HomeMy WebLinkAbout03/16/1970MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBIPSO, CALIFORNIA
- March 16, 1970 - 7:00 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; R. D. Miller, Administrative Officer;
D. F:. Romero, City Engineer; L. Schlobohm, Fire
Chief; E. P. Thompson, Director.of Water Department.
1. On motion of Councilman Blake, seconded by Councilman Miller, the following
consent items were approved:
A. Minutes of the meeting of February 27, 1970
B. Claims against the City for the month of March 1970
C. Notification from the Board of Supervisors of a public hearing on
the formation of an Air Pollution Control District in San Luis
Obispo County, to be held April 6, 1970 at 10:00 A.M. in the
Supervisors Chambers.
2. Consideration by the City Council of the appeal of S. V. Cole from the order
of the City Engineer to remove an obstruction in San Luis Creek, and consider-
ation of the engineering study for eliminating the obstruction were continued
for thirty (30) days at the request of Mr. Cole.
3. D. F. Romero, City Engineer, presented to the City Council the fifth list
of drainage obstructions, dated March 5, 1970.
Location Nature of Obstruction Owner
1050 Foothill Footbridge in Channel Cal Poly Development
He explained the nature of the obstruction and its potential hazard to Stenner
Creek.
On motion of Councilman Bl.ake, seconded by Councilman Graham, that the City
Council recognizes this bridge as a hazard and authorizes the City Engineer to
notify the property owner and proceed with the abatement.
7. Communication from Assemblyman R. G. Beverly and Assemblyman William Ketchum
regarding flood insurance coverage, was referred to the City Engineer and City
Attorney on March 1, 1970 for study and report.
D. F. Romero, City Engineer, reported that the City Attorney had decided to
write to the federal government for recommendation for the City to follow in
order to qualify for this flood insurance coverage.
The matter was continued for the City AttornEty's report.
8. Communication from the San Luis Coastal Unified School District notifying
the City Council that the Nuss Pool is in need of extensive repair work beyond
normal maintenance. The School District continued that:origihally the pool was
built through the cooperation of the County, City, School District and private
citizens. The Board of Education would like to know if the City Council is
interested in continuing their interest in financially participating in the
necessary capital improvements to maintain Nuss Pool for continuing use.
City Council Minutes
March 16, 1970
Page 2
R. D. Miller, Administrative Officer, explained the history of the City's par-
ticipation in Nuss Pool. The City had contributed $30,000, the County $35,000
and the public approximately $30,000 in two separate public subscription campaigns
with the understanding that the School District would provide the site and assume
responsibility of maintenance.
Councilman Miller stated he felt that the pool belonged to the School District,
that it was turned over to them as a new pool, and any costs for necessary
maintenance should be borne by the School District. He felt that no additional
City funds should be contributed.
Councilman Graham stated he felt the City has some responsibility as the pool
is part of the school recreational program and is used by the citizens of the
community.
Councilman Blake stated he felt that the City had taken care of its obligation
for the maintenance and operation of the Nuss Pool through school taxes paid by
the citizens of the City and they should not be asked to pay additional funds.
Mayor Schwartz stated he agreed that the School District owned the pool and
should be responsible for maintaining the pool in good condition.
Councilman Spring also agreed' that the pool was School District property and
should be maintained and operated by them as an educational facility and then
charge fees for public use.
It was the common consent of the City Council that they did not wish to con-
tribute to the maintenance or major repair of the Nuss Pool.
On motion of Councilman Blake, seconded by Councilman Spring, that the City
Council of the City of San Luis Obispo did not wish to participate in capital
improvements of the Nuss Pool. .Motion carried.
9A. D. F: Romero, City Engineer, presented for the Council's consideration,
plans and specifications for the Meinecke and Benton Way sewer project.
He estimated the cost of the project to be approximately $2400. Mr. Romero
explained the scope of the work and what was to be accomplished under the contract.
