HomeMy WebLinkAbout11/30/1964ADJOURNED MEETING OF CITY COUNCIL
November 30, 1964 - 7:30 P. M.
CITY HALL
Invocation was given by Mayor Clay P. Davidson.
Roll Call
City Staff
Present: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald 0. Miller, Clell W. Whelchel
Present: P. Chapman, Director of Planning & Building; P. Clark,
City Librarian; J. H. Fitzpatrick, City Clerk; W. M. Houser,
City Attorney; R. D. Miller, Administrative Officer,
D. F. Romero, City Engineer; L. Schloboha,' Fire Chief;
W. Schofield, Police Chief;-E. P. Thompson, Water
Superintendent.
A. Ken Smee appeared before the Council on behalf of the Church of the
Nazarene asking that the City Council relieve the church of paying the
water front footage charge on Southwood Drive as they feel that as they
do not own the property adjacent to Southwood Drive they should not have
the responsibility of paying for the water main.
George Helms, representing Ann Arbor Estates, reported to the Council that
the refund involved in this matter is due his company under a subdivision
agreement for extension of water lines signed by the City of San Luis Obispo
in accordance with the provisions of the Municipal Code.
D. F. Romero, City Engineer, explained that Mrs. Johnson, previous owner of
the properties along Southwood Drive (Smee Lane), had retained a 6 foot
strip for widening of Southwood Drive but that she had never actually offered
it for dedication. The developers of Ana Arbor Estates had dedicated
60 foot right of way south of the 6 foot strip, therefore the strip is no
longer needed for street purposes. The City staff has considered this
6 foot strip as no detriment to issuance of a building permit to properties
behind the strip and has assessed these properties for sewer and water as
though they had direct frontage. This procedure had been approved by the
City Assessment Attorney in 1957, therefore the current water assessment is
in keeping with long standing procedures on this property.
W. M. Houser, City Attorney, explained the Municipal Code provisions regard-
ing water main extension reimbursement. That pursuant to the Municipal
Code, when a subdivider extends City water mains the Water Superintendent is
directed to prorate the cost of a 6 inch main and proportion the cost against
all lots which may be benefited by connecting to the main in the future.
These proportionate costs against each parcel must be reimbursed to the
subdivider if any of the lots hook up within a ten year period. Therefore,
technical legal frontage is not the criteria for proportioning the cost, and
since this parcel has, in fact, hooked up, the subdivider is entitled to
this reimbursement. That the proper procedure, if the Council disagrees with
the Water Superintendent's method of apportioning the costs, is to amend the
Code or issue specific directions to the Water Superintendent on how he
should make his apportionment. That, inasmuch as the Water Superintendent
has followed the Municipal Code procedure, the Council would have no authority
to change the amount due the subdivider, and that if the Church does not
pay the amount upon hook up, then the City would have to pay such amount.
Also, the Church must have some ownership and property rights in the 6 foot
strip because they are using driveway access to their parking lot and, in
fact, if they did not enter on Southwood Drive they could not use any part
of their parking area.
Mr. Houser also explained that the Church, in order to make use of the
property, must cross the 6 foot strip.
City Council Minutes
November 30, 1964
Page -2-
The City Council discussed with the City Attorney the problem of the
6 foot strip and its effect on the Church property. The Council also
discussed alternative methods of assessing the water service charges
instead of the method required by ordinance.
Mr. Ken Smee stated that Mr. Blaser, owner of the 6 foot strip, told him
that he will never give the Church any additional frontage. Further, he
stated that the Church of the Nazarene was not protesting the amount of
money for the service charge but only protesting the fact that they do not
have frontage along Southwood Drive and therefore should not pay for
Southwood frontage.
Mayor Davidson suggested that the City acquire the 6 foot strip and have the
Church put in curb, gutter and sidewalk and then pay for water service.
Councilman Whelchel believed if the Church has no frontage, they should not
be required to pay for water connections.
E. P. Thompson, Water Superintendent, explained the method of billing the
Church of the Nazarene for frontage and acreage.
George Helms again explained the conditions under which his company installed
the water lines in Southwood and the agreement with the City. Mr. Helms
also reminded the Council that he reimbursed Mr. Flagg for a portion of the
Southwood Tract sewer line on Johnson Avenue even though the City would not
allow any lot in his tract to have access to Johnson Avenue.
Councilman Graves asked if the City could purchase this 6 foot strip and then
deed it to the Church to be included as part of this property.
City Attorney Houser answered that it would depend on whether the property
was being acquired for public purposes.
Mayor Davidson stated he believed that the subdivider should be reimbursed
but that the City was to blame in not arranging to acquire this 6 foot strip
and including it in the street right of way.
On motion of Councilman Miller, seconded by Councilman Graves, that the
Church be required to pay front footage on Johnson Avenue. That the City
reimburse the subdivider for Southwood water line until the City or Church
acquires the 6 foot strip at which time the Church would reimburse the City
for Southwood line subject to an agreement between the City and Church or
the Church would be required to pay whenever the Church hooks up to water
on Southwood, or other owners would reimburse the City when developed.
