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HomeMy WebLinkAbout07/06/1964ROWLAR BEETING OF CITY COMICIL July 6, 1964 - 7:A P. X. CITY HALL Invocation was given by Reverend Rlandrud of the Hount Carmel Lutheren Church. Roll Call Present: Clay P Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Wheichel City Staff Present: P. Chapman, Planning & Building Director; J. H. Fitzpatrick, City Clerk; ?• ?. M. Fiouuer, City Fttorney; R. D. Miller, &*ministrative Officer; D. F. Romero, City Engineer: W. Schofield, Police Chief; E. P. Thompson, hater Superintendent; J. Wainscott, Fire Battalion Chief. The minutes of June C. 15 and 24, 1964 were held over. On motion of Councilman Miller, seconded by Councilwoman McNeil, claims against the City for the month of July, 1964 were approved sub.-'act to the approval of the Administrative Officer. 1. The following communication was received from the Chamber of Commerce: "The Board of Directors, at its last regular meeting, June 16th, went on record approving the following resolution. The Chamber wishes to support Mayor Davidson's proposal: To allocate to a specific fund for the promotion and development of San Luis Obispo, 5 per cent of the sales tax revenue and business license fee and that the Chamber upon enactment of such an ordinance will cause a study to be made to determine what industries who most benefit can equitably afford to augment the fund. The above resolution adheres strictly to projects recommended by the Real Estate Research Corporation of Los Angeles in its Economic Development program for the City of San Luis Obispo. We respectfully request your Honorable Body to take this letter under serious consideration." Morgan Flagg, representing the Chamber of Commerce, appeared before the City Council on behalf of their request for an allocation of funds from the City for 5% of the sales tax and business license fees. These funds would be expended to promote tourism and conventions in the City of San Luis Obispo, as recommended to the City in the RERC report on the Economic Development for the City. W. Flagg urged the City Council to consider the Chamber of Commerce's request seriously as they wish to cooperate in.t:ie promotion of San Luis Obispo with the City Council cooperating from private industries and businesses. Peter Rardell, Chamber member, urged the City Council to adopt this proposal so that the tourist element of the RERC report could be implemented immediate- ly. Rev. Klandrud appeared before the City Council and urged the allocation of some funds for the promotion of tourism and conventions for the City as :ie stated that his investigations showed that there we=e many groups in San Luis Obispo who would like to bring conventions to the City, but who have no one who will coordinate conventions, such as convention bureau. Rev. Rlandrud also stated that these funds should also be used for proper signing to historical buildings and locations within the City such as the Hission, etc. City Council Minutes July 6, 1964 Page -2- Mr. Flagg again appeared before the City Council and asked them to remember that the funds be`ng rec;uested for promotion would not be going to the Chamber of Commerce necessarily, but would be going to the organization the Chamber might choose to promote the City. J. Barry Smith appeared before the City Council asking if this issue was to be voted on this meeting or was a citizens committee to be appointed to look into the proposal. Mayor Davidson explained that the City Council had received a copy of a letter from him and a draft of a resolution prior to this meeting, so that they would be aware of a proposal and could take eci_,ion at that time. The following memorandum was received from Mayor Davidson and a draft copy of a resolution: "As per instructions of the City Council, Councilman Donald r. Miller and I met with the Economic Development Committee of the Chamber of Commerce on .iune 2, 1964 at 12:00 Noon. ifter thorough discussion, this committee made the following recommendation: The Economic Development Committee endorses the principal of cooperation between the City of San Luis Obispo and the appropriate entity for the economic development of the City, based on a sound program, and upon the City's participation economically in tL•at program. along with the general -recommendation of the Chamber of Commerce Board of Directors before the City Council thin eve n_ng, I am submitting this draft of a resolution of intention to set aside a fund for the promotion end development of the City, for your consideration and ection." ' Resolution: "t,'HEREAS, the City of San Luis in the economic development of did contract with the San Luis cause a study and report to be and Obispo, recognizing that these were deficiencies San Luir. O'o_spo and its surrounding territories, Obispo ChawL;sr of Commerce to cooperatively made by tiie Real Estate Research Corporation; 1,73;REAS, the initial report and a summary of recommendations have been received, which des_gnate:; specific areas of action required; NOId, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo, as follows: 1. T:-Lat it ie the intention of the City of San Luis Obispo to set aside a fund based on five per cent (5%) of the Dales tax and business license fees collected by the City in the 1963 -64 year ending June 30, 1964. 