HomeMy WebLinkAbout03/09/1970MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
March 9, 1970 - 7:30 P.M.
City Hall
Pledge
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, Park and Recreation
Supervisor; H. Johnson, City.Attorney; R. D. Miller,
Administrative Officer; D. F. Romero, City Engineer;
E. Rodgers, Police Chief; L. Schlobohm, Fire Chief;
E. P. Thompson, Water Department Director.
The minutes of the meeting of February 16, 1970 were approved as presented.
1. Communication from Mrs. J. B. Wiley forwarding a petition signed by 51 persons
requesting-that the City Council take steps to correct a dangerous situation that
exists at the west corner of the intersection of McCollum Street and Grand Avenue.
They requested that until McCollum Street is realigned and curb and gutter are
installed, that the entrance to Grand Avenue be widened by reducing the curb and
Sidewalk to a minimum of three feet and moving the stop sign to the south.
D. F. Romero, City Engineer, explained that residents in the area are requesting
that an existing curb and gutter which is on the proper alignment be removed
rather than requesting removal of a large tree which is in the middle of the
street roadway area. He explained that if the curb, gutter and sidewalk is re-
moved that the City would be obligated to replace it at.some future date when
the street is fully improved. He estimated that it would cost approximately
$25.00 to remove the curb and about $25.00 to put in a temporary asphaltic berm
to control drainage.
On motion of Councilman
approve the request and
berm and keep the tree.
against the action.
2. At this time the Ci
the State of California
College. at North Chorro
Graham, seconded by Mayor Schwartz, that the City Council
remove the curb and sidewalk and replace it with an AC
.Motion carried with Councilmen Blake and Miller voting
ty Council considered an agreement between the City and
for a new entrance road to California State Polytechnic
Street, Ferrini Road and Highland Drive.
D. F. Romero, City Engineer, explained that the project will realign City owned
streets on North Chorro, Ferrini Road and Highland. Drive and the extension of
Highland Drive with State Route 1. The.project will also require the installation
of traffic signals and highway lighting and left turn channelization at the
intersection. He estimated that the City's share of the traffic signal project
would be approximately $12,500 and $16,600-for road construction.
On motion of Councilman Blake, seconded by Councilman Graham, the following
resolution was introduced. RESOLUTION NO. 2023, a resolution approving the
agreement with the State of California for realignment and traffic signals at
the intersection of Ferrini Road, Highland Drive and North Chorro Street with
State Highway No. 1.
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
March 9, 1970
Page 2
3. Traffic_ Committee Report of February 24, 1970.
70 -3 -1T. The Traffic Committee has received a suggestion that a directional
sign be placed on California Boulevard opposite the northbound freeway off -ramp
reading "Motel" and including a left arrow. We feel this is needed and recommend
that this wording be incorparated with the present "Business District ",sign.
The Traffic Committee has received a communication from Lewis McCall; Director
of building, grounds and transportation, asking for several traffic improve-
ments to facilitate the movement of school guses. We are holding over one
suggestion for further study and recommending favorably on two others and
negatively on the final suggestion.
70 -3 -4T. We recommend against Mr. McCall's suggestion that parking be res-
tricted to one side.of the street on Southwood Drive west of Laurel Lane in
the vicinity of the Vidar Plant. We recognize that such a change would make
things a little easier for empty school buses, but we feel that it would work
a severe hardship on the Vidar plant and its employees.
Councilman Graham stated he disapproved of the recommendation of the Traffic
Committee as he felt that the safety of the buses should be protected and that
parking should only be allowed on one side of the street as requested by the
school district.
70 -3 -7T. The Traffic Committee has. received. a request for street lighting on
Auto Park Way which runs a right angles to Los Osos Road. Three single lights
and one double light would be needed, and the installation cost would be $870,
including the cost of undergrounding and aluminum electroliers. The annua1 .
service charge would amount to $348. We so recommend.
On motion of Mayor Schwartz, seconded by Councilman Miller, that the recom-
mendation of the Traffic Committee be accepted. Motion carried.
