HomeMy WebLinkAbout02/05/1962CITY COUNCIL MEETING
February 5, 1962 -- 7:30 P. M.
CITY HALL
Invocation was given by Rev. Ray Herr, Presbytarian Church
Roll Call PRESENT - Miss.Margaret M. McNeil, R. L. Graves, Jr., Donald Q.-
Miller, Gerald W. Shipsey, Clay P. Davidson
ABSENT - None
CITY STAFF PRESENT - City Administrative Officer, R. D. Miller, Planning
Director J. W. Abraham, City Clerk, J. H. Fitzpatrick,
Park and Recreation Supt., William Flory, City Attorney,
William Houser, City Engineer, D. F. Romero, Fire Chief,
Lee M. Schlobohm, Police Chief, William Schofield
Minutes of the regular meeting of January 15, 1962 were corrected as follows:
Item 23, Paragraph 2 -
D. F. Romero, City Engineer, stated that the.Planning Commission had
recommended that certain conditions of the new Grading Ordinance be
made a requirement for the extension of this map. Mr. Romero stated
he did not believe the Planning Commission understood his recommendation
which was that all conditions,of the Grading Ordinance be adhered to,
except the conditions regarding the filing of fees.
The minutes of the adjourned meetings of January 25, 1962 and January 29, 1962
were approved on motion of Mayor Davidson, seconded by Councilman Miller.
Claims against the City for the month of February were approved and ordered
paid subject to the approval of the Administrative Officer on motion of
Councilman Shipsey, seconded by Councilman Graves.
1. Interim audit report by Hutcheson, Horn, Johnson and Hey on examination of
City financial records through December 31, 1961, was ordered held over
for report by staff on recommendations submitted by the auditor. Council
Order No. 39.
2. City Clerk presented the following report on bids received for furnishing
petroleum
products
for the
City for the
period February 1,
1962 to-
February 1,-
1963.
BIDS ON
PETROLEUM PRODUCTS
Regular
Premium
Diesel
Stove Motor Oil
Motor Oil
Gasoline
Gasoline
Fuel
Oil MIL
L 2104A
MIL L 2104
A S2 SAE 30
J. B. Dewar, Inc.
.219
.244
.114
.144
.74
.89
Mobil Oil Co.
.2017
.2367•
.1342
:1492
.738.
.9945
Richfield Oil Corp.
.199
.2248
.138
.153
.615
.81
Seaside Oil Corp.
.204
.229
.132
.147
.727
.960
Shell Oil Corp.
.22
.26
.148
.163
.7225
.7225
Signal Oil Co.
.2025
.2325
.128
.143
.64 -
Standard Oil Co.
.202
.234
.131
.146
.7695
.7695 4^
Texaco, Inc.
.194
.231
.108
.7695
.7695
Tidewater Oil Co.
.22
.255
.138
.153
.70
.80
Mr. Miller, Administrative Officer, recommends that the low bid in each
category be accepted.
1. Regular Gasoline - Texaco, Inc.
2. Premium Gasoline - Richfield Oil Corp.
3. Diesel Fuel - Texaco,'Inc.
4. Stove Oil - J. B. Dewar, Inc.
5. Motor Oil, Regular - Richfield Oil Corp.
6. Motor Oil, Better Grade - Shell Oil Corp.
On motion of Councilman Shipsey, seconded by Councilman Graves, the
recommendation of the Administrative Officer was accepted, and the low
bids awarded:
3. On motion of Councilman Graves, seconded by Councilman Shipsey, the following
staff increases were granted:
Jean W. Abraham, Planning Director, from Step 3, at $742.00 per month
to Step 4, at $783.00 per month.
Norge J. Piccardo, Janitor, from Step 2, at $322.00 per month to Step
3, at $340.00 per month.
Robert H. Turner, Filtration Plant Operator, from Step 1, at $340.00
per month to Step 2, at $360.00 per month.
4. On motion of Councilman Shipsey, seconded by Councilman Graves, the following
contract payment was approved and ordered paid:
R. McGray Parking Lot A Estimate No. 1 $ 6,987.96
5. On motion of Councilman Shipsey, seconded by Councilwoman McNeil, the following
Resolution was introduced:
RESOLUTION NO. 886 "A Resolution increasing the 1961/62 budget."
