued that the City Ordinance specifically lists real estate salesmen on
commission as a separate business which must be licensed by the City. He con-
tinued that he had been working with various real estate groups within the City
who have objected to these license provisions who stated they would appeal.before
the City Council to amend the ordinance. He stated that as this had not been
done to date he felt that he must enforce the City ordinance, therefore he billed
each and.every state licensed real estate salesman and broker within the City of
San Luis Obispo.
He continued that if a state licensed person would notify his office in writing
that they are not actually in business as defined in Section 6100 of the Munici-
pal Code,•they would not be required to have a license. He reported that there
were 124 licensed real estate salesmen or brokers within the City of San Luis
Obispo and as of this date all of these have been paid or exempted except for
39 which are now delinquent.
R. D. Miller, Administrative Officer, explained the background of the City's
Business License Ordinance adopted in 1955. He stated at that time, at the
request of the real estate brokers and salesmen they were placed in the profes-
sional bracket of the business license ordinance.
H. Bankston again appeared befbre the City Council continuing his protest of the
assessment of business license fees against real estate salesmen when shoe
salesmen, car salesmen and furniture salesmen do not pay a business license fee.
Mayor Schwartz stated that the City staff must enforce City ordinances as
written and he did not see what could be done at this time until the ordinance:
is amended, if this is what the City Council feels should be done. -
J. H..Fitzpatrick, City Clerk, reported that the provisions.for licensing real
estate salesmen had been in the ordinance since 1912.
Councilman Graham suggested that the matter be referred to a committee to study
the entire business license ordinance and fee structure.
Councilman Spring agreed with Councilman Graham and hoped that the City would
get under way on this study as soon as possible.
Mayor Schwartz suggested that this matter be continued to the Council study...
agenda for discussion. The Council agreed to table the matter until this time.
.5. The following memorandum received from the City Engineer was ordered re-
ceived and filed:
Check List Item 23 - Setback lines were adopted on both sides of Santa Rosa
Street between Higuera and Monterey by Ordinance 441 (1969 Series) and dated
January.20, 1969.
City Council Minutes
September 2, 1969
Page 4
Check List Item 26 - The plans for the Foothill - Cuesta Drainage Channel'wefe
changed from gunite to concrete during the design stage of the project when we
discovered that the existing easement was insufficient in width to provide
sufficient capacity for the trapezoidal channel implied with gunite construc-
tion. The reinforced concrete and reinforced block construction shown on the
plans will be approximately the same cost as the gunite channel and'will provide
a much more suitable water area.
Check List Item 27 - Our estimate of the cost of relocating 132 feet of exist- ,
ing fence is $220 and construction of 48 additional feet of new fencing to meet
the Baumberger requirements is $150, giving a total estimated contract cost
of $370.
6. On motion of Councilman Graham, seconded by Councilman Spring, the Mayor .
was authorized to sign on behalf of the City that certain agreement for street
widening on Higuera Street with the Beacon Oil Company and the City'of San Luis
Obispo. Motion carried.
7. Councilman Miller again brought to the Council's attention the need for the
formation'of a special assessment district for the improvement of Brook Street,
although he agreed that less than 50% of the property owners have signed the
petition fof the formation of this improvement district. He felt the improve-
ments were needed and should be put in. He stated that the minority property
owners wanted the improvements put in and he suggested that the City Council
hold a public hearing for comments of the property owners.
J. Bowers, property owner, objected to the formation of an improvement district.
as he felt that the additional tax burden to the property owners would be
difficult to pay.
D. F. Romero, City Engineer, reported that on Brook Street there were ;ten..prop-
erty owners of which seven have signed for the improvement district.
R. Barger, property owner, stated that she was opposed to the formation of a
special assessment district due to the high cost and 'the difficulty placed on
her to. pay this additional assessment.
D. F. Romero stated that the improvements would be put in under the 1911 Act and
the City Council could defer payment over a three year period at 3% interest.