70 -3 -2T. We recommend favorably on a red zone approximately three car spaces
in length alongside Grove Motors on the west side of Johnson and extending
southerly from Monterey. This would extend to the friveway at the rear and
should facilitate left turns for buses heading westbound on Monterey and going
southerly on Johnson.
70 -3 -3T. We also recommend favorably on extending the existing white bus
loading zone at Emerson School thus eliminating the present green zone beyond
and thus accommodating two buses. This is on the north side of Pismo west of
Nipomo. We feel that this would facilitate the loading and unloading of stu-
dents from buses, and we believe there is enough other free parking in the
area to accommodate passenger cars.
70 -3 -5T. The Traffic Committee has received a request for some short term
parking in the vicinity of the California Park Grocery to protect this estab-
lishment against all day..parking in the area. We recommend that two 24- minute
time limit spaces be established in front of the grocery, this being on the'
west side of Hathway north of California.
Councilman Graham suggested that one additional parking space be established
for limited parking in order to facilitate customers in and out of the property.
70 =3 -6T. The Traffic Committee has received a request from the Division of
Highways for red zoning on either side of the Higuera Street driveway from the
parking lot. We concur in their request and recommend that two red spaces be
painted north of the driveway ramp and one space to the south.
70 -3 -8T. We have received a request for a change in the yield sign on Center
at North Broad to a regular stop sign. This would conform to the other signs
along Broad and would.be a safer installation;.in our opinion. We'so recommend.
On motion of Mayor Schwartz, seconded by Councilman Miller, the following reso-
lution was introduced. RESOLUTION NO. 2022, a resolution establishing no parking
zones on Johnson Avenue and on South Higuera Street; a bus loading zone on Pismo
Street; a green zone on Hathway Avenue; rescinding a yeild sign and establishing
a stop sign on Center Street.
City Council Minutes
March 9, 1970
Page 3
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
70 =3 -9T. The Traffic Committee has been asked by the Planning Commission to
discuss traffic conditions on Perkins Lane with particular reference to pending
zoning considerations. We would like to turn this over to the City Engineer
and ask that he give the Planning Commission his best thinking.
70- 3 -1OT. The Traffic Committee has received a request
that two of the two -hour time limit spaces near -the fro
converted to 30- minute time limit spaces and enforced.
presence of all day parkers. We feel that this problem
alleviated when the Ford agency moves out and therefore
action be taken at this time.
from Lucky Auto asking
it of their store be
They complain about the
will be somewhat
recommend that no
The recommendations _ of the Traffic Committee were accepted.
4. Communication from HUD notifying the City that the deadline for applying for
the "Parks -in- Cities" program has been extended from January 1, to April 30, 1970.
The program is developed to help with the acquisition of property and development
after acquisition of property of parks to serve low income people. Assistance
is available in the form of 50% matching grants to be used as stipulated above.
The letter stated that letters of intent to proceed are usually approved within
one week and that formal applications must follow within 90 days.
Councilman Miller suggested that the City make an application for funds to
acquire and develop the Baumberger property adjacent to Santa Rosa Park.
The matter was referred to the Planning Director and the Director of Parks and
Recreation to prepare a letter of intent for development of Santa Rosa Park
and South Side Park.
On motion of Mayor Schwartz, seconded by Councilman Miller, the staff was author-
ized to proceed with the letter of intent. Motion carried.
5. On motion of Councilman Miller, seconded by Councilman Spring, the Mayor was
authorized to accept and record on behalf of the City, a Deed of Easement from
J. K. and V. L. Anderson for a sewer easement on Meinecke Street. Motion carried.
6. 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 L.E. and
C. E. Gathe and George S. Hadley, Jr. for street widening on Prefumo Canyon Road.
Morion carried.
7. At this time the City Council considered an agreement . between the City and
Mrs. Dorothy J. Naman for a public walkway in the Mission Plaza.
R. D. Young, Planning Director, presented a sketch of the area being granted to
the City for a walkway and landscaping purposes.