On motion of Councilman Spring, seconded by Councilman Miller, the plans and
specifications were approved and the City Engineer was authorized to call for
bids. Motion carried.
9B. D. F. Romero, City Engineer, presented for the Council's consideration,
plans and specifications for the sewer line on Santa Rosa Street from Meinecke
to Murray.
D. F. Romero explained the scope of the work and what was to be accomplished
under the contract. He estimated the cost of the project to be approximately
$15,200.
On motion of Councilman Graham, seconded by Councilman Miller, the plans and
specifications were approved, but no call for bids was authorized at this
time. Mot.ion carried.
9C. D. F. Romero, City Engineer, . presented for the Council's consideration,
plans and specifications for the extension of the storm drain on Santa Rosa
at Monterey Street at the Hysen. Johnson Ford corner, to be constructed in con-
junction with the new Shell Oil Station on that corner.
He estimated that the cost of this project would be approximately $10,000. He
continued that'Shell.0il Company needed the plans and specifications in order
to proceed with the construction of their station. 'Mr. Romero also presented
for the Council's consideration an agreement between the City and Shell Oil
Company for work to be accomplished on the storm drain.
City Council Minutes
March. 16, 1970
Page 3
On motion of Councilman Graham, seconded by Councilman Miller, the plans and
specifications were approved, the City Engineer was authorized.to call for bids
and the Mayor was authorized to sign the agreement between the City and Shell
Oil Company for work to be accomplished on the storm drain, subject to approval
of the City Attorney. Motion carried.
9D. At this time the City Council considered the final map of Tract 395,
Mission Tract.
D. F. Romero, City Engineer, presented the final map for the Council's consider-
ation. He stated it was technically correct and could be approved by the City
Council. He also submitted for the Council's consideration, the Subdivision
Agreement for Tract 395, which is subject to the following conditions:
1. The developer shall dedicate a 10 -foot sewer easement and install 'a
sewer line to Southwood Drive and shall be entitled to such reimburse-
ments as are. specified under Section 7500.7 of the Municipal Code.
2. The developer shall provide an easement for discharge of storm
drainage.
3. Lot exceptions are granted as needed for Lots 4 and 6.
4. The subdivider shall pay the City the sum of $395.50 (1.13 acres
@ $350.00 per acre) connection charge to the City water system in
accordance with Section 7410.5.1 of the Municipal Code.
On motion of Councilman Graham, seconded by Councilman Miller, the following
resolution was introduced. RESOLUTION NO. 2025, a resolution approving the
final map of Tract 395, Mission Tract.
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
9E. D. F. Romero, City Engineer, presented for the Council's consideration,
five alternate plans for development of Parking Lot #12 located at the corner
of Nipomo and Higuera Streets._ He explained the ingress and egress for each
plan and listed the advantages and disadvantages to the City and to the parker.
Councilman Blake objected to the inclusion of additional land to the previously
acquired City owned property.
Councilman Spring stated he felt that it would be a waste of funds to buy more
parking lots in the area as he felt there would be no need for additional parking.
Councilman Miller felt that the City should acquire any available land along
San Luis Creek for protection of the creek and for open space for the citizens
of the communtiy.
Councilman Spring stated he was opposed to the purchase of additional land for
parking in this area and was still opposed to the development of a parking lot
at Nipomo and Higuera.
D. F. Romero listed for the Council's
information, the cost per space and the
number of spaces in each parking lot
scheme.
R. D. Miller, Administrative Officer,
explained the status of the
off street
'
parking revenues as of this time as follows:
The estimated balance
at the end
of this fiscal year would be $91,000
reduced by the $44,000 added
to the budget
in mid -year for the first acquisition
and the purchase of meters
from the City
of Tulare. This should leave enough
money for acquisition of the
second parcel
and some funds.for development.
Councilman Spring stated he was opposed to the purchase of additional land for
parking in this area and was still opposed to the development of a parking lot
at Nipomo and Higuera.