2. That thin fund is to be used by contracting with those agencies most able to augment the fund and having the ue:t program to promote the develop- ment of the community in the following areas as recommended by the RMIC report: A. Industrial Development. B. Tourist and Convention Bureau. C. Establishment of an annual celebration. D. Development of a program of decoration of the City for appropriate events." W. M. Houser, City Attorney, explained to the City Council that by State law, that the maximum amount of money that can be granted for promotion and advertising for the City was an amount ea_uivalent to SC for each $100 evaluation on the City tax rate. City Council Minutes July 6, 1964 Page -3- Mr. Houser stated that based on an estimated valuation the amount would be $20,000.00. He stated that the City Council should also be aware that included in this amount is the amount already budgeted to the Chamber of Commerce, Mission Trails lssociation, YINEL trip to Japan, and the Feather River Association. Councilman Miller discussed the request of the Chamber with Morgan Flagg, particularly with reference to the request of the setting aside of certain sums of public money which would be augmented by property owners and business operators in order to p.omote tourism in tee City. Councilman Miller also listed several recommendations brought out in the RERC report for business establishments catering to tourists and conventions to raise funds for promotion of these activities. These businesses would be hotels, motels, restaurants, service stations, etc. l ,brgan Flagg stated that the Chamber of Commerce committee was looking into this matter and was studying the possib.litj of requesting a bed tax to support tourists and convention promotions. Councilman Graves then listed the thing-- that have been done in the past by the City to help dress up and promote the City of San Luis obi --po. He listed such items as particular in the RIZIC reoo-rt: Mission Plaza Development Report, planting of street trees by the City, completing new lighting in the downtown area b; the City, accuisition of land for the IUsslon 1.aza Development, the Economic Report prepared by the City, etc. He stated t1iat he believed now it is up to the Chamber o` Commerce and business community to take up the promotion action of the City while the City government continues to tal-e care of the capital inve.Aments such as the Mission Plaza Development, additional street trees, additional off street parking lots, and improvements to the present parkin; lots. Councilman hiller stated lie agreed with t_ie comments made by Councilman Graves that the City government has been very generous to the downtown business area and felt that the present request was not proper. Councilman Miller moved to deny the request of the Chamber of Commerce for allocation of 5% of business license fees and sales tax revenue 'for promotional purposes. Motion died for the lack of a second. Councilman Grave:: stated that he did not believe that a motion was needed to deny the request, but action by the City Council in not setting aside any funds for this purpose would lake care of the matter at this time. Further, he continued that if a concrete proposal by any group for a specific promotion event or activity was given, he stared that he would be vet17 milling to sit down and discuss the matter with this group. W. Flagg again appeared before the City Council and stated that he did not believe that any individual group could come to the City Council with a proposal for tourist promotion or convention operation without the cooperation of the Chamber of Commerce, as the Chamber of Commerce is the only group is the City that is organised to coordinate the various groups in the City to follow through on the necessary arrangements as considered in this proposal. Councilman Graves gave as an example of cooperation between the City and the Clamber the cooperative payment of the r2 -2C report and the monthly payment to the Chamber for their operations. Councilman Xiller stated that if any group orould bring plans for a definite promotional activity he was sure the Council would listen to their proposal. Mayor Davidson stated that until some group is organized within the City to coordinate the re:.,ueots for conventions and information, nothing will be done and the community will continue to spin their wheels in this area. a.. stated t±-.at some group must be organi:ed for conventions and tourists and that this responsibility is in the hands of the Council who have been entrusted with the leadership of the community to encourage the economic growth of the City Council Minutes July 6, 1964 Page -4- City. He