H. Johnson, City Attorney, briefed the conditions of the agreement for the,
Council's information.'
On motion of Councilman Blake, seconded by Mayor Schwartz_, the Council approved
the agreement with Mrs. D.J. Naman and the Mayor was authorized to sign on behalf
of the City. Motion carried.
8. Progress report from the Planning Director on the Mission Plaza Project,
Phase I. Mr. Young stated that construction bids were advertised on February 28,
1970 with the bids to be opened April 15 and submitted to the City Council for
their consideration on April 20, 1970. He stated that construction was sched-
uled to begin early in May.
City Council Minutes
March 9, 1970
Page 4
The plans and specifications have several alternates for lighting and pool and
pump equipment so that the City Council could exclude these items when the con-
tract is awarded if they so desired. He stated a revised cost estimate will be
submitted by the architect prior to the opening of bids.
R. D. Young brought to the Council's attention that Mrs. R. Silva has offered
the City 100 birch trees to be planted in the Mission Plaza development. She
stated these trees could be planted along the creek area.
R. D. Young stated he felt the trees offered by Mrs. Silva could be used in
the Mission Plaza.
The City Council asked Mr. Young and Lane Wilson, Park Foreman, to work with
Mrs. Silva in placing her trees in the Mission Plaza area.
9. At this time the City Council discussed the Mission-Plaza after the Phase I
project is underway.
Mayor Schwartz suggested that the City Engineer be authorized to prepare plans to
save the large pieces of broken concrete that are being removed from Monterey
Street in front of the Mission as part of Phase I. He felt these concrete
pieces could be placed on the north side of the creek to stablilize the bank.
He also urged the City Council to keep in.mind the 1972 bicentennial cele-
bration which will be focused in the Mission area. He hoped that the - entire
Mission Plaza development could be completed prior to the 1972 bicentennial
celebration. He also hoped that Broad Street, adjacent to the Mission could
be one way by that date.
The matter was continued for furthur discussion by the City Council.
10. H. Johnson, City Attorney, explained to the City Council the steps that
still must be taken in order to complete the acquisition of the South Side
Park property, even though the owner has agreed to a stipulated judgment for
acquisition of the property:
1) Final wording for the stipulation must be worked out between the parties;
2) A judge must be secured to sign the judgment;
3) The funds necessary to satisfy the stipulated.cash award must be
deposited in the.Court;.
4) The County must advise the Court what sums are owed for taxes and
arrive at a pro- ration;
5) Publication of the summons notifying all persons unknown claiming
any interest in the property of the action must be completed and an
affidavit of publication must be filed with the Court; and
6) Final judgment must be entered and a certified copy therof recorded
in the County Recorder's Office.
Mr. Johnson also explained the conditions of the HUD grant for development of
the property: Payment by HUD of sums to be expended for site development is
contingent to: 1) Approval by HUD of the development program; 2) Expenditure
by the City of donations by local citizens or merchants of labor and materials
equivalent to the City's share of the project;'3) Formal requisition by the
City of funds approved by HUD including appropriate verification of expenditures.
R. D. Miller, Administrative Officer, explained that he felt the City must get
something in writing that HUD would pay one -half of the cost of acquisition.
He felt that if the City proceeded on its own in acquiring the property, this
might foreclose sharing by the Federal government.
Mr. Stanley Nelson, property owner, asked the City Council that he be notified
when plans were made to place sewer and water improvements in the South Side
Park area so that he could join in the development of his property adjacent to
the park. He also asked the to study their plans for development of water in
the adjacent area, and decide whether water must be brought from Higuera Street
or if it could come from Meadow Street. He also asked that the City send him
a letter stating that they will cooperate with water development.
Councilman Spring suggested that a Council committee be appointed to study the
various proposals to serve this area with water.
L
1
1
, III
tJ
City Council Minutes
March 9, 1970
Page 5
Mayor Schwartz suggested that Mr. Thompson, Director of the Water Department, be
asked to prepare alternate proposals for serving the South Side Park area with
water.