Passed and adopted on the following roll call vote:
AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller,
Gerald W. Shipsey, Clay P. Davidson
NOES: None
ABSENT: None
6. Request of Lee Schlobohm, Fire Chief, for Council authorization to grant
sick leave in excess of two weeks to Fire Captain Harlan Finch was granted
on motion of Councilman Graves, seconded by Councilman Shipsey.
7. On motion of Councilman Shipsey, seconded by Councilman Miller, the Mayor
was authorized to accept and record a Grant Deed, a covenant to run with
the land and an agreement for street set -back from Aaron A. Baker and
Maple A. Baker for street widening on Foothill Boulevard.
8. Request from the Assistant Director of Civil Defense for permission to
convert a portion of the City Hall basement into an operation control center
and to construct a room 16' x 20' was approved on motion of Councilman Graves,
seconded by Councilman Shipsey.
Commander Gullickson was asked to work with the 6ity Engineer and City
Building Inspector in design and construction of this room.
City Clerk was instructed to notify the Rifle Club that four Rifle targets
were being removed for construction-of this control center. Council Order No. 40.
9. City Attorney, William Houser, reported to the City Council that he has
been reviewing several leases for grant land for service stateion and he
has tentatively settled on one type of agreement and requests that the
City Council appoint a committee to work with him to assist in tentative
policy decisions, prior to presentation to the City Council.
Mayor Davidson appointed Councilman Shipsey and Councilman Miller as
Council Committee to work with Mr. Houser on this program. Council-Order
No. 42.
10. At this time the City Council discussed appointments to the City
Housing Authority. Mr. Houser, City Attorney, stated that before the City
' Council made any appointments to the Housing Authority, they should first
decide if they wished a Housing Authority and then form one.
On motion of Councilman Shipsey, seconded by Councilman Graves, the
following Resolution was introduced:
RESOLUTION NO. 888 "A Resolution declaring the need for a Housing Authority
in the City of San Luis Obispo."
Passed and adopted on the following roll call vote:
AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller,
Gerald W. Shipsey, Clay P. Davidson
NOES: None
ABSENT: None
Each member of the City Council reported that the nominees he.named to
serve;on the Housing Authority Committee stated that they wished to
serve at the pleasure of the City Council.
Following are names of those persons nominated as members of the City
Housing Authority:
'
A. Norman Cruikshanks
Gretchen Dilbeck
Francis McNamara
Thomas Rice
Garnett Hopkins
The'terms of-the first Housing Authority membership was determined as
follows:
1. One year term - Thomas Rice
2. Two year term - Gretchen Dilbeck
3. Three year term - Garnett Hopkins
4. Four year term --Francis McNamara
5. Four year term - A. Norman Cruikshanks
A. Norman Cruikshanks was also appointed temporary chairman of the
Housing Authority.
On motion of Councilman Shipsey, seconded by Councilwoman McNeil, the
following Resolution was introduced:
' RESOLUTION NO. 889 "A Resolution appointing members to the City Housing
Authority and setting terms for such."
Passed and adopted on the following roll call vote:
AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller,
Gerald W. Shipsey, Clay P. Davidson
NOES: None
ABSENT: None
11. City Attorney, William Houser, presented
and Game Department regarding the City's
related recreational activities on Whale
on the legal aspects of this problem and
Department can place fish in the reservo
the Fish and Game Code.
a report on the request of the Fish
program for angling access and
Rock Reservoir. Mr. Houser reported
stated that the Fish and Game
it and operate the fisheries under
Mr. Houser also reported that the agreement between the City of San Luis
Obispo -State of California, operators of the Whale Rock Dam, and the Fish
and Game Commission was that the dam operators obligation to cooperate with
the Fish and Game Commission does not take effect until the reservoir has
stored in excess of 9,000 Acre Feet of water by April 1 of any year.