stated he believed this was the first step in starting out on the program and the City Council should approve this recommendation and then call for proposals from some group to handle the actual promotion of tourism and conventions for the City. Councilman Miller asked. was not the Real Estate .1esearch Corporation to bring forth an active program report as part o" their economic development survey and would not this report give some guideline for development and promotion of the City? Peter Rardell stated that the Chamber was not asking for any funds et this time, but only of the Council's interest to support a promotional program when and if it were organized. He stated that now the main thing they were looking for was leadership from the City Council. Councilman 4Jhelchel stated that the City Council would cooperate at the time c request was made for promotional funds and further that he as a Councilman would be happy to listen to any group to get help in promoting the conventions as a whole in the business community. Councilman Miller acked if the Chamber, (1) has taken any action on the 47. bed tax for the City, (2) has it contacted otaer Chambers throughout the County to see if they were agreeable w•ik-L this program on a Count;; -wide basis, end (3) has the Board of Supervisors been approached to consider the enactment of a County -wide bed tax. Mr. Flagg answered that: (1) yes, the ChaEb er has a committee studying the effect of bed tax on motels and hotels in the community, and (2) he does not personally Snow whether the Chambers in the County or the Board of Supervisors has been asked to consider a County -wide bed tax. Mayor Davidson stated that a meeting was to be held in San Luis Obispo later this week to get the Mayors and Manager.- in San Luis Obispo County to meet and discuss a County -wide bed tax. Duane Burleigh, Secretary - Manager of the San Luis Obic:po Chamber of Commerce, stated that he had discussed this bed tar, with the Santa Barbara Chamber of Commerce and the Santa Naria Chamber of Commerce and he stated that Santa Barbara would vote against a bed tax unless Santa Maria went along and further, that Santa Maria would only go along if Santa Barbara adopted a bed tax. Mr. Burleigh continued that the local motel -hotel operators stated they would go along with a bed tax if it were on a County -wide basis. That is, if Morro Bay, Cambria, etc., would also put- the bed tax into effect. if it were not on a County -wide basis, they would be forced to oppose bed tax for the obvious reason that the local motel - hotels would be put in a leas competitive position. Bob Brown reported that the second portion of the URC report would be presented to the City later in July, 1954. This is the action phase of the program and he also believed that the Council should study in detail the REIdC report they now have and cooperate in promoting San Luis Obispo. On motion of Councilman T ;rzelchel, seconded by Councilman Graves, that the 1 City Council go on record as favoring cooperation with any group promoting the City of San Luis Obispo and the City would participate in their pro.-ram if the City Council felt it was in the best interest of the City. Motion carried. 4. At this time the City Council held a public hearing on the adoption of Ordinance No. 205, an ordinance amending Chapter 5, !Article VII of the San Luis Obispo Municipal Code, regulating signs and billboards. Mayor Davidson declared the public hearing open. Carlos Moerman, representing the City Heon, questioned the apparent discrepanciez in the ordinance publish_d in the paper and the ordinance adopted by the City City Council Minutes July 6, 1964 Page -5- Council on June 1, 1964 and amendments made by the Council during the ztudy session. Carlos 14berman questioned the wording in Section 0600.3D.2, regarding lettering on marquees and awnings as tae wo_-ding in the final ordinance is different than the ones passed by the Council on June 1, 1964. He also questioned «ction U'600.3C def'ning area in a free standing 6i'gn within the final o_dinance i. shown in general regulations, but in the draft copy it was shown in Section 5600.6C6. Mr. Moerman stated these were the main ones, but t:;ere were many other discrepancies and changes in the ordinance after being passed by the Ciiy Council. City tttorney Houser reviewed these changes for the City Council w acing that there was no intention to rewrite the ordnance unshed by the Council, but only to clarify the actions taken by the Council during the various hearings on the ordinance. 