Motion carried.
1. The City Council received a letter from the Civic & Fine Arts Association
informing the Council that their Association has been working with Stone &
Youngberg, financial consultants, to make feasibility studies for the
establishment of a District which would make possible a Civic Auditorium
and Fine Arts Center, and that the reports should be completed before the
first of the year. The letter stated that the boundaries for the proposed
District have been determined as follows: The District would consist of
the Avila School District and the San Luis Obispo Elementary School District,
plus City boundaries which are in excess of the local school district
boundary. The Civic and Fine Arts Association also asked the City Council
If when making future annexations to the City, that the Council require that
the newly annexed areas be included in the Park & Recreation District.
Fred Lucksinger appeared before the Council discussing with the City Council
progress to date on formation of the District.
Peter Kardel appeared before the City Council and presented to the Council
the proposal for the development of an art center and conference and
convention center. He continued that the Cal Poly Architectural Department
has been making studies of sites and types of structure for the development.
City Council Minutes
November 30, 1964
Page -3-
Mr. Kardel again explained the next steps in the formation of the Parks
and Recreation District.
E. J. Fabbri, Financial Consultant for the Association, appeared before the
Council to discuss the financial aspects of the formation of the Parks
and Recreation District to develop a cultural center and a convention center
for use of the community.
Mr. Fabbri stated that the committee has studied various methods of financing
such as a conservative bond issue, borrowing on anticipated revenue or pay
as you go out of current tax revenues. He stated that the group felt that
a conservative use of a bond issue would be the best so that the buildings
may be built now for use of existing residents of the district as well as
future inhabitants.
2. At this time the City Council heard a presentation of the Brown and Caldwell
report entitled, "Report on Refuse Collection Rates."
John Luthin, Vice President of Brown and Caldwell, went over his report with
the City Council in detail, explaining studies made for the report, consider-
ations given and recommendations arrived at.
On motion of Councilman Miller, seconded by Councilwoman McNeil, that the
original Council Committee of Councilman Miller and Mayor Davidson continue
the study of garbage rates. Motion carried.
3 A. Communication from the City Library Board forwarding agreements and
resolutions relative to the contract for the Black Gold Library System.
Miss Clark, City Librarian, appeared before the Council and explained
provisions of the recommended agreement.
On motion of Councilman Whelchel, seconded by Councilman Miller, the follow-
ing resolution was introduced. Resolution No. 1355, a resolution authorizing
execution of a joint exercise of powers agreement established by the Black
Gold Cooperative Library System.
Passed and adopted 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
B. Communication from the Library Board requesting that the City Council
apply for a new Library Planning Grant.
Miss Clark explained what the Library Board had in mind in asking for an
additional Library Planning Grant.
On motion of Councilman Graves, seconded by Councilwoman McNeil,the follow-
ing resolution was introduced. Resolution No. 1356, a resolution authoriz-
ing participation in application for Library Planning Grant.
Passed and adopted 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
City Council Minutes
November 30, 1964
Page -4-
15. Communication from the Planninx Director recommending that the City
Council adopt a building setback line on Rockview Place, was scheduled
for a public hearing on December 21, 1964 at 8:00 P. M. on motion of
Councilman Miller, seconded by Councilman Graves. Motion carried.
4. Report by the Council Committee (Miller and Graves) studying the street
widening policy as it relates to multiple residential property and
commercial property.
On motion of Councilman Miller, seconded by Councilman Whelchel, the
following resolution was introduced. Resolution No. 1358, a resolution
amending Resolution No. 1346 establishing policy on widening of City
streets.
Passed and adopted 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
On motion of Councilman Miller, seconded by Mayor Davidson, authorization
was given for properties presently under negotiation by the City be allowed
under existing policy, but property owners must complete negotiations within
ten (10) days. Motion carried.
10. Communication from the Human Relations Commission announcing new officers
and asking that the City Council appoint additional members to the
Commission.
On motion of Councilman Whelchel, seconded by Councilman Graves, the
following persons were appointed to the Human Relations Commission:
Reverend Bruce E. Tjaden, M. S. Willard, Reverend Gerald K. Duckett.
Motion carried.
6. Traffic Committee Report of November 19, 1964.
64 -12 -1T The City has had a request from the Cigar Factory Restaurant
for some type of loading zone in front of the restaurant which would be
effective after 4:00 P. M. to accommodate attendant parking for the rest-
aurant. The Traffic Committee has looked into this and can see all types
of problems resulting from such a zone. Furthermore, at this time, we see
no need for such a zone. With the Council's permission, we would like to
continue observing this situation in case a real problem develops.
64 -12 -2C The Traffic Committee has looked into the temporary loading
zone for the Christmas Sled and feels that the most practical approach would
be to load and unload passengers on the north side of Higuera Street between
the two driveway ramps leading into and coming out of Parking Lot #6. To
facilitate turning movements, we recommend that the Sled proceed in a
westerly direction on Higuera Street to Marsh, then make the left hand