Mayor Schwartz stated that the question before the Council at this time was
whether the City Council wished to hold a public hearing on the formation of the_,
special assessment district as there were less than 50% of the property owners .
signed up for the improvements.
R. D. Miller, Administrative Officer, stated that what the City was ' -doing at...
this time was holding an informal public hearing on the formation o.an assessment
district to see if the property owners were interested.
On motion of Councilman Miller, seconded by Councilman Graham, that the City ;
Council hold a public hearing on September 15, 1969 on the formation of a special
assessment district on Brook Street and South Street from Higuera westerly.
Motion carried. Councilman Spring voting no.
8. D. F. Romero, City Engineer, reported to the City Council on the study.con-
ducted by the Division of Highways for the grade separation at Broad Street at
Freeway 101.
Councilman Miller suggested that this matter be discussed with the Division of
Highways at an open meeting 'in October at City Hall.
D. F. Romero, City Engineer, reviewed for the City Council's information, the
policy for street widening in commercial zones. He suggested that a Council
Committee be appointed to look into this existing policy and see if it is doing.
the job the Council wished on street widening in commercial zones.
Mayor Schwartz appointed Councilmen Blake and Miller as a Council Committee to
meet with City staff and review present policy on street widening in commercial
zones and make rem mmendations to the Council for change, if any.
City Council Minutes
September 2, 1969
Page 5
10. Councilman Miller brought to the Council's attention the matter of water ser-
vice assessed against Tract 374, Paragon Homes, for extension of an adequate water
service from Greta Place to San Marcos Court to serve the tract. He stated that -
the City had required an eight -inch line for extension up Augusta Street to serve
the tract when a four -inch line previously installed by the school district would
be adequate for this purpose. He continued that he felt the City should pay the
extra cost for the larger size pipes to.serve this tract.
1 H. Johnson stated that under City ordinance the developer has the right to appeal
any staff conditions prior to the acceptance of the final map. He.continued that
the developer had signed the subdivision agreement which was subsequently approv-
ed by the Council.
E. P. Thompson, Director of the Water Department, explained the reason for reques-
ting this eight -inch line was to serve the tract adequately and for proper fire
protection.
Mayor Schwartz stated that he did not feel that the City should be required to
go back over all the City water lines and up -date them at public expense as he
felt the prople needing the larger pipes and water supply should pay for them.
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11. H: Johnson, City Attorney, presented to the City Council a report on the
existing anti - litter provisions of the Municipal Code and a copy of the County
regulations relative to litter preventions. He also presented a suggested or-
dinance for adoption by the City Council. He briefed the existing provisions
regarding litter prevention for the Council's information.
Councilman Blake suggested that the matter be referred to the Planning Commission
or the Citizens Advisory Committee for study and report of recommendations to the
City Council.
Councilman Graham agreed that the Citizens Advisory Committee would be a good
group to study this matter.
H' Johnson objected- .to.referring this matter to the Citizens Advisory Committee
as he'felt that the legislative body of the City should be `.involved in the amend-
ing of the law.
Mayor'Schwartz appointed Councilmen Graham and Spring as a.Council Committee to
study the litter and drainage problem and make recommendations to the City Council.
9:15 P.M. Mayor Schwartz called a recess.
9:25 P.M. the meeting reconvened with all Councilmen present.
12. At this time the City Clerk reported on the following bids received for the
Foothill- Cuesta Drainage Channel Lining,'City Plan No. 7 -70.
Engineer's Estimate
Madonna Construction Company
W. G. Watkins Construction Co.
Alternate "B"
$15,657.93
$19,710.00
$21,959.00
Alternate "A"
$19,918.55
$26,702.00
$30,390.00
D. F. Romero, City Engineer, recommended that the low bid on Alternate "A" by the
Madonna Construction Company be accepted.
On motion of Councilman Spring, seconded by Councilman Miller, the contract for
Alternate "A" was awarded to the Madonna Construction Company. Motion carried.
12A. R. D. Miller.-Administrative Officer, explained the budgetary problems in
this contract and requested that the City Council pass a resolution making adjust-
ments in the 1969 -70 Budget.