1so, in order to mare the ordinance wor %, taking into account the changes made by the Council, it w &3 necessary to rearrange some provisions in other sections for continuity. Ira. Moerman again appeared before the Council stating that this was just to show the Council how impossible this ordinance wi11 be to work under as even before it is passed it is not clear to anyone. Ile then suggested that the Council appoint a committee to prepare an adequate ordinance that would be a benefit to the City, the business community, and the sign industry. Bob Johnson asked if the committee working on Section 8600.21 had any report forthcoming regarding flashing and moving signs, etc. 1 Committee members, Councilmen Graves and 'ihelchel, stated that they had held several meetings on this matter, but no determination had been arrived at for recommendation to the City Council at this time. Mr. Moerman again appeared before the City Council and stated he wished to go on record as vehemently opposing the adoption of this ordinance on the grounds that it is prohibitive and arbitrary and will not do a service to the public. Further, he agreed with the right of the-City in attempting to control for safety, but did not believe the City had the right to control esthetics and therefore, opposed the adoption of this motion. Mayor Davidson declared the public hearing closed and the Council discussed the questions brought up by Mr. Moerman from City Neon regarding discrepancies in the final ordinance. City Attorney Houser explained to the City Council the actions they could take on this matter at this time which were: 1) pass the ordinance, 2) not pass the ordinance, or 3) amend the ordinance. Mayor Davidson stated that he believed the.business people and citizens of the community have a right to question the City Council on the adoption of an ordinance, particularly if they believe that changes were made after the hearings closed and that if they were changed, these changes should be explained to the public's satisfaction. City Attorney Houser again explained that it was not his intention or that of Planning Director Chapman, who prepared the final draft for publication, to either change or amend any actions taken by the City Council, but that there were several changes made in wording to make the sections read properly and several changes made in arrangement to make the ordinance follow in continuity. Mr. Houser continued that if the Council believed that changes were made with- out consideration of the Council's prior actions, then the Council should not pass the ordinance. City Council Minutes July 6, 1964 Page -6- On motion of Council=n Miller. seconded by Councilman Graves, that Ordinance Ho. 255, an ordinance amending Chapter 5, Article VIII of the San Luis Obispo Municipal Code, regulating signs and billboards, be Introduced for final passage. Finally passed on the following roll call vote:. AYES: R. L. Graves, Jr., Miss Margaret McNeil, Donald Miller NOES: Clay P. Davidson, Clell W. [:?helchel t3SENT: None 5. At this time the City Council held a public hearing on Resolution No. 1298, a resolution of intention to abandon a portion of Venable Street. Mayor Davidson declared the public hearing open. Wo one appeared before the City Council for or against the abandonment. Mayor Davidson declared the public hearing closed, City Attorney Houser explained the action the Council should take if they wished to abandon this street as follows: That -the Council, by motion, should find that this portion of Venable Street is no longer required for present or prospective future street purposes, reserving the 30 foot easement set forth in the map marked Zxhibit c to be attached to %;e solution No. 12932 for ingress and egress to the creek for drainage and public utility purposes. On motion of Councilman Graves seconded by Councilman Miller, that that portion of Venable Street be abandoned subject to an easement reserved to the City. Motion carried. 6. At this time the City Council held a public hearing on the list of properties lacking standard improvements where more than 50% of the block is already improved. Mayor Davidson declared the public hearing open. J. H. Fitzpatrick, Citv Clerk, then read the location of the property to be improved, the on.yner of the property and the improvement to be required. R. D. Wood, 1780 Fixlini Street, presented a letter to the City Council protesting the installation of sidewalk in front of his property as the installation of the sidewalk would render absolutely useless his garage and driveway as it would be impossible for him to drive a car up this steep ramp and as the City ordinance requires a garage or carport on each property, he felt that some relief should be granted. Mayor Davidson asked Mr. Rood if he were presently using the garage for the storage of his motor vehicle. Nw. Wbod stated that he was not using the garage or driveway at the present time. City Attorney Houser stated that he had discussed this matter with Mr. ? ?ood and that &. Wood could apply for a variance to the Planning Commission so as not to require an off - street parking place at 1780 Fixlini Street. City Engineer Romero stated that the present driveway on this property was not built to any City standards, but that a proper driveway could be installed which would be no steeper than the present driveway, but would still allow all modern cars to negotiate the driveway without dragging if a sidewalk were Installed. Mr. Wood asked the City Engineer if he would object to the Planning Commission if a variance were applied for to allow the property at 1780 Fixlini Street not to have a parking space. 