City Council Minutes
March 16, 1970
Page 4
Councilman Blake stated he felt the City made a mistake in buying land for a
parking lot at Nipomo and Higuera. He further stated that he felt that the
City could control the creek without buying all the land adjacent to it.
Councilman Miller stated he was in favor of purchasing additional land adjacent
to Parking Lot #12 to be used for open space. He felt that scheme A would serve
the public best. '
Councilman Graham agreed with the comments of Councilman Miller that additional
land could be developed for park and open space uses. He felt that parking
lots on the perimeter . of the City's downtown area were needed, especially for
future use when autos were eliminated from the downtown area.
Mayor Schwartz stated he agreed with Councilmen Spring and Blake that the lot
would be of low use for the immediate future, but he felt in the long run that
parking lots on ther perimeter would be an-improvement for the downtown area
and felt that on this basis the City should purchase additional land adjacent
to parking lot 12.
On motion of Councilman Miller, seconded by Councilman Graham, that the City
Council instruct the City attorney to begin negotiations for the property
adjacent to parking lot 12.
Motion passed on the following roll call vote:
AYES: Myron Graham, Donald Q. Miller, Kenneth E. Schwartz
NOES: Emmons Blake, Arthur F. Spring
ABSENT: None
4. At this time the City Council held a public hearing on the recommendation
of the Planning Commission to rezone from R -2 8 R -3 to R -H that property located
at 1418 and 1420 Carmel Street.
R. D. Young, Planning Director, presented the following reasons for the recom-
mendation of the Planning Commission:
1. The subject property consists of two parcels 50 x 150 feet in dimension.
One parcel is presently zoned R -3, the other R -2.
2. The applicant is proposing to develop a fourplex on each parcel.
3. The General Plan proposed high density residential use of this
general area.
4. The Commission was of the opinion that the requested R -H zoning on
the R -2 parcel would be a logical extension of the adjoining high
density residential district and since the R -3 District is obsolete
it would appropriate to zone the R -3 parcel to R -H.
Mayor Schwartz explained what uses could be made under land zoned R -2, R -3,
R -4, R -0 and R -H. He also explained requirements such as tenant parking.
Mayor Schwartz declared the public hearing open.
Mr. Troy Murray, developer, stated that he plans to build one four -unit apart-
ment on each lot. He stated that under the present zoning he could build seven ,
units, but would like to build the two., four -unit apartments on these two lots.
Mr. S. Clensos appeared before the City Council objection to the proposed
rezoning on the basis that the area surrounding the proposed change was already
owned and maintained by low income families and that the intrusion of high
density development in the area would be a detriment to these properties. He
hoped that the City Council would not approve the requested rezoning which he
felt would be a detriment to the living environment of the neighborhood.
City Council Minutes
March 16, 1970
Page 5
Mayor Schwartz declared the public hearing closed.
Councilman Spring stated he had no objection to the proposed use or the rezoning
as long as it conformed to City standards.
Councilman Blake agreed with Councilman Spring. He stated he would not oppose
the requested rezoning.
' Councilman Miller stated that in view of the three rezoning applications this
evening in the same general area of the City, he felt that the Planning Com-
mission should start looking into its General Plan and zone this area for its
proper use. Further, he felt that as the City rezoned these areas for higher
use, high density developments were built . which displaced the poor, low income
people who now lived in their own homes in the R -2 zone.and who could not afford
to pay the. rent in the new developments.
Councilman Graham stated'he felt that properly developed units could be built
in this area.so that low.income people could rent them. He .felt that proper
development of the land would allow this.
Mayor Schwartz stated that timing was the most important element in the rezoning
of- property. He felt that the present R-2 allowed proper development and felt
that if the present property owners were interested in keeping the area as low
density residential they should have asked for rezoning to R -1. He felt this
rezoning was proper and should be allowed..