Mr. Houser stated that in addition to the lack of water there are additional
,
practical problems that have to be solved, who will plan and pay for
recreational and fishing uses, who will finance the capital improvements,
such as roads, parking lots, sewage facilities, etc. Also, who will
finance the operation of the recreational development, and who will pay
for protection of the domestic water supply.
After discussion by the City Council, Mr. Houser was instructed to notify
the Fish and Game Commission of these problems, lack of water, financial,
and otherwise. Council Order No. 41.
12. Mr. Houser, City Attorney, presented for the City Council's consideration
the agreement between the City of San Luis Obispo and O'Melveny and Myers
to act as the legal consultants for the water and sewer fevenue bond issues
proposed by the City Council.
Mr. Houser briefed the agreement as to what would be done by the law firm
and what fees would be charged, etc. Mr. Houser reported that this was a
standard legal contract and recommended approval by the City Council.
On motion of Councilman Graves, seconded by Councilman Miller, it was moved
that the proposal be accepted and the Mayor be authorized to sign the
agreement on behalf of the City.
Mr. Miller, Administrative Officer, reported to the City Council that the
'
financial consultant has asked for additional time for preparation of the
financing report as the consultant wishes to meet with the Council prior
to the public meeting on this report.
Mr. Miller also asked if the Council had any objection to the consultants
combining both the sewer and water financing report in one booklet.
There was no objection by the City Council.
13. Mr. Miller, Administrative Officer, presented to the City Council a request
from the Planning Commission asking permission to solicit suggestions from
City Department Heads, and others for City's long -range capital projects.
Mr. Miller explained that the Department Heads must be aware of the fact
that, although a comprehensive list of proposed projects are made; .it is
no guarantee that these projects will be constructed, or budgeted for.
By Common consent of the Council, the Planning Department was authorized
to contact the Department Heads for their ideas regarding capital projects.
14. Petition from property owners in the area of South Higuera and Prado Road
requesting that the City Council initiate studies and cost estimates for
the formation of water and sewer assessment district to:-.serve this area.
It was moved by Councilman Shipsey, seconded by Councilman Miller, that
the City Engineer proceed with the present problem of cost estimates for
the formation of the assessment.district. Council Order No. 45.
1
i
15. Communication from the City Planning Commission requesting a lot depth
exception for Elmer Smith, small subdivision No. 155, be approved by the
City Council to allow an exception to the minimum lot depth of 90 feet
by approving a minimum depth of 85 feet. This exception was approved
by the Planning Commission because of the property being subdivided and
houses constructed on valid lots immediately adjacent to it. In other
words, there was no land left to develop and for this subdivision to be
expanded. It is the feeling of the Planning Commission that this is a
carry -over from the first subdivision and would not be detrimental to
the adjacent property owners.
On motion of Councilman Graves, seconded by Councilman Miller, the lot
depth exception was approved.
16. At this time the City Council considered the tentative map of Tract 251,
Ann-Arbor Estates No. 2.
City Council approved the tentative map and conditions as follows:
I. That the Subdivider submit, and the City Engineer approve the
method of handling the water runoff from Tract 251.
2. That Crestview Street, lying in front of Lots 1 and 10, Block
B, and Lots 16, 196 and 18, Block A, shall be 54 feet in width.
Six foot integral sidewalks may be installed.
3. That the subdivider be required to fully improve Southwood Drive
as follows:
a. A standard street section shall be used, including
concrete curb, gutter and sidewalk, except That
sidewalks need not be installed along the northern
side of Southwood Drive. The subdividers shall
reserve and deed a one foot (1') non - access strip
to the City of San Luis Obispo along the northern
boundary of Southwood Drive, with the exception of
that portion presently under common use.
b. The one foot (1') non - access strip shall be dedicated
to the City, with the condition that the City will
deny any access over this one foot strip until such
time as the owners of the property lying adjacent and
north of this one foot strip shall install standard
concrete sidewalk along this portion of the street;
and further,.,that if the adjacent property owners are
allowed access over the conditions specified above
within'10 years from approval of this subdivision, the
City will require.said property owners to reimburse
the subdividers of Tract 251 for one -half of the cost
of the'land cost, based on average acreage cost of
subdivision.for said Southwood Drive, as well as, one-
half of the cost of paving and the instwllation of
standard curb and gutter.