Councilman Miller felt that a Council committee should be appointed to study the
proposals and make a recommendation to the Council.
Councilman Graham agreed.he would like to see all the alternates for serving
this area with utilities.
R. D. Miller, Administrative Officer, stated it was his impression that all the
Council would like to review the various proposals for water service to this
area and he suggested it be reviewed by the entire Council.
Councilman Blake stated he had faith in the City Engineer and the Director of
the Water Department and he would like to have the entire Council review the
alternates.
E. P. Thompson, Water Department Director, was asked to submit alternates for
the development of water service to the South Side Park area.
Mayor Schwartz suggested that the proposals be presented to the City Council at
a study session.
12. On motion of Councilman Miller, seconded by Councilman Graham, the following
contract payments were approved and ordered paid. Motion carried.
Midway Electric Co. Est. #4 $ 299.14
Traffic Signal Installation (Including C.O. #1
City Plan No. 2 -70 $62.48)
Midway Electric Co.
Traffic Signal Installation
City Plan No. 2 -70
Est. #5 $1,089.25
(Final)
13. Communication from L. B. Weigold, 100 Foothill Boulevard, regarding street
widening on Foothill Boulevard and permission from the Council to hook up to
City utilities for.his home at 100 Foothill Boulevard. He stated that it was
his understanding that for the privilege of connecting to City sewer and water
service he would pay for the service and would not contest annexation and would
also agree to convey property to the City for street widening in accordance
wity City policy, including installation of curb, gutter and sidewalk. He stated
that subsequent to the original meeting with the Council the City Engineer had
suggested that he make formal application for curb, gutter and sidewalk, as it
was the;City Engineer's opinion that the Council wished annexation and street
widening at an early date.
He stated that it was his impression that the City Council desired annexation
and street widening as part of an. orderly process involving other properties
al.ong Foothill Boulevard, and not immediately,. He hoped the City Council .agreed
with this.understanding. He continued that the need for City utilities remained
critical, and he wished Council confirmation of his interpretation of the prior
Council action.
H. Johnson, City Attorney, stated that he had drafted an agreement that provided
for the property owner to take all necessary steps to initiate annexation at such
time as the City requested him to proceed and to install curb, gutter and sidewalk
improvements when the City Engineer requested him to do so. Payment for the
widening was stated in the agreement to be in accordance with City policies but
any difference between the payment for the.widening and the cost of the improve-
ments would be the responsibility of the property owner. The proposed agreement
provides for no lien rights against the property since it was assumed that the
property owner would pay in advance for the required improvements.
D. F. Romero, City Engineer, stated it was his understanding that in return for
the privilege of connecting to City sewer and water facilities, Mr. Weigold would
sign an agreement stating he would not protest annexation, but it was his impres-
sion that the City Council wished immediate street widening.
City Council Minutes
March 9, 1970
Page 6
Councilman Blake stated it was his understanding that the Council wished annex-
ation and street widening, but at a later date.
Mayor Schwartz stated it was his feeling that as a condition for sewer and water
connection to the property outside the City that the land dedication and the curb,
gutter and sidewalk would be put in immediately, but that the annexation would be
handled at a later date.
H. Johnson commented on the affect of the agreement on future street widening.
It has always been the policy of the City to require the.property owner to pay
in cash at the time the improvements are installed. Any difference between
(excess over) the cost of the public improvements and the cost of the land. If
the City starts to bankroll installation of such improvements., this could repre-
sent a substantial budget item.
Mayor Schwartz suggested that the Council could either defer action on the dedi-
cation of the property, street widening and street improvements to a later date
with an agreement from the property owner guaranteeing such installation, or the
Council could stick with their original decision and proceed immediately with
street widening and improvements.
D. F. Romero, City Engineer, explained that the City's expense for the widening
would be much more than the property owner's.
Mr. L. Weigold appeared before the City Council on behalf of his appeal. He
requested postponement of the street widening and street improvements, due prim-
arily to financial hardships at this time as he has invested a substantial amount
in the extension of sewer and water services to his residence so that it will be
fit to live in.
