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HomeMy WebLinkAbout08/03/1964REGULAR MEETING OF CITY COUNCIL tugust 3, 1964 - 7:30 P. M. CITY HALL Invocation was given by Mayor Clay P. Davidson. Roll Call Present: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret &%Neil, Donald Miller, Ciell F. Uhelchel City Staff Present: P. Chapman, Director of Planning & Building; J. H. Fitzpatrick. City Clerk; W. Flory, Superintendent of Parks & Recreation; W. M. Houser, Jr., City Attorney; R. D. Miller, Administrative Officer; R. Vosburgh, representing the City Engineer's Office; L. Schlobohm, Fire Chief; W. Schofield, Police Chief; E. P. Thompson, ';later Superintendent. On motion of Councilman Graves, seconded by Councilman V;helchel, the minutes of July 6, 13, 20 and 23, 1964 were approved as read. Notion carried. On motion of Councilman Miller, seconded by Councilman Whelchel, claims against the City for the month of August, 1964 were approved, subject to the approval of the Administrative Officer. Motion carried. 1 ----------------------------------------------------------------------------------- 1. On motion of Councilman M3iller, seconded by Councilwoman McNeil, the following salary step increases were approved: AMROSE, Leona, Typist - Clerk, from Step 2 at $345 to Step.3 at $365 per month, effective September 1, 1964. BARRE, Eugene H., Laborer - Equipment Operator, from Step 2 at $405 to Step 3 at $430 per month, effective September 1, 1964. DAY, John W., Laborer -E ;uipment Operator, from Step 2 at $405 to Step 3 at $430 per month, effective September 1, 1964. DOVE, Mark L., Police Officer, from Step 1 at $455 to Step 2 at $480 per month, effective September 1, 1964. GRICE, N. trlene, Parking Enforcement Officer (Female), from Step 2 at ;385 to Step 3 at $405 per month, effective September 1, 1964. HARRIS, William R., Laborer- Z{uipment Operator, from Step 3 at $430 to Step 4 at $455 per month, effective September 1, 1964. JOHNSON, Bert C., assistant Project Operator, from Step 3 at $430 to Step 4 at $455 per month, effective September 1, 1964. 2. On motion of Councilman 11helchel, seconded by Councilman Miller, the following contract payments were approved: FRED Je EARLY, JR., COe, INC. Water System Improvements Est. #1 $47,544.22 (95% complete) Change Order #4 $300.00 Change Order #5 $375.00 M. J. HEBMRECR COMPANY Foothill Blvd. - Stenner Creek Culvert 8st. #2 $27,339.07 (41% complete) City Council Minutes August 3, 1964 Page -2- VAT.M PAVING & CONSTRUCTION COMPANY Pismo Street Re construction Est. $3 $24,936.16 (91% complete) MADONNA CONSTRUCTION COMPANY Phase "M", Part 4, Bond & Motley Est. #1 $£337.21 (10% complete) Richard D. Miller, fdministrative Officer, explained the following regarding water lines on Bond Street. He stated that after street work began, it was discovered that water line was in very bad shape and unless the pipe were replaced it would make for a very poor street job. If formal bids were secured, the job would be delayed to an intolerable extent. The estimated cost of the project was $5,000- $6,000. City Attorney Houser explained the Charter provision regarding water lines, that the City Charter permitted performances of work exceeding $2,000 in costs without complying with the formal bidding requirements if such work was determined by four affirmative votes of the Council to be of urgent necessity for the preservation of life, health or properties, and the Council passed a resolution declaring the facts constituting such urgency. (later Superintendent Thompson stated that the existing water line on Bond ' Street has seriously deteriorated and that said line cannot be re2aired and is leaking to the extent that adjacent property and the street will be seriously damaged if said line is not replaced. ',•le further stated that the deteriorated line creates a health hazard to the property owners receiving water service from said line. On motion of Councilman 'v*uelchel, seconded by Councilman Graves, the following resolution was introduced. Resolution No. 1324, a resolution declaring the urgent necessity for replacement of a water line without formal bids. Passed and adopted on the following roll cZ11 vote: AYES: Clay P. Davidson, R. L. G-ave.:, J -., Miss Hargaret Mci' il, Donald i. Miller, Cleii.W. &)helchel NOES: None ABSENT: None 3. J. H. Fitzpatrick, City Clerk, reported on bids received for replacement of two (2) motor scooters fo-- the City Police Department. They were as follows: Burdick's Battery & Electric - Item #3 - $1,467.00, Item #3a - $1,237.002 Item A - $19467.00, Item 14a - $1,237.00. R. D. Miller, Administrative Officer, recommended acceptance of alternate 3a and 4a. On motion of Councilman ':lhelchel, seconded by Councilman Graves, the bid of of Burdick's Battery and Electric was accepted. Notion carried. 