4. The subdivider shall reimburse to the City a share of the sewer
line in Southwood Drive and a sewer acreage cost on the same
basis as was assessed against the Johnson et al. sewer assessment
district.:
5. The P. G. & E. and Pacific Tel. & Tel. Co. shall serve this
subdivision from the rear of the lots with the exception of
lots 1 through 8, Block C, fronting Tanglewood Drive.
6. A grading exception of 1% over the maximum allowed shall be
granted on the most easterly leg of Crestview Circle.
17. At this time the City Council considered the tentative map of Tract 257,
Ferrini Heights i5.
The Planning Commission stated that it was their intention-to approve the
tentative map of this tract, and there are no particular exceptions or
conditions to be placed thereon.
Mr. Romero, City Engineer, presented a sketch showing the alignment of
Westmont Drive, through Tract 257 as changed by Mr. Ferrini at the request
of the Subdivision Review Board. Mr. Romero also discussed the street
alignment problem of Westmont Drive for the adjoining property owner
Morgan Flagg, when and if he develops the adjoining property.
Mr. Somogyi, Attorney, representing Morgan Flagg, appeared before the
City Council stating that the Planning Commission did not give the matter
of the alignment much study as they did not take into consideration the
Master Plan for the College Highlands development, which was approved
showing the alignment of Westmont Drive. This Master Plan was approved
in 1956 and while it was not renewed as required, Mr. Somogyi stated
the Planning Commission knew the intentions-of-Mr. Flagg regarding the
development of this portion of this street.
Mr. Somogyi then stated that the tentative map of Tract 125 which showed
the westerly alignment of' Westmont Drive as proposed by Mr. Flagg. He
also stated that the tentative map of Tract 125 and the master plan for
the College Highlands development were both allowed to lapse and Mr. Flagg
made no attempt to reactivate these plans. Mr. Somogyi stated there was
no question in anybody's mind what Mr. Flagg's intentions were for the
alignment of Westmont Drive, as all these maps and discussions had been
filed prior to the subdivisions being made on the adjacent Ferrini property.
Mr. Somogyi then presented a map showing the effect on the Flagg property
the new alignment of Westmont Drive would make, which would make two of
Mr. Flagg's lots unusable, at a loss of $9,000.00. Mr. Somogyi continued
that the new street grades were such that it would add an additional
$2,000:00 fof grading on the new alignment. He also stated that to make
the lot south of Westmont Drive, along the west boundary useable, would
cost an additional $2,400.00 for sewer and an additional $11,000.00 for
land fill to bring this lot up to grade so it could be used.
Mr. Somogyi stated that this $13,400.00 to improve one lot made it
economically impossible to develop. He stated that the City Engineer
told Mr. Flagg that when he developed Tract 125 he would be required
to align Westmont Drive to meet with the alignment in Tract 257.
Mr. Somogyi continued that it was his position that this matter should
be sent back to the Planning Commission so both subdividers would be
required to get together to establish a more equitable alignment of
Westmont Drive, as in all justice and fairness, Mr. Flagg should not be
required to lose three lots, while the adjacent subdivider Poses nothing,
and this whole matter should be reconsidered by the Planning Commission.
Mr. Felton Ferrini appeared before the Council regarding the tentative
map of Tract 257. Mr. Ferrini stated that in the development of Tract
223 adjacent to Tract 257, which had been approved by the City, required
that the water and sewer go into Westmont Drive and Jeffery Drive before
Tract 223 would be approved. As this sewer and water extension passed
a small portion of his property which was undeveloped, he decided to
develop these 13 lots in Tract 257 in order to make use of the sewer
and water being placed in the street.