On motion .of.Councilman Graham, seconded by Councilman Spring, the following
ordinance was introduced. ORDINANCE NO. 480, an ordinance amending the Official
Zone Map of the City of San Luis Obispo. (To rezone from R -2 6nd,R -3 to R -H
that property located at 1418 and 1420 Carmel Street)
Passed to print on the following roll call vote:
' AYES: Emmons Blake, Myron Graham, Arthur F. Spring,
Kenneth E. Schwartz
NOES: Donald Q. Miller
ABSENT: None
5. At this time the City Council held a public hearing on the recommendation of
the Planning Commission to rezone from R72.to R -H that property located on Lot 1,
Block 'l of the resubs of Block 151,.Hartford Addition, commonly known as
200 Branch Street.
R. D. Young, Planning Director, presented the recommendations of the Planning
Commission as follows:
No one appeared before the City Council in opposition to the proposed rezoning.
Mayor Schwartz declared the public hearing closed.
1. The subject property is located in an area which is proposed for high
density residential use on the General Plan map.
2. The density requirements of the R -H District would
permit the property
to be developed with a maximum of six units.
3. The Commission was of the opinion that since this
area has experienced
very little new construction or remodeling in recent
years, it would
be appropriate to zone the subject property R -H in
accordance with
the General Plan.
Mayor Schwartz declared.the public hearing open.
Mr. S. Corob applicant, urged the City Council to approve
the recommended zoning.
He stated it was his intention to build residential units
on the property which
would be leased to the City Housing Authority to rent to
low income elderly
people. He stated that the proposed development was'very
close to a commercial
shopping center on Higuera Street and the elderly people
would be able to take
care of their needs without an automobile.
No one appeared before the City Council in opposition to the proposed rezoning.
Mayor Schwartz declared the public hearing closed.
City Council Minutes
March 16, 1970
Page 6
Councilman Graham stated he would support the requested rezoning for development
of housing for low income people.
Councilman Blake stated he wondered why the request for rezoning was for only one
lot in the block when the balance of the block was zoned R -2 and developed into
single family dwellings. However, he felt that the proposed development was a
proper one for the area and felt that the high density was good development for
the neighborhood, especially with the adjacent commercial development. 1
Councilman Miller stated that he did not feel the Planning Commission was doing
its duty in these piecemeal recommendations for zoning to high density in this
older part of the community. He continued that the School District had made
a study of the entire Emerson - Hawthorne area and suggested that the Planning
Commission also look into the area, as the poor people now living in the area
would be unable to continue paying rent if the City continued to rezone to
higher density to increase land values for developers. He felt that further
invasion of these developments would run the old and.the.poor out of the area.
He suggested that if the Planning Commission didn't wish to do their job of
studying the entire area they should resign.
Councilman Spring stated he felt that this rezoning should have taken in a
larger area of the.adjacent properties.
R. D. Young, Planning Director, stated that adjacent property owners could have
been included in the rezoning if they so desired. He stated the Planning
Commission tried to.encourage the applicants to contact neighbors to include
them in a larger rezoning but they could not force this as the majority of.the
people felt that a rezoning would increase.their property taxes.
Mayor Schwartz stated he felt that this land and general area are not ready
for more development. He stated the people in this area have homes that are
well maintained and they have no desire to tear down these homes for multiple
development. He did.not feel that this rezoning was appropriate at this time'
for this type of development.
Councilman Miller again stated he felt that this was a good area and a good
neighborhood. He felt that with a little support from the City this area
could be uplifted.. He felt the City should encourage the area to uplift itself
and that a good character of living should be.encouraged.
Councilman Graham wished that.the City could-upgrade the neighborhood without a
dramatic change in zoning to increase density.
On motion of Councilman Miller, seconded by Mayor Schwartz,.that the requested
rezoning be denied.