1 1 City Council Minutes July 6, 1964 Page -7- T. I. O'Reilly, 700 Grand Avenue, stated he had no objection to the installation of sidewalk and further, agreed that sidewalks were needed for safety and uniformity in the block, but he sta;:ed he was asking for a variance in sidewalk width in a portion of the sidewalk in order to protect a tree which has been growing for over seventy five (75) years. He also asked that the City review the records of survey at 700 Grand Avenue as there is apparently a question as to where the property lines are as he believed that a portion of the sidewalks mould be installed in the public way. cue therefore requested that the City Engineer and Mr, O'Reilly's surveyor, Phil Porter, get together and matte sure that the property lines are correct. City Engineer Romero reported as follows on Judge O'Reilly's re4uest with reference to the tree and the property line: Mr. Romero explained that Judge O'Reilly's pepper tree was 7'4" from the curb face and that the tree could be saved by use of a small block retaining wall and a sidewalk 94 to 5' in width in order to avoid cutting too many roots. He recommended that the exception be granted in this case. Mayor Davidson declared the public hearing dosed. On motion of Councilman Graves, seconded by Councilwoman &Ueil, that a variance be granted in the sidewalk widta at 'CJ Grand Avenue in order to save the tree and the sidewalk design to be approved by the City Engineer. Notion carried. Councilman Graves asked if M . Mood needed to procure a variance to eliminate the garage requirement on his property. City Attorney Houser stated yes, that variance from the garage requirement the exception. Mr. Wood should formally apply for a o that the official records would show On motion of Councilman Graves, seconded by Councilman hiller, that the City Council recommend to the Planning Commission that a variance be considered for Mr. Pood from the requirement of a garage on his property. On motion of Councilman Graves, seconded by Councilman Miller, the following resolution was introduced. Resolution Ho. 1312, a resolution overruling protests and ordering curbs, gutters and sidewalk improvements (1911 Act). Passed and adopted on the following roll call vote: AYES: Clay ?. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. 'Miller, Clell W. 5helchel NOES: done ABSENT: None 35. At this time the City Council considered a communication from Bramwell R. Anthony, IL D., requesting that the City Council take action to have sidewalk placed north of Foothill Boulevard from Chorro to Ferrini Road. Dr. Anthony stated he was requesting this due to the heavy concentration of children walking along this block and also the heavy motor traffic using this street. On motion of Councilman Miller, seconded by Councilwoman McNeil, the City "Engineer r•-yas requested to prepare a report for installation of sidewalk on the north side of Foothill from Chorro to Ferrini Road. Motion carried. On motion of Councilman Miller, seconded by Councilman Graves, the City Engineer was instructed to prepare a report to study street widening on the north side of Foothill from Ferrini Road to the westerly city limits. ibtion carried. City Council Minutes July 6, 1964 Page -8- 2. Mayor Davidson reported to the City Council on his meeting with Mr. Paul Emmert, Regional Director, Community Facilities of the HHFA. Mayor Davidson stated that Mr. Emmert told him that based on preliminary studies of the documents forwarded him by the City, he believed that funds could be available to the City for planning studies, such as traffic, parking, etc. Also, a financing plan should be prepared for the proposal and that the City should make application for planning money and that an interest free loan might possibly be made to the City. Mayor Davidson continued that Mr. Emmert will be forwarding the necessary forms to apply for planning money and hoped that Mr. Romero, City Engineer, and Mr. Chapman, Planning Director, would get on this application as soon as it arrived and prepare the application. 24. The following recommendation for action on the Mission Plaza was presented by Mr. Chapman, Planning Director: "In order to get this project moving and to lay the ground work for future detailed planning, I recommend that the following actions be initiated immediately: 1. Clean out creek bed and banks of trash, weeds, rocks and trim the overgrown shrubbery. 2. Demolish City owned buildings. 3. Adopt an underground utility enabling ordinance. 