Mr. Ferrini stated that upon request of the City Engineer, he attempted
to contact Mr. Flagg in August to see if they could work out street
alignment and drainage problems, but after some delay in meeting Mr. Flagg,
and after Mr. Flagg had made such unreasonable demands of Mr. Ferrini, he
decided to proceed on his own by taking care of his own drainage and
put in the street as required by the' City. Mr. Ferrini stated he did not
believe it was fair for his development to be held up by a Master Plan
that was approved in 1956 and is now defunct. Mr. Ferrini stated he
has been working on this small subdivision since sometime in August,but
at the last minute the adjacent property owner now protests his develop-
ment after Mr. Ferrini agreed to put in Westmont Drive on the alignment
ordered by the City staff. Mr. Ferrini stated that at no time has he
ever sought or asked for special consideration on the subdivision.he
has put in and that heihas always complied with the City requirements and
the Subdivision Review Board. Also, the Planning Commission and the
City Council do not have."to -make any exceptions or conditions to his
subdivision.
It was moved by Councilman Miller that the tentative map of Tract 257
be approved. Motion lost for lack of second.
Mr. Somogyi stated that he believed Felton Ferrini was trying to steam -roll
this subdivision, Tract 257 through the City Council and City Department
Heads and asked that the City Council look into the equity of this matter
as to who would lose the most because of this street alignment.
Mr. Ferrini again appeared before the Council and stated that he was not
trying to steam -.roll anything through the City Council as he had been
working on this-program since February, 1961, and has been trying to get
this matter cleared up since that time, but a certain amount of time was
lost meeting with Mr. Flagg in an attempt to develop Westmont Drive to
the satisfaction of the City. Mr..Ferrini stated that he.was ready to
proceed with sewer and water off -site improvements as soon as the rains
cease and that several of his contracts have been let and any further
' delay would be at extra expense to him. He stated he believed that he
had.been fair in this matter as he had discussed this matter with Mr. Flagg,
but no adequate solution could be arrived at.
It was moved by Councilman Miller, seconded by Councilman Graves, that
the City Council approve the tentative.map of Tract 257. _Motion Carried..
unanimously.
18. Communication from John L. Piper requesting that the Council defer approval
of Tract 225 until the subdivider has fulfilled his obligations of the
adjoining property owner.
Mr. Romero, City Engineer, explained the conditions under which the sub-
division was approved and that the subdivision required that the subdivider
protect the adjoining property owner's banks.
The matter was referred to the time when the subdivision was considered
for final acceptance.
At this time the Mayor declared a recess "at 11:05 P. M. Meeting reconvened at
11:30 P. M. All councilmen present.
19. At this time the City Council considered the recommendation of the
Planning Commission recommending that the City Council adopt a new sub-
division Ordinance. The City Council set Tuesday, February 13, 1962
at 7:30 P. M. as the time for a public hearing on the proposed Sub-
division Ordinance.
The City Council also set a public hearing on Tuesday, February 13, 1962
at 8:00 P. M. for the proposed Grading and Excavation Ordinance.
Mr. Somogyi again appeared before the City Council asking that they
consider both parties in this matter regarding the alignment of Westmont
Drive and particularly Mr. Flagg who will be losing the most through
the present alignment. He also asked that Mr. Flagg be allowed to speak
to the Council on his behalf, on this matter.
Mr. Morgan Flagg appeared before the Council and restated that the Planning
Commission did not give the alignment much study as they did not take
into consideration the Master Plan for College Highlands and the 1958
filing of the tentative.:map of Tract 125. Mr. Flagg stated that he was
not now ready to proceed with the development of this tract and does
not know when he will develop this unit, as he is presently operating
under a use permit and that the requirements of this use permit are that
at the time the tract is developed he must sever his office operation
from residential use.
Mr. Somogyi stated that he believed Felton Ferrini was trying to steam -roll
this subdivision, Tract 257 through the City Council and City Department
Heads and asked that the City Council look into the equity of this matter
as to who would lose the most because of this street alignment.
Mr. Ferrini again appeared before the Council and stated that he was not
trying to steam -.roll anything through the City Council as he had been
working on this-program since February, 1961, and has been trying to get
this matter cleared up since that time, but a certain amount of time was
lost meeting with Mr. Flagg in an attempt to develop Westmont Drive to
the satisfaction of the City. Mr..Ferrini stated that he.was ready to
proceed with sewer and water off -site improvements as soon as the rains
cease and that several of his contracts have been let and any further
' delay would be at extra expense to him. He stated he believed that he
had.been fair in this matter as he had discussed this matter with Mr. Flagg,
but no adequate solution could be arrived at.