City Council Minutes
September 2, 1969
Page 6
On motion of Councilman Miller, seconded by Councilman Spring, the following
resolution was introduced. Resolution No. 1973, a resolution making adjust-..
ments in the 1969 -70 Budget.
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
13. At this time the City Clerk reported on the following bids received for the
Andrews Street Bridge. Modification, City Plan No. 6 -70.
Engineer's Estimate $2,500.00
Nielsen Construction Co. $3,250.00
W. G. Watkins $3,591.00
D. F. Romero, City Engineer, recommended that the low bid of Nielsen Construction
Company be accepted.
Councilman Blake moved that the City reject all the bids and call for bids for
the removal of the bridge.
The motion died for lack of a second.
On motion of Councilman Miller, seconded by Councilman Graham, that the City re-
ject all bids. Motion carried. Councilman Spring voting no.
14. On motion of Councilman Graham, seconded by Councilman Miller, the follow-
ing contract payments were approved and ordered paid on September 15, 1969.
Maino Construction Co. Payment 911 $33,173.00
Police Facility
C. S. Construction Co. Est. #2 625.00
Street Resurfacing Project (90% complete)
City Plan No. 20 -69
C. S. Construction Co. Est. #3 1,668.50
Street Resurfacing Project 100% complete
City Plan No. 20 -69'
Madonna Construction Co. Est. #1 7,366.50
Madonna Road Widening 17% complete
City Plan No. 12 -69
Madonna Construction Co.
Est. #1
22,767.48
San Luis Drive Improvement
43% complete
City Plan No. 22 -69
J. A. O'Kelly & Son
Est. #1
9,532.35
Foothill- Johnson Widening
56% complete
City Plan No. 19 -69
15. On motion of Councilman Miller,
was authorized to accept and record
seconded by Councilman Blake, the Mayor
on behalf of the City a covenant for
temporary erection of improvements within the public right -of -way
for a con-
crete block retaining wall adjacent
to 6' integral sidewalk at 250
Kentucky
Street for Ernest J. Block and Lois
B. Block. Motion carried.
City Council Minutes
September 2, 1969
Page 7
15B. On motion of Councilman Miller, seconded by Councilman Blake, the Mayor was
authorized to sign and record on behalf of the City a covenant for the temporary
erection of improvements within the public right -of -way for a retaining wall to
be constructed within the sidewalk area adjacent to Lots 2 and 3, Block 7 of the
Monterey Heights Subdivision, for Robert Karger and Marilyn E. Karger. Motion
carried.
16. On motion of Councilman Spring, seconded by Councilman Graham, the Mayor
was authorized to accept and record on behalf of the City a Grant Deed from
Dorothy M. Tunnell for street widening on Johnson Ave. at Sydney St. Motion
carried.
17. D. F. Romero, City Engineer, presented for the Council's consideration, an
agreement between the City and Frederick R. Mugler and Barbara A. Mugler for
street widening on Johnson Avenue. He continued he was bringing this to the
Council's attention as it was being done under normal Council policy but because
of the amount of money involved he felt the Council should be notified prior
to final negotiation. He continued that due to the amount of land involved and
the loss of trees, the amount to be paid to the Muglers would be $3,797.00.
On motion of Councilman Miller, seconded by Councilman Spring, the Mayor was
authorized to sign the agreement on behalf of the City. Motion carried.
18. On motion of Councilman Miller, seconded by Councilman Graham, the Mayor was
authorized to accept and record on behalf of the City a Grant Deed from Francis
R. Scott and Isabel�A. Scott for street widening on Broad Street.
19. R. D. Miller, Administrative Officer, announced the appointment of
Blair Boyer -to'the position of Maintenance Man II effective 9 -16 -69 at Step 1
or $485 per month subject to a one- year'probationary period.
20. R. D. Miller, Administrative Officer, announced the appointment of
Philip E. Leo to the position of Maintenance Man- Janitor effective 9 -2 -69 at
Step 1 or $435 per month subject to a one -year probationary period.