Motion carried on the.following. roll call,vote:
AYES: Donald Q. Miller, Arthur F. Spring, Kenneth E. Schwartz
NOES: Emmons Blake, Myron.Graham
ABSENT: None
6. At this time the City Council held a.public hearing on the recommendation of
the Planning Commission to rezone from R -2 to R -H, Lots 5 and 6 of the resubs
of Block 152, Hartfords Addition, commonly known as 129 and 141 Beebee Street.
R. D. Young, Planning Director; presented the recommendation of the Planning
Commission as follows:
1. The subject property is located in an area which is proposed for high
density residential use on the General Plan.
2. The density requirements.of.the R -H District would permit the property
to be developed with a maximum of 12 units.
3. The Commission was of the opinion that since this area has experienced
very little new construction or remodeling in recent years, it would be
appropriate to zone the subject property R -H in accordance with the
General Plan.
City Council Minutes
March 16, 1970
Page 7
Mayor Schwartz declared the public hearing open.
Mr. S. Corob, applicant, urged the C1ty Council.to rezone the property as recom-
mended by the Planning Commission. He stated that the adjacent property owner .
of lot four would like to have his lot rezoned to R -H also, but at the time he
made his request the property owner was out of town. He stated that he and his
neighbor had requested this rezoning in order to build a development, which upon
' completion would be leased to the City Housing Authority.for rent to low income
elderly people.
No one appeared before the City Council in opposition to the requested rezoning.
Mayor Schwartz declared the public hearing closed.
Councilman Miller stated he did not oppose this rezoning as strongly as he had
the prior one due to the fact that the property backs up to a commercial zone
on the east and a commercial zone on the north.
Councilman.Blake stated he agreed with the recommendation of the Planning .
Commission. He felt this would be a good development for this property.
Mayor Schwartz stated he opposed this rezoning for
he had the previous rezoning request. He felt the
this multiple development would just tear down the
He felt that rezoning of this property would be pri
deterioration of the adjacent property as a result
higher profit.
basically the same reasons
neighborhood was stable and
neighborhood that much faster.
amature and would cause
of attempts to upzone for
Councilman Blake stated he felt the neighborhood is changing, and with the
completion of the greyhound bus station the character of the neighborhood would
change even more. He felt that multiple developments would be needed in this area.
On motion of Councilman Blake, seconded by Councilman Spring, the following -
ordinance was introduced. ORDINANCE NO. 481, an ordinance amending the Official
Zone Map of the City of San Luis Obispo. (To rezone from R -2 to R -H that
property known as 129 and 141 Beebee Street)
Passed to print on the following roll call vote:.
AYES: Emmons Blake, Myron Graham, Arthur F. Spring
NOES: Donald Q. Miller, Kenneth E. Schwartz
ABSENT: None
9:35 P.M. Mayor Schwartz declared a recess.
9:50 P.M. the meeting reconvened with all Councilmen present;
-10. At this time the City Council heard a report from the Council Committee
studying the desirability and feasibility of the introducti.on of a mandatory
garbage and refuse collection ordinance. (Councilmen Glake. and Spring). The
Committee reported that a number of meetings were held with the City staff,
members of the County Health Department and officers if the Garbage Company.
As a result of these meetings the committee had come to the conclusion that
compulsory collection of garbage, refuse and garden trimmings would be reasonable
in cost, would make for a cleaner City and would be feasible from an administra-
tive standpoint.
The Committee further stated that if a program of mandatory garbage collection
were enacted it would be possilbe to ban all outside burning other than home
barbeques and a limited type of weed control.
In discussion with the Garbage Company representatives it was determined that a
rate of $2:50 per month could be established for a combined garbage pickup at
the rear of the residence and garden pickup at the curb, both of these on a
weekly basis. The commercial rate would remain the same, including apartment
houses.
City Council Minutes
March 16, 1970
Page 8
The committee proposed that the collection of monies for the garbage service
would be accomplished along with the water.bills on a bi- monthly basis, with
one -half the City being billed one month and the remaining half billed the
following month.