4. At this time the City Council held a public hearing on the appeal of Madonna Construction Company from a decision of the Planning Commission in denying their request for a rotating sign on the service station at Madonna Inn. Mayor Davidson declared the public hearing open. Harry Harphv, Attorney, explained reasons for requiring the sign to revolve, due to location, etc. He stated that he did not believe that the sign would bother anyone as it is backed by mountains and would only affect the Madonna property, and urged that the City Council allow this sign as it is the normal nationwide trademark of the Union Oil Company. City Council Minutes lugust 32 1964 Page -3- Councilman Graves reported for the Council Committee studying signs that rotate and flay?: and their preliminary studies of recommendations to the Council for amending the ordinance were as follows in so mar as rotating signs wire concerned. 1. Rotating or flashing signs would be counted as two (2) times maximum cross sectional area to be subtracted from maximum allowing sign. area. 2. Maximum sire for rotating or flashing sign would be 45' measured as maximum cross section. 3. Maximum revolutions per minute for routing sign would be six. (6) complete revolutions per minute. 4. Maximum size in any direction would be 4' from center of rotating point or pivot point. The Committee stated that the sign requested by Madonna Construction Company would fit into the above recommendation and recommended approval of this request. P. Chapman, Planning Director, stated that the reason for the Planning Commission's denial was a long standing policy of the Commission and approved by the Council, denying the installation of rotating and flashing sigss. Mayor Davidson declared the public hearing closed. ' On motion of Councilman Whelchel, seconded by Councilman Graves, the request for a rotating sign was granted. Motion carried. Mr. Houser, City Attorney, was asked to prepare a resolution for Council consideration incorporating the above standards to govern revolving signs. 5. At this time the City Council held a public auction on the sale and removal of sludge from the sewage treatment plant. Mayor Davidson declared the public auction open. The following bid was received: Triangle Products P. 0. Box 71 Hanford, California .50p per cubic ;yard Mayor Davidson declared the public auction closed. On motion of Councilman i+Iiller, seconded by Councilman "nelchel, the above bid was accepted and that the Mayor be authorised to sign the contract on behalf of the City. Notion carried. 6. At this time the City Council held a public hearing on receipt of bids for the furnishing of publicity and promotional activities for the City of San Luis Obispo. Mayor Davidson declared the public hearing open. The following bids were received: Chamber of Commerce $500.00 per month, effective July 1, 19G4 Donald J. Righetti $6,000.00 per year. Mr. Righetti appeared before the Council and presented his qualifications and experience in public relations and community activities for his proposal to the City Council, Councilman Hiller suggested that the Mayor appoint a committee to investigate both proposals and report back to the City Council. City Council Minutes August 3, 1964 Page -4- Peter Kardel, Chamber Vice - President, stated that the Chamber, a going organization, has submitted a bid, that they were responsible and were not as the other bidder, just coming to San Luis Obispo to start a busines *, which he believed was risky for the City. Councilman Graver, agreed with Councilman Miller that a Council committee should be appointed to investigate both bids and bidd.-rs and report to the Council. On motion of Councilman Miller, seconded by Councilman Graves, that the Mayor appoint a Council committee to study and investigate both bids and make a recommendation to the City Council. Councilman V.1helchel stated he approved both bids, but that he did not see how Mr. Righetti could establish an office and still do the work required by this contract. Further, he believed that the Chamber of Commerce would be the only one that can do the ;ob in accordance with City specifications. Councilman Miller stated he disagreed, as the Council should investigate both bidders to see who can do the job the best for the City. Ed Davin, President of the Chamber of Commerce, urged that the City Council make their decision tonight and not refer this matter to a Council committee. Notion lost on the following roll call vote: AYES: R. L. Graves, Jr., Donald Miller ' NOES: Miss 1argaret McNeil, Clell 77. Whelchel, Clay P. Davidson ABSENT: None Mayor Davidson stated that he believed the Ch&mbe_ had the best .,ualifications and the best established and that they are qualified and should have the support of the City. On motion of Ha or Davidson, seconded by Councilman.F7helchel, that the contract be awarded to the Chamber of Commerce. Passed on the following roll call vote: AYES: Clay P. Davidson, Miss Margaret 1;r-Neil, Clell 17. T;Thelchel NOES: R. L. Graves, Jr., Donald Miller ABS NT: None 7. At this time the City Council continued a public hearing on the appeal of Goodman -Weber from a denial of the Planning Commission of requested rezoning from R -1 to R -3. Mayor Davidson declared the public hearing open. The following telegram was received from Irvin.J. Rogan: "I ash that the following be read at the Feber- Goodman rezoning E:ugust 3. An important matter of ethics not legality is present in Councilman Miller's participation in this rezoning. I urge this matter be discussed thoroughly by the City Council and Planning Commission. It has been made clear in hear- ings before both groups that this rezoning will open up the remainder of deep lots on Felton Way to re- oning. Councilman miller has deep lot tental property only four and seven houses away from the current rezoning. In view of Councilman Miller's known interest in property investments I find it impossible to acknowledge that he has no personal and financial = nterest in this matter." City Attorney Houser gave his opinion regarding Councilman Miller's ability to take part in the discussion by stating that so long as Councilman hiller City Council Minutes August 3, 1964 Page -5- did not have any ownership or financial interest in the property, or development thereof, he could participate in the discussion and vote on the requested rezoning. Councilman-Miller stated as far as he was concerned he would oppose the rezoning of his property on Felton Way as he believed it is zoned R -1 and should stay that way. Mr. Lux protested the rezoning because of increased density, high speed traffic, and the protection of Teach School. Peter Weber stated that he did not wish to go over the entire presentation Again As he believed that each objection had been discussed and proved erroneous and that the proponents have presented a formal programmed proposal in a straight - forward way and asked that the Council decide the matter at this time. Further, he did not believe that this was again to be discussed as he thought the public hearing was closed at the last meeting and was only held over to see if the Planning Commission had any additional information to support their decision of denial. City Attorney Houser, upon question, answered he did not believe that a rezoning could be made conditional as to time, use, etc. Mayor Davidson asked Mr. 'Weber if he would help develop Highland Drive as a condition of the rezoning. Mr. Weber answered yes, he and Mr. Goodman would be pleased to cooperate with the City in the development of the improvement of highland Drive and would wholeheartedly cooperate with the City to develop Highland Drive. City Attorney Houser suggested that the Council pass a resolution of intention to rezone subject to the necessary agreement as to cooperation in the Highland Drive extension. Mr. Weber stated he wished that if the Council were going to rezone the property they would do so and not delay the project as they would like to proceed with the property development as they wish to start immediate construction of the apartments. City Attorney Houser stated that the reason for his suggestion was to allow Mr. Weber to decide how much financing he could contribute to the street development prior to actual rezoning by the City Council, that the question of how much of the proposed street was to be improved and the cost of such improvements should be ascertained before the City and Mr. Weber could make an intelligent decision commiting Mr. Weber to his financial participation. Mr. Weber stated he would participate in the construction of a half width street for the full length of his property, as the proposed street is 80 or 84 feet wide and he would improve half of the street to City standard. Councilman Graves stated that he believed that it was unfair to condition the rezoning on the improvement of Highland Drive as the rezoning should be granted or disapproved on its own merits with no conditions. Councilman Miller agreed with Councilman Graves that the zoning should be on its own merits. Mayor Davidson stated he only brought up the matter of Highland Drive so that the proposed apartment house traffic could be channeled to use Highland Drive and not Felton Way which would make for better ingress and egress to the development. On motion of Councilman Miller, seconded by Councilman Whelchel, the following ordinance was introduced. Ordinance No. 289, an ordinance rezoning the Goodman -Weber parcel from R -1 to R -3. Introduced and passed to print on the following roll call vote: City Council Minutes August 3, 1964 Page -6- AYES: Clay P. Davidson, Donald .. Miller, Ciell W. Whelchel NOES: R. L. Graves, Jr.., Miss Margaret McNeil ABSENT: None Councilman Graves stated that he voted against the motion because the people who are objecting are residents of the area and their wishes should be respected. 