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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