On motion of Mayor Schwartz, seconded by Councilman Miller, that the City Council
amend the agreement with Mr. Weigold to assure lien rights for widening and street
improvements when the City Engineer feels the street improvements are necessary,
but that the installation of improvements be postponed, subject to immediate
steps to be taken by the property owner to annex to the City. Motion carried.
9:45 P.M.. Mayor Schwartz declared a recess.
9:55 P.M. The meeting reconvened with Councilman Donald Q. Miller absent.
14. Communication from T. Harding, Deputy Director of Civil Defense, recommending
that W. L. Hastie, professor of military science at Cal Poly, be appointed to the
Civil Defense and Disaster Advisory Board.
On motion of Councilman Blake, seconded by Councilman Spring, W. L. Hastie was
appointed as a member of the Civil Defense and Disaster Advisory Board. Motion
carried.
15. Communication from the California Regional Water Quality Control Board,
notifying the City Council of Public Law 660, 84th Congress, regarding sewage
treatment construction grants available to cities for enlargement and improve-
ment of sewage treatment facilities.
D. F. Romero, City Engineer, stated that the City will soon need an additional
study in order to provide guidance for future plant expansion; however, the timing
is such that the City could not apply for construction grants in the near future.
He stated that he would have an item in next year's budget requesting funds for
such an engineering study.
16. Communication from George F. Wollinger, Jr., requesting Council extension
of one year for the tentative map of Tract 377.
On motion of Councilman Blake, seconded by Councilman Graham, the request was
approved.
17. At this time the City Council discussed holding additional meetings in order
to handle City business.
City Council Minutes
March 9, 1970
Page 7
i
Mayor Schwartz stated that Councilman Miller had suggested that the City Council
meet each Monday of the month, with three monthly regular business sessions and
one study sessi.on.
Mayor Schwartz stated he felt that the City Council should continue holding two
regular business sessions, but in addition, meet on`the fourth Monday of each
month for a study session only.
Councilman Spring suggested that the City Council continue with their two regular
meetings.on the first and third Monday evening trom 7:00 P.M. until 11:00 P.M.
and also have two study sessions on the same dates from 12:00 Noon to 2:00 P.M.
to take care of routine business.
Councilman Blake suggested that the City Council continue with their two regular
business sessions and add a.study session on the second Monday.
It was the consensus of -the Council that the City.Council hold regular.business
sessions on the first and third Monday of each month and hold a study session on
the second - Monday..
18. Councilman Spring reported on the study conducted by the Council committee
studying the City's Business License Ordinance. He stated the committee felt that
there were many inequities in the existing Ordinance. He felt that all businesses
should be place on a gross receipt basis, including professions and miscellaneous
businesses now on a flat rate. He stated.that as the Ordinance is presently
written, the business licenses on a gross receipt basis are constantly going up
along with the economy but those on a flat rate basis have not been adjusted since
the Ordinance was initiated. -He stated that one alternative to placing all
businesses on a gross receipts basis would be to establish a maximum fee for
each category and then allow the licensee to either pay the maximum fee or sub -
mit.his gross receipts fo.r calculation of the license.
Councilman Graham, the other member of the Council committee, agreed that all
businesses should be on a gross receipts basis•.so that all business licenses
could be equitable.. -
Councilman Spring felt that the business licenses on a flat rate were not equit-
able as they do not take into account increases in the cost of living and the
cost of doing business.
R. D. Miller, Administrative Officer, reported to the City Council on the amount
of revenue received from all business licenses and the percentage of the City's
total revenue collected from such revenue.
Gouncilman Blake suggested the committee review all sections of the Ordinance
that they felt should be amended, and then the Council could hold hearings on
the adoption of a new business license ordinance.
The City Council requested the committee to meet again and finalize the fees for
each category so that the entire ordinance could be considered for amendment.
19. Communication from R. E. Williams, Civil Engineer representing Care Construc-
tion Company, which is building a convalescent Hospital on Meinecke Street. Mr.