20A. R. D. Miller, Administrative Officer announced the appointment of
Mrs. Shirley Crandell to the position of stenographer in the Police Department
at Step 1 or $435 per month subject to a one -year probationary period,
effective 9 =1 -69.
Councilman Spring objected to the City constantly hiring out of town people for
employment within the City when they do not even live here at the time of appli-
cation. He stated he could not understand why there wasn't someone living in the
City of San Luis Obispo who could be hired as a stenographer.
Councilman Miller also objected to the apparent City policy of only hiring out of
town people for City employment. He felt City positions should be filled by
local residents and citizens of the community.
R. D. Mille; Administrative Officer, answered as follows. Most qualified local
residents had already taken the better jobs available, and the City's intention
was to find the best qualified persons for City employement, regardless of where
they live before employment. Where qualifications are equal or nearly equal,
every effort is made to have the department head give preference to local residents.
21. E. P. Thompson; Director of Water Department, reported to the City Council
that the center island at the end of Buena Vista Avenue presently not served by
City
water could be served
by one of the following methods.
1.
Extension of a water main in Buena Vista Avenue to an elevation in
excess of 500 feet.
2.
Obtain easements and install a small booster pump and pipelines.
3.
Install a meter on Dr.
Karger's private water system.
4.
Subvene Dr. Karger for
water for landscaping of this property.
City Council Minutes
September 2, 1969
Page 8
He continued that method 1 did not appear to be economically feasible due to
the high cost of lines and.installation to serve this park plot. He felt method
#2 would also be economically unfeasible as it would require the expenditure of
hundreds of dollars to furnish non - revenue producing water. Method #3 is not
commendable to the City Council as it would in effect sub -meter an existing
private water system, and the department has spend thousands of dollars in past
years correcting such irregular connections. Method A would result in
another contribution to the constantly increasing amount of free water demanded
from the water department.
He then presented for the Council's information a summary of water granted from...
the City's water system at this time. He stated he did not feel the water
system could afford any more free service.
E. P. Thompson suggested that the area be, planted with plants that do not re-
quire watering and are easy to maintain.
Councilman Graham suggested that Mr. Thompson go over the suggestion with
Dr. Karger.
Councilman Miller stated he disagreed with the report as presented by .
Mr. Thompson. He felt that the City should give water to Dr. Karger either .
under method 3 or 4 of the report.
Councilman Blake felt the City should help the property onwer develop this
property as a place of beauty within the City, to be done at the least cost
if possible.
On motion of Mayor Schwartz, seconded by Councilman Graham, that E. P. Thompson
and L. Wilson, Park Foreman, meet with Dr. Karger regarding the suggested
planting of low maintenance plants. Motion carried. Councilman Miller voting no.
22. At this time the Administrative Officer, R. D. Miller, presented the
July 1969 inventory of City property for the Council's information.
23. The presentation of plans and specifications for the Highland Drive
Ferrini Road intersection by the City Engineer was continued to 9- 15 -69.
25. Discussion of the comprehensive medical program to be presented by the
Citizens Advisory Committee was continued to the Council study agenda.
26. Discussion of the establishment of a City annexation committee was
continued to the Council study agenda.
27. On motion of Councilman Miller, seconded by Councilman Blake, the following
ordinance was introduced for final passage. Ordinance No. 460, an ordinance
levying a tax for the current 1969 -70 fiscal year upon all taxable property
within the City of San Luis Obispo and fixing the rate of such tax.
Finally passed on the following roll call vote:
AYES: Emmons Blake, Myron Graham, Arthur F. Spring,
Donald Q. Miller, "Kenneth E. Schwartz
NOES: None
ABSENT: None
28. On motion of Councilman Blake, seconded by. Councilman Miller, that
J. H. Fitzpatrick, City Clerk be authorized to leave the state the week of
September 15 -20, 1969. Motion carried.
29. On motion of Councilman Miller, seconded by Councilman Spring, that,
Councilman Blake be authorized to leave the state on September 15,16,17,1969.
Motion carried.
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