The Committee recommended that to compensate the City for the extra work and
expense, the Garbage Company franchise payment would be increased-from 2 -3/4% '
to 5 %. Additional savings to the Garbage Company would be the elimination of
the preparation of the garbage bills, the cost of mailing the bills, and the
processing of payments. The.customer would save the cost of writing and mail-
ing a separate check for garbage collection, as it would be included in their
billing for water and sewer.
The Committee also recommended that the City would continue its present policy
of not accepting partial.payment on utility bills, and failure to pay the bill
would result in discontinuance of all three services, water, sewer & garbage.
The Committee sincerely .felt that a compulsory ordinance including the above
provisions would result in a cleaner community, not only along our streets.,
natural waterways and backyards, but also in the air we breathe.
The Committee recommended that the City Council give this matter very careful
consideration.
R. D. Miller, Administrative Officer, presented for the Council's consideration
a group of reports prepared by the County Health Department regarding mandatory
garbage removal from private residences.
Mayor Schwartz suggested that the Council should also consider waste ru.bbish
and refuse collection, in addition to garbage collection.
Councilman Miller stated he would support the mandatory garbage collection
ordinance, but he would like it to be known as solid waste collection. He
also supported a ban on all outdoor burning.in the City. He stated he hoped
his colleagues on the Council would process post haste.
Mayor Schwartz reported to the City Council on a meeting held with all the
mayors of the cities in San Luis Obispo County and the executive committee of
the County Board of Supervisors, who were working on an air pollution control
district for the County of San Luis Obispo. He stated he felt that the County
was moving ahead to form this district and he hoped that the cities of the
County would move ahead in cooperation with the County and ban outdoor burning
and provide a means of removing solid waste from private property within the
City. Mayor Schwartz suggested that the committee prepare an ordinance for the
Council's consideration and that public hearings be held prior to consideration
and adoption.
The City Council asked that the City Attorney prepare a tentative ordinance
based on the recommendations of the committee and that a public hearing be
scheduled for April 6, 1970.
The Council also asked that posters be placed on the walls of the Council
Chambers outlining the proposed ordinance.
Communication from C. R. Russell, Chairman of.the Ecology Committee of the
Chamber of Commerce, supporting the Council's efforts in cleaning up the
community and initiating a compulsory garbage collection ordinance. They
suggested that the Council could go one step further by having garbage pick ups
twice a week during the summer months in order to control flies in the
community.
On motion of Mayor Schwartz, seconded by Councilman Graham, the following
resolution was introduced. RESOLUTION NO. 2026, a resolution supporting the
formation of a pollution control district in the County of San Luis Obispo.
City Council Minutes
March 16, 1970
Page 9
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. Councilman Donald Q. Miller suggested that the City Council take some action
to ask the City School District to eliminate trash burning in their i�nti.nerators
on school property in violation of the existing City ordinance. Councilman Miller
stated that these schools burn their trash every afternoon and it is quite annoy-
ing to the adjacent. property owners. He continued that apparently the inciner-
ators are not properly used, as there is an excessive amount of odor and smoke.
Councilman Blake stated that at Sinsheimer School they not only burn the class -
room papers but the garbage left over from the students lunch, which in many
cases consists of food which is very difficult to burn. He suggested that the
City Council ask the School District to stop burning and to remove all their
incinerators:
Councilman Miller also asked that the Building Department contact the manager of
the Safeway Store to see if they can arrange better control of their trash and
litter at the rear of the store.. He continued that there is apparently no con-
trol at this time as many afternoons trash is scattered all over the rear parking
lot and on adjacent properties.
On motion of Councilman Miller, seconded by Councilman Spring, the Mayor was
authorized to write a letter to the School District requesting that they stop
burning garbage and trash within the City. Motion carried.
12. Councilman Arthur F. Spring reported to the City Council on the study made
by the Council Committee studying City business licenses. (Councilman Spring and
Councilman Graham).