Williams brought to the Council's attention the immediate need by the developers
of the hospital to settle the sewer problem as they wished to start construction
within 30 days. They felt that if they connected to the existing sewer line it
might cause breaks and stoppage of service. He continued he understood that the
City dbd not have the funds to construct a new sewer line in Santa Rosa Street at
this time. He stated that Care Construction Company hoped an agreement could be
entered into between themselves and the City to allow Care Construction to place
the necessary sewer line in Santa Rosa Street and then be reimbursed by the City
for actual costs when the funds were available in the next fiscal year.
Mayor Schwartz stated he felt that the City Council could only alter the 1969 -70
budget for this project if funds were available and authorize the City Engineer
to prepare.plans and specifications, but not call for bids until the necessary
funds were available.
H. Johnson, City Attorney, stated there was no way the City Council could accept
the offer made by Mr. Williams to allow the developer to put in the sewer exten-
sion now and then be reimbursed by the City at a later date.
City Council Minutes
March 9, 1970
Page 8
D. F. Romero, City Engineer, stated that the estimated cost to place a sewer line
in Santa Rosa between Meinecke and Murray would be $16,000.
R. D. Miller explained to the City Council that there were no funds available in
the current budget that could be transferred to cover the cost of this project.
He listed for the Council's information expenditures above the sewer budget that
had occured due to emergencies at the sewer plant.
R. E. Williams stated that his principal has the following alternatives:
a) leave the existing 6 -inch line on the property and build the building over the
line;
b) Improve sewer service to the general area;
c) The developer would be happy to put in the sewer line, according to City
specifications, if the City could find some way to reimburse the developer
at a later date;
d) The developer felt that the City should find some way to put in the sewer line
now, as it is needed by all of the property owners in the general, not just
the hospital.
F. McNamara, realtor for the property owner, stated it was his opinion that the
existing sewer line is inadequate as leaks occur all the time. He felt it was a
health problem and should be corrected whether the hospital goes in or not.
R. E. Williams again asked if it were possible for the City to prepare -plans and
specifications for the work.and then let the developer loan the City funds for
the project with the City to reimburse the developer when funds become available
during the next fiscal year.
H. Johnson again explained the reasons for the City not being able to participate
in the offer with the developer.
It was the Council's opinion that this matter should be referred to the Council's
budget study sessions.
20. Mayor Schwartz brought to the Council's attention the matter of the appli-
cation by Walter Brothers Construction Company of San Luis Obispo for a use
permit from not only the City but also the County for a quarrying and mining
operation on Islay Hill which is located in both the City and County of San Luis
Obispo. He continued that the County Planning Commission would hold a public
hearing on the request for a use permit on Wednesday and he felt.that the City
Council should take steps to oppose this a.nd all quarrying operations in the City.
He continued that such quarrying operations were a threat to the appearance of
the City and should be prohibited.
Councilman Blake.stated he agreed that the City Council should take action to
prohibit quarrying operations in the City even if it meant throwing their bodies
in front of the trucks.
Councilman Graham agreed something should be done to protect the community from
such operations.
Councilman Spring also felt this type of operation should be prohibited. He felt
other means of obtaining materials could be found.
On Motion of Mayor Schwartz, seconded by Councilman Spring, the following reso-
lution was introduced. RESOLUTION N0. 2020, a resolution protesting and recommend-
ing disapproval.of the application of Walter Brothers to establish a quarrying
operation on Islay Hill.
Councilman Donald Q. Miller was contacted for his feelings on this matter. He
stated he wished to register an aye vote on the resolution protesting the quarry-
ing operation.
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
21. The City Clerk reported to the City Council that a claim for al.leged damages
to 1327 and 1335 Palm Street by a broken water main had been filed by F. Warner Law
The. claim was referred to the City's insurance carrier for investigation.
On motion of Councilman Graham, seconded by Councilman Spring,the meeting adjourned.
APPROVED: April 6, 1970
PATRICK, CITY CLERK