4. Set up an architectural control procedure for the Mission Plaza area. 5. Request Board of Supervisors to have flood control studies made for the creek upstream of the City. 6. Up date Faustman traffic report." mr. Chapman then showed sketches of possible methods of improving the creek area in the Mission Plaza area in order to get some action started on this development. Mr. Chapman urged that the City Council adopt his recommendation so that some action can be started on this development so that the businessmen and property owners can see that the City is taking some action and that they can begin making their own plans. On motion of Councilman Graves, seconded by Councilman Miller, that the following actions be taken on the recommendations of Mr. Chapman: 1. Clean out creek bed and banks of trash, weeds, rocks and trim the over- grown shrubbery. Action: To be completed by the Youth Corp crew. 2. Demolish City owned buildings. Action: To be accomplished as soon as possible with the tenant asked to leave within thirty (30) days. 6. Up date Faustman traffic report. Action: The Administrative Officer was instructed to get proposals from Mr. Faustman to up date the traffic and parking reports. 4. Set up an architectural control procedure for the Mission Plaza area. Action: City Council take action to set up an architectural control procedure or board.. City Council Minutes July 6, 1964 Page -9- 3. Adopt an underground utility enabling ordinance. Action: Reactivate study of underground utilities; Chairman Graves, Councilman ')helchel, City Attorney Houser, City Engineer Romero and Planning Director Chapman. 5. Request Board of Supervisors to have flood control studies made for the creek upstream of the City. Action: City to forward request to Board of Supervisors to have flood control made of San Luis Obispo Creek upstream of the City. Motion carried. 3. Administrative Officer Miller presented for the Council's information and consideration the following resolution. Resolution No. 1311, a resolution increasing the 1963 -64 Budget. (Account No. 208.1, Police- Salaries, be increased by $1,165.50; Account No. 210.1, Fire -2 laries, be increased by $1,634.95; Account No. 211.1, City Engineer, Salaries, be increased by $4,937.61; Account No. 212.1, Building Inspection - Salaries, be increased by $152.73; Account No. 219, Retirement, be increased by $762.18; Account No. 530, Water- Interest on Bonds, be increased by $7.50) On motion of Councilman Graves, seconded by Councilman Miller, Resolution No. 1311 was passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Miller, Clell W. T• ?helchel NOES: None ABSENT: None 7. J. H. Fitzpatrick, City Clerk, reported on bids received for Street Reconstruction, Phase M, Part 6. They were as follows -: Madonna Construction Company $11,928.70 C. S. Construction Company 12,218.50 A. J. Diani 12,314.50 Hi -Way Contractors 12,426.50 Guido 0. Ferini 120550.00 M. J. Hermreck, Inc. 12,607.70 Valley Paving & Construction Company 12,933.80 Ted Watkins Construction Company 15,559.00 R. H. Beecham 15,900-9.00 Rainey Construction Company 16,524.00 Engineer's estimate of construction 12,865.00 D. F. Romero, City Engineer, recommended that the low bid of Madonna Construction Company be accepted. On motion of Councilman Graves, seconded by Councilman Whelchel, the contract was awarded to Madonna Construction Company. 'Notion carried. 8. J. H. Fitzpatrick, City Clerk, reported on bids received for the Street Reconstruction, Phase M, Part 7. They were as follows: Madonna Construction Company $11,442.77 C. S. Construction Company 11,962.35 Hi -Way Contractors 122020.35 M. J.Hermreck, Inc. 12,266.37 G. 0. Ferini 12,295.25 A. J. Diani Construction Company 12,404.05 Valley Paving & Construction Company 12,425.99 Rainey Construction 14,974.60 R. H. Beecham 15,387.00 Ted Watkins Construction Co. 15,935.90 Engineer's estimate of construction 12,156.40 City Council Minutes July 6, 1964 Page -10- D. F. Romero, City Engineer, recommended that the low bid of Madonna Construction Company be accepted. On motion of Councilman Miller, seconded by Councilwoman McNeil, the contract was awarded to Madonna Construction Company. Motion carried. 9. J. H. Fitzpatrick, City Clerk, reported on. bids received for the construction of the North Broad - %array Street Culvert. They were as follows: Ted Watkins Construction Company $710740.00 Madonna Construction Company Q- 59407.00 14. J. Hermreck, Inc. 91,360.35 Engineer's estimate ^-6,900.00 D. F. Romero, City Engineer, recommended that the low bid of Ted Watkins Construction Company be accepted. On motion of Councilman Graves, seconded by Councilman Miller, the low bid of Ted 1•.Tatkins Construction Company was accepted. Motion carried. R. Administrative Officer miller presented to the City Council the following proposal from the Pacific Gas & Electric Company regarding street lights: Rates of mercury vapor lights had been lowered to compare favorably with smaller incandescents. Therefore cost of 6 - 8000 XV lights on Chaplin Lane, Albert Drive and McCollum Streets isould cost only $2.60 more a month than 4 - 2500 lumen incandescent and 2 - 4000's. On motion of Councilman Graves, seconded by Councilman Miller, the changes 1 as recommended by Richard D. Miller, Administrative Officer, were approved. Motion carried. 