8. At this time the City Council held a discussion with the San Luis Obispo County Pure Water Association on the matter of water quality control at Santa Margarita Reservoir. C. F. Hamlin, Chairman of the San Luis Obispo County Pure Water Association, listed objectives of their organization which was to protect the water purity of the water in terminal reservoirs and particularly the affect that recrea- tion would have or water purity. The organization was particularly interest- ed in the Santa Margarita Lake being operated under Title 17 of the Adminis- tration Code of the State of California. Mr. Hamlin then listed actions since June 10, 1963 to date in attempting to protect the water at Santa Margarita Lake. Dr. Harper, City Health Officer, stated that he has not changed his feelings regarding operation of Santa Margarita under Title 11 and continued efforts by his department for sanitary control at the lake. Dr. Harper believed that the provisions of Title 17 should be adopted including the conditions suggested by his department for sanitary control of the reservoir. Councilman Miller suggested that possibly a committee should be appointed consisting of representatives of all the groups interested in Santa Margarita Lake. They could attempt to analyze any problems that may occur at the reservoir and make recommendations for the operation of the lake. Councilman Miller suggested that the committee should consist of 1 member of the Board of Supervisors, 1 member of the Council, 1 representative of the Health Department, 1 member from the Department of Beaches and Parks, 1 member from the Pure outer Association, the County Hydraulic Engineer, 1 member of U. S. Army representatives and 1 member of the Sportsmen's Association. Dr. Harper thanked the Council for past help and support of protecting the purity and quality of the City's water supply. On motion of Councilman Miller, seconded by Councilman Whelchel, that the City Council go on record approving the suggested committee and the Mayor to submit a list to the Board of Supervisors for their concurrence, and the Mayor to set the first meeting. Motion carried. 9. At this time the City Council held a public hearing on the appeal of Harry Gronbeck from a decision of the Planning Commission in denying his request to allow parking in R -1 zone adjacent to apartment development in an R -3 zone. Mayor Davidson declared the public hearing open. Peter Chapman, Planning Director, presented a sketch of the property and explained the Planning Commission's reason for denying the use permit to allow parking on the R -1 portion adjacent to the R -3 and also the reason for denying a variance for the same use. Mr. Chapman stated that the Municipal Code does not allow parking in R -1 zones adjacent to R -3 zones. Mrs. Benner appeared before the Council urging that if this development is approved that they be required to plan planting to protect the peace and comfort of the adjacent properties. She stated that she objected to the use City Council Minutes August 3, 1964 Page -)- of R -1 for apartment parking, but if allowed by the Council, that a decent landscaping plan be required to protect the adjacent properties. City Attorney Houser explained the Code procedure for the Council's consider- ation in granting parting in an R -1 zone for apartment house use. He stated that the Council could not grant a use permit but a variance could be granted if the findings required by the Municipal Code as a condition for granting of a variance could be made by the Council. Councilman Graves stated that he believed that the sanctity of the R -1 should be protected as the adjacent owners should be protected. On motion of Councilman Whelchal, seconded by Councilman Graves, that the appeal be denied. Councilman Whelchel agreed that this variance was in affect a rezoning, as the lot was an extension of the R -3 use, and there are no conditions for granting a variance. Councilman Miller asked could not the Council find for the applicant with conditions that a block wall and landscaping be installed in order to protect ' the R -1 dwellings adjacent. Mr. Chapman again explained the conditions under which an R zone can be used adjacent to a C or M zone but not adjacent to other R uses. Councilman Miller stated he believed the Council should find some way to allow this improvement in order to get rid of the attrocious building existing on the property at this time. Councilman Whelchel stated that he could see no reason for granting a variance as the condition of cost was not a condition for allowing the variance. Mayor Davidson stated he believed that the City should encourage this type of improvement which is better than existing improvements and further, that it would be better to allow the parking on the R -1 zone than to require a