The Committee reported that they had studied the existing City ordinance, the
model ordinance from the League of California Cities and ordinances from other
communities. They felt that the existing ordinance with the exception of a
few catagories, was adequate and fair to all classifications.'
Councilman Spring continued that the existing ordinance was adopted in 1953 and
had not been amended since that time, as most businesses covered in the ordinance
paid on a gross receipts basis and the fees had increased as the economy moved
ahead. However, in the case of flat rate license fees, no adjustments had been
made in'17 years and their fees had not increased at the same rate as those
businesses based on gross receipts. Therefore, the committee made the following
recommendations:
1. 'Section 6100.24 - Professions and Vocations
That the minimum fee be increased to $50.00 per year for the first two years
in business, and.after two years the sum of 3100.00 per year. The businesses
in this catagory have the option of paying the minimum license or submitting
a gross receipts for calculation of the license.
2. Section 6100.29 - License Tax, Flat Amount
The committee recommended the following changes: Hospital be increased to
' $250.00 per year. Patrol Service be increased to $75.00 per year. Travel
Service be increased to $100.00 per year.. Court:Reporter be transferred to
Section 6100.24. That the lecense for house cleaning and knife sharpening
be reduced to $10.00 per year.
Councilman Spring continued that the committee recommended that all three existing
sections involving trucking, Sections 6100.28, 6100.31 and 6100.32, be combined
into one section based on the unladen weight of the vehicle., This recommendation
was made on the basis that it would be more equitable, would be fairer to all
trucking operations and could be legally enforced if everyone were treated the
same.
Ci.ty Council Minutes
March .16,, .1.970
Page 10
The committee also recommended that Section 6100.19 be amended by adding
apartments with four or more units. This classification had not been included
in the license ordinance in the past due to a legal technicality, but it had
since been established that apartments with four or more units were a business
and should be subject to tax.
The committee also recommended that a new section be added to license developers
and subdevelopers of land who are not licensed under other sections of the '
code.. The License fee for this classifications would be a flat rate of $100
per year similar to Section 6100.24.
The committee suggested that this ordinance be published and set for public
hearing so that it may be adopted prior to July 1, 1970for the next fiscal
year.
The City Council discussed with the committee members, various aspects of
their recommendations and the background for their recommendations.
On motion of Councilman Spring, seconded by Councilman Graham, that the City
Council hold a public hearing on the recommendations of the committee to
amend the business license ordinance.after preparation of a draft by the City
Attorney and publication of the public hearing. Motion carried.
13. The City Clerk reported on the following bids received for Waterline
Improvements, City Plan No. 15 -70.
O'Shaughnessy Construction Co.
$149,605.60
Goleta, California
Smee's Plumbing & Heating
$147,987.67
San Luis Obispo, California
W. M. Lyles Company
$170,232.33
Santa Maria, California
'
Monately, Inc.
$158,643.38
Ventura, California
West Coast Construction Co.
$130,136.99
San Luis Obispo, California
Estimate of Director of
Water Department
$1670000.00
E. P. Thompson, Director of the Water Department, recommended that the low bid
of West Coast Construction Company be accepted. He informed the City Council
he felt this was an extremely good bid for the City as it was considerably
below the estimated cost of the project.
R. D. Miller, Administrative Officer, stated that based on the low bid and the
savings involved, he recommended'that Mr. Thompson be authorized to negotiate
with the contractor to add $20,000 additional work at the bid-price.
On motion of Councilman Blake, seconded by Councilman Sprinq, the bi•dlo.fiWest
CoastcCbnstructioh Company was accepted and 'the Director of the Water Depart-
ment was authorized to negotiate for'.
or additional work at the bid price.' Motion
carried.
14. On motion of Councilman Blake, seconded by Councilman Miller, the follow-
ing resolution was introduced. RESOLUTION NO. 2024, a resolution of the City '
of San Luis Obispo approving agreement for maintenance of State Highway in
the City of San Luis Obispo.