It was moved by Councilman Miller, seconded by Councilman Graves, that
the City Council approve the tentative.map of Tract 257. _Motion Carried..
unanimously.
18. Communication from John L. Piper requesting that the Council defer approval
of Tract 225 until the subdivider has fulfilled his obligations of the
adjoining property owner.
Mr. Romero, City Engineer, explained the conditions under which the sub-
division was approved and that the subdivision required that the subdivider
protect the adjoining property owner's banks.
The matter was referred to the time when the subdivision was considered
for final acceptance.
At this time the Mayor declared a recess "at 11:05 P. M. Meeting reconvened at
11:30 P. M. All councilmen present.
19. At this time the City Council considered the recommendation of the
Planning Commission recommending that the City Council adopt a new sub-
division Ordinance. The City Council set Tuesday, February 13, 1962
at 7:30 P. M. as the time for a public hearing on the proposed Sub-
division Ordinance.
The City Council also set a public hearing on Tuesday, February 13, 1962
at 8:00 P. M. for the proposed Grading and Excavation Ordinance.
20. The City Council at this time discussed the proposed little league baseball
diamond at Conrad L. Smith Elementary.School.
Mr. Flory reported that a recreational area was needed in this area and the
School Board agreed to cooperate and grade the areas and the residents in
the Tract had offered to make the necessary installation for the.little
league diamond.
The City Council also discussed the request of the City possibly starting
a tree farm for use of both the City and schools to acquire the.necessary
trees for their development.
Councilman Graves was asked to look into the matter of establishing.a
tree farm at Cal Poly or somehere else with Cal Poly's help.
21. Communication from R. M. Edmonston requesting additional services for City
beyond those provided for in the current contract was ordered received and
filed.
22. Communication from the First Assembly of God Church requesting permission
to place No Parking -Bus Zone signs in front of their parsonage at 815 Islay
Street from 8:30 A. M. to 12 :00 noon on Sunday was referred to the City's
Traffic Committee.
23. Communication from the Church of the Seventh -Day Adventists requesting that
the City place cross walks across Osos Street on the south side of Pacific
Street and across Pacific Street on the west side of Osos Street was
referred to the City's Traffic Committee..
24. Communication from the City Planning Commission recommending that the City
Council hold a hearing on the adoption of the Master Street and Highway
Plan, an element of the General Plan.
The City Council set a public hearing for Tuesday, February 13, 1962, at
8:30 P. M. on this matter.
25. Communication from the City Planning Commission forwarding RESOLUTION NO.18 -62
"recommending that City Subdivision standards be required by the County
within three miles of the City limits, and also requiring that the City
Council write a letter to the Board of Supervisors requesting that they
adopt this policy."
Recommendation was approved on motion of Councilman Graves, seconded by
Councilwoman McNeil. Council Order No. 43.
26. Communication from Traffic Advisory Board requesting authority to authorize
a speed zone study on Johnson Avenue from the underpass to the southerly
city limits was approved on motion of Mayor Davidson, seconded by Councilman
Shipsey. Council Order No. 46.
27. Communication from the Public Utilities Commission, State of California,
requesting the installation of signal and automatic gate arms as protection
for the Foothill Boulevard grade crossing was ordered received and filed.
28. Copy of communication from Mayor Davidson to Julian McPhee asking cooperation
of Division of Architecture in study of Foothill Boulevard crossing problem.
Communication received and filed.
29. Communication from Division of Highways initiating a program to determine
what facilities should be included in plans for future freeway construction
within District V to safeguard passengers embarking and disembarking from
motor coaches from roadside locations was referred to the City Planning
Commission.
30. Notice of Channel Counties Division, League of California Cities meeting to
be held February 16, 1962, at Santa Barbara.
31. Resolution of the Board of Supervisors requesting the cities of'Grover City
and Pismo Beach share the sales and use taxes collected within said city