10. F_t this time the City Council committee studying the request for funds to be granted to the YMCA fo_ distribution of goodwill gifts in Japan repotted that a grant of money should be given to the YMC& group. On motion of Councilman 1iiller, seconded by Councilwoman i,&Neil, $50 was granted for the purpose of goodwill Sifts. notion carried. 16. The following communication was received from lay.C. Skinner regarding assessment financing of subdivision in Laguna Lake Village: "Mr. John H. Holtom of the firm of Nilson, Harzfeld, Jones & Morton, Attorneys and Counsellors at Law, has written to you at my request regarding subdivision financing through special assessment proceedings. Ile believe that the utilization of assessment financing in Laguna Lake Village will be beneficial to the City, that the development program provides good homes and well planned improvements, employment and economic growth and that placing our land under assessment bonds will enable us to better utilize our working capital to provide the man, public recreational facilities and amenities conuemplated in our planning studies. In addition to the information contained in Mir. Holtom's letter we wish to bring out the following information for your consideration: 1. Only land owned or controlled by our organization will be included in any assessment proceedings. No outside land owner or any purchaser of land we have already subdivided will be a party to the proceedings nor will their land in any manner become encumbered or subject to a lien. 2. Our using of this method of financing would not change or modify our development program other than to make possible the construction of recreational and other public facilities prior to the sale of homes. I will be glad to appear at a Council meeting to discuss our development program and answer any questions regarding our program and the use of assessment financing." City Council Minutes July 6, 1964 Page -11- Mr. Skinner appeared before the Council on behalf of his request stating that the reason he wished to use special assessment proceedings for financing his off -site improvements was so that his normal funds could be used to complete his over -all development including the recreational development of the lake and golf course. Mr. Skinner listed advantages to him of using assessment financing, particularly the fact that it would allow him freer use of the money with less control of conventional financing institutions. ra. Skinner also stated that he objected to the article on this subject in the newspaper and the editorial regarding his proposed use of assessment financing as he does not feel that lie is a fly -by -night promoter, but a substantial member of the community. Councilman Miller stated that he had received a report prepared by the County Planning Department regarding the County's experience in assessment financing which he would make available to members of the City Council if they so desired. Hayor Davidson stated he thought this proposal sounded interesting and that the Council should seriously study this matter as it would be very good for the development of the City. Mr. Skinner again stated that he was urging the City Council to seriously consider his proposal as it would allow him to put in all the off -site improve- ments and recreational facilities in his tract so that potential buyers can see his whole program developed. Mayor Davidson asked that Mr. Skinner submit a list of cities that used this method of subdivision improvement and also asked the Administrative Officer to contact these cities for their comments on this type of financing arrangements. Councilman Miller stated that due to this City's experience in the area of special assessment distr: ?cts, that he would personally oppose this type of financing and further, he stated that this was no reflection on Mr. Skinner, but that once this type of development was approved, other subdividers can use the same procedure. Mr. Skinner again stated he was asking for no special consideration and further, that they were not planning on using public funds, but were deliberately putting their land under bond proceedings for development. He again referred the City Council to the report prepared by John H. Holtom, Attorney, on assessment financing of subdivision improvements. On motion of Councilman 'vtelchel, seconded by Mayor Davidson, that this matter be continued to a later meeting when more information is available. Motion carried. 15. At this time the City Council considered for the second time the request of Ray C. Skinner for acceptance by the City of off -site improvements in Tract No. 279. D. F. Romero, City Engineer, stated that all conditions of the Subdivision Agreement have been completed, that the tract was built as per plans submitted, except for 150 feet of curb, gutter and sidewalk on Oceanaire Drive which is sinking and for which Mr. Skinner has deposited a sum equal to the repairs. He recommended that the tract be accepted by the City Council. On motion of Councilman Graves, seconded by Councilman Miller, that Tract No. 279 be accepted by the City Council. Motion carried. 