Passed and adopted on the following roll call vote:
AYES: Emmons Blake, Myron Graham, Arthur F. Spring,
Donald Q. Mil•Ier,.Kenneth E. Schwartz
NOES: None
ABSENT: None
City Council Minutes
March 16, 1970
Page 11
15. On motion of Councilman Blake, seconded by Councilman Graham, the follow-
ing resolution was introduced. RESOLUTION NO. 2028, a resolution increasing
the 1969 -70 budget. (Water services - increase by $4,000)
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
16. On motion of Councilman Graham, seconded by Mayor Schwartz, the follow-
ing resolution was introduced. RESOLUTION NO. 2027, a resolution increasing
the 1969 -70 budget. (Mission Field restrooms - $450)
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
17. On motion of Councilman Graham, seconded by Councilman Blake, the follow-
ing resolution was introduced. RESOLUTION NO. 2021, a resolution reducing
various equipment replacement budget items to reflect unspent portions thereof
and making inter -fund transfers from various funds to the equipment replace-
ment fund.
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. D. F. Romero, City Engineer, presented for the Councils information
three separate studies of alternate methods of connecting Santa Barbara Avenue
to Santa Rosa Street. It was the general consensus of the Council that the
alternate in Railroad Avenue near the depot presented the best traffic solution
and that the City Engineer should.continue negotiations with Southern Pacific.
Mayor Schwartz stated he felt that before going ahead with the complete engin-
eering study of the proposal, prepared by the City Engineer, the City Council
should see.where this proposal stands in the priority of the Capital Improvement
Program.
19. D. F. Romero, City Engineer, presented for the Council's information four
alternate studies for connecting Madonna Road from Higuera across the Southern
Pacific Railroad right -of -way to Terrace Hill.
Mayor Schwartz suggested a fifth alternate involving a route crossing the
railroad at Alphonso.
Mayor Schwartz again stated he felt this item should be referred to the City
Council for priority listing in the Capital Improvement Program.
20. Councilman Donald Q. Miller presented for the Council's consideration a
statement for professional services from his attorney for handling his case in
the suit filed by West Coast Construction Company. The statement was in the
amount of $105.
The matter was referred to the City Attorney for study and was placed on the
next agenda for a decision by the City Council.
City Council Minutes
March 16, 1970
Page 12
22. Councilman Emmons Blake asked the staff for a report on the proposed
quarrying operation and use permit on Orcutt Road.
D. F. Romero, City Engineer, reported that quarry had been used off and on for
many years but had lain dormant for the past several years. He pointed out
that the master plan for the Southwood subdivision called for the hill to be
lowered and Kentwood Drive to be extended through. If a quarrying permit is
required it would be obtained through the Planning Department. ,
23. J. Stockton, Park and Recreation Supervisor, brought to the City Council's
attention the matter of the tree problem at 415 Jeffery Drive. He stated that
this had been referred to the Tree Committee by the City Council and that it
was the recommendation of the Tree Committee that the tree be removed, after
a replacement tree has been planted.and is growing. He continued that Mr. Barba
the property owner, was willing to replace the tree but would like to have the
existing tree removed now as it was causing damage to his curb, gutter $ sidewalk.
Mr. Stockton felt that the Council should make this decision rather that the
tree committee.
Councilman Blake stated that he for one felt that the existing tree should not
be removed until the replacement tree had been planted and was growing, other-
wise other property owners would also want their trees removed before they
were replaced.
The.matter was continued to April 6, 1970 so that the Council could inspect
the tree before making a decision.
24. The Council adjourned to executive session to discuss property acquisition
involving possible litigation.
25. On motion of Councilman Miller, seconded by Councilman Spring the
meeting adjourned.
APPROVED: April 6, 1970 za ,
RICK, CITY CLERK
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