three story building with garages underneath. Air. Gronbeck appeared before the Council on behalf of his appeal from the denial of the Planning Commission to use a portion of R -1 zone for parking adjacent to R -3 zone uses. Mayor Davidson believed this was a good development for this property and hoped that the Council would vote down the motion and grant the use with certain conditions such as landscaping, etc. Councilman Whelchel stated that you must keep in mind that the conditions for granting a variance have not been met and that further, other applications of this type would then use this exemption as an example for exception. Mr. Chapman stated that if Mr. Gronbeck would apply for a rezoning he could then go ahead without a use permit. Councilman Miller stated that he believed this was a good project and hoped that some arrangement could be made regarding landscaping, etc. Councilman Graves stated he would withdraw his second and suggest that this matter be held over until the developer and the City staff have gotten together and prepared a plan for the parking and landscaping, etc. for the use of the property. Councilman Graves withdrew his second. City Council Minutes August 3, 1964 Page -8- Mayor Davidson declared motion lost for the lack of a second. Councilman Graves suggested that action be deferred until the developer consults with the Planning Director and City Engineer and they present a plan showing parking layout and landscaping. Mr. Gronbeck stated that he has studied this matter for several months and that he does not believe it was Possible to change the layout without losing parking. On motion of Councilman Miller, seconded by Councilman Graves, that the appeal be denied. Motion carried, Mayor Davidson voting no. X. Communication from Retail Merchants requesting that either a red loading zone or a parking space be set aside for the Retail Merchants Back to School promotion so that bicycles can be displayed for publicity purposes. On motion of Councilman Miller, seconded by Councilwoman McNeil, referred to the Traffic Committee. Y. Communication from the San Luis Obispo City Firemen's Association requesting permission to hold their nineteenth annual Firemen's Ball on Saturday, August 15, 1964, between the hours of 9:00 P. M. and 1:00 A. M. at the Elks Club in San Luis Obispo. Permission granted on motion of Councilman.Miller, seconded by Councilwoman McNeil. I 10. Report from the Taxi Committee on the request of the Yellow Cab Company for an additional taxi cab stand on Higuera Street, was held over. No action recommended until the work on Higuera Street is completed and the committee will look into the second request for a cab stand on Morro or Monterey Streets in front of the Anderson Hotel. 11. Report of Council Garbage Committee, was held over to August 17, 1964. 12. On motion of Councilman Miller, seconded by Councilman Whelchel, Ordinance No. 286, an ordinance authorizing execution of lease of a portion of Whale Rock Reservoir, was introduced for final passage. Finally passed on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 13. Consideration by the City Council of the request from Johnson Highlands, Inc. for the final acceptance by the City of San Luis Obispo of off -site improve- ments in Tract No.212, was held over as the improvements have not been completed. 14. Resignation from John Feliciano as a member of the Planning Commission effective July 31, 1964. The resignation was accepted with regret. Mayor.Davidson nominated William T. Miller, Jr., to be a member of the Planning Commission to complete the term of Jack Feliciano, resigned. The Mayor gave the City Council a background rundown of Mr. Miller's qualifications, experien- ces, etc., and stated that he felt that Mr. Miller would be a fine addition to the Planning Commission. Councilman Graves submitted the name of John Evans to be a member of the Planning Commission to complete the term of J. Feliciano, resigned. City Council Minutes August 3, 1964 Page -9- Councilman Graves stated that Mr. Evans had shown an interest in City affairs by attending both the Council meetings and Planning Commission meetings, even when he was not personally involved in the issues. Councilman Graves believed that Mr. Evans would be a fine addition to the City Planning Commission. Councilman Miller agreed with the statements of Councilman Graves and that he too believed that Mr. Evans would make a good Planning Commissioner. On motion of Councilman ,filler, seconded by Councilman Whelchei, that the City Council meet with the two candidates for Planning Commission membership to discuss their interests and qualifications. Meeting to be held at 7:00 A. M. on Friday, August 7, 1964, at Corcoran's restaurant. Motion carried. 15. Resolution from the County Board of Supervisors, a resolution of intention to quitclaim public property for highway purposes to the City of San Luis Obispo for Johnson Avenue widening, was ordered received and filed. 