29. The following communication was received from the Planning Commission recommending that the Council approve the final map of Tract No. 292: City Council ltiautes July 6, 1964 Page .12- "Resolution No. 77 -64 of the Planning Commission recommends approval of this tract subject to the following conditions: 1. Minor discrepancies to be corrected to the satisfaction of the City Fngineer. 2. Walkway to school to be provided unless ommission approved by the City Council. 3. Norwood to be changed to Drake, Atascadero between Oceanaire and right angle turn to be changed to Cabrillo. Due to a conflict of Cabrillo with the same name in Rolling Hills, it has been suggested that this be changed to Galleon. This tract originally included the lake frontage, however it is now proposed to develop this portion with condominiums and a beach club. A tentative planned development map of these has been approved by the Council." City Engineer Romero presented a map of the subdivision and explained the conditions for the City Council. He also presented the Subdivision agreement and conditions under which the subdivision was approved by the Planning Commission. Mr. Romero recommended that the final man of Tract No. 292 be accepted subject to the following conditions: 1. The subdivider shall extend sewer facilities through the subdivision with adequate capacity to handle an ultimate population of 4,500 people north of Madonna Road and west of Laguna Lake. The City will pay for excess capacity above that needed to serve the Johnson and Jobe properties after they are developed. 2. It is mutually agreed that the grading permit fee will be deposited with other subdivision inspection fees and that these funds will be treated as normal subdivision inspection fees. 3. All exposed slopes steeper than 3:1 shall be planted. 4. That in accordance with the State Government Code requirements, a Labor and Material Bond in the amount of 507. of the off -site improvements shall be deposited with the City. 5. The subdivider agrees to construct curb, gutter and sidewalk along the Los Osos Road frontage of the subdivision and to bring unpaved portions of Los Osos Road to subgrade. The City agrees to place base and paving on Los Osos Road. 6. The subdivider shall pay the City the sum of $3,785.00 (25.10 net acres at $350.00 /acre) connection charge to the City water system in accordance with section 7410.5.1 of the municipal Code. 7. The subdivider agrees to extend the exist on the north side of Madonna Road to Los Osos iron water main northerly in Los Osos Road to subdivision. S. The City agrees to pay for the difference 16" water line on Los Osos Road. ing 12" cast iron watermain Road and to extend a 16" cast the northerly limit of the between a 12" water line and a 9. The subdivider shall be entitled to such reimbursements as are specified under section 7410.7 of the San Luis Obispo Municipal Code. 10. It is mutually agreed that the subdivision bond covers the cost of install- ation of sidewalk across the frontage of Lot 1, Tract 279 and across the frontage of the south side of Oceanaire west of Balboa Tract 279. 11. Filing of the required subdivision bond. n City Council Minutes July 6, 1964 Page -13- 12. Filing of the necessary inspection fees. 13. Filing of the subdivision guarantee. On motion of Councilman Miller, seconded by Counc resolution was introduced. Resolution No. 1313, final map of Tract No. 292, Laguna Park Flomes No. ilwoman McNeil, the following a resolution approving the 10. Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald ^. Hiller, Clell W. i?helchel NOES: None ABSENT: None 20. On motion of Councilman Graves, seconded by Councilman Whelchel, the following contract payments and change orders were approved: W. M. LYLES COMPtZly Flora- Johnson Water Improvements FRED J. EARLY, JR. CO., INC. hater Plant Improvements VALLEY PAVING & CONSTRUCTION CO. Street Reconstruction, Part 5 ARNOLD A. VOLNY City Hall k1terations VALLEY PAVING & CONSTRUCTION CO. Pismo Street Reconstruction M. J. HERMRECK, 0C. Foothill Boulevard Culvert M. J. MMIRECK, INC. Paving, Phase M, Part 3 Est. -#4 $6,088.96 (1007. Change Order #1 172.50 Complete) Est. #10 862481.35 (907. Change Order #1 1,140.00 Complete) #2 432.00 #3 1,287.14 #4 300.00 Est. #1 49163.40 (40% Complete) Est. #3 2,363.00 (1009 Complete) Est. #2 82956.59 (35% Complete) Est. X61 1,207.00 60 (1.67. Complete) R_-t. #1 12,613.14 Est. #2 (final) 1,401.46 (1007. Complete) 36. Communication from the 'Mellow Cab Company requesting an additional taxi stand on Higuera Street, was referred to the Ta:ti Committee on motion of Councilman Graves, seconded by Councilman Miller. tibtion carried. On motion of Councilman Miller., seconded by Councilwoman McNeil, the meeting ad}ourned at 11:15 P. I& to 7:30 P. M., Monday, July 13, 1964. Motion carried. Approved: August 3, 1964 H. FMPATRICK, CITY CLERK