16. Communication from Kuuthson -Helms requesting permission to delay the tree planting in Tract No. 317 until such a time as the development has been fully occupied. On motion of Councilman Graves, seconded by Councilman Miller, the request was granted subject to the filing of bond guaranteeing future planting of trees. Motion carried. 17. Communication from the Fair Play Council requesting use of the Council Chambers on September 11, 1964, was ordered received and filed. 16. Proposal from D. Jackson Faustman to make a study and report on a grade separation over the Southern Pacific Tract at Orcutt Road, was presented for Council consideration. On motion of Councilman Miller, seconded by Councilman Whelchel, the communication was ordered received and filed. 20. Communication from Peter Andre, Attorney, on behalf of F. M. & L. R. Soules, for permission to hook up to the City sewer system at property located at 246 S. Higuera Street, was referred to the City Engineer for report. The City Council discussed the request and the staff explained the Planning Commission's action in denying a requested subdivision on the property due to lack of sewer and water facilities. On motion of Councilman Miller, seconded by Councilman Graves, the Administrativ.= Officer was requested to contact Standard Oil Company to see if they wish 1 to be included in lower Higuera water and sewer district. Motion carried. 21. Peter Chapman, Planning Director, presented plans and specifications for the Higuera Street crosswalk and requested authority to call for bids. Mr. Chapman estimated the cost to be $2,400.00. On motion of Councilman Miller, seconded by Councilman Graves, authority was given to call for bids and the plans and specifications were approved, as amended. Motion carried. 22. William Flory, Park & Recreation Superintendent, presented plans and specifications for relighting of the social hall at the Recreation Building and requested authority to call for bids. On motion of Councilman Miller, seconded by Councilwoman .McNeil, the plans and specifications were approved and authority was given to call for bids. Motion carried. City Council Minutes August 3, 1964 Page -10- 23. Communication from the City Council of the City of Dairyland forwarding a resolution encouraging more efficient use of school sites. On motion of Councilman Whelchel, seconded by Councilman Miller, the communication was referred to the Park & Recreation Director for investigation and report. Motion carried. 24. R. D. Miller, Administrative Officer, announced the appointment of Ronald L. McRernon as Police Officer effective August 16, 1964 at $455 per month, subject to a probationary period of one year. 25. Communication from the County Historical Society thanking the City Council for the installation of directional signs to the Dallidet Adobe, was ordered received and filed. 26. Report of the Youth Corps activities for the weeks of July 13 -17 and July 20 -24, 1964, were ordered received and filed. 27. Communication from the Board of Supervisors approving the request of the City Council for the Hydraulic Engineer to make flood control studies of San Luis Creek. Mr. Chapman is to request a proposal from Mr. Bob Born, County Hydraulic Engineer, on the cost of making the requested study. ' 28. The following bids were received for demolishing the two houses on Monterey Street in connection with the Mission Plaza Project: J. A. Roberts of Santa Maria $985.00 Bernard Duveneck of San Luis Obispo $2,500.00 plus Paul's Crane Service $2,600.00 Morris Sash of Oceano has offered to carry out the demolitions at $3.00 per hour as.an employee of the City: Mr. Chapman recommended that the bid of J. A. Roberts be accepted. On motion of Councilman Miller,.seconded by Councilwoman McNeil, the bid of J. A. Roberts was approved. 29. Communication from Peter Chapman, Planning Director, to Richard D. Miller, requesting approval to hire a Mrs. Thompson as Junior Draftsman, at range 3, $365 per month, on a full time basis in lieu of the employee approved in the budget. Administrative Officer Miller recommended approval of Mr. Chapman's request. On motion of Councilman Graves, seconded by Councilman Miller, the request was approved. 30. On motion of Councilman Miller, seconded by Mayor Davidson, a public hearing was set for August 17, 1964 on Tracts No. 330, 331 and 332. Motion carried. --------------- - -- 11:10 P. M. Councilman Miller left the meeting. 31. The City Council adjourned to an Executive Session at 11:15 P. M. to discuss property acquisition with pending litigation. 32. On motion of Councilman Graves, seconded by Councilwoman McNeil, the meeting adjourned to 7:00 A. M., Friday, August 7, 1964 at Corcoran's Cafe. Motion carried. Approved: August 31, 1964 �/'J. H. V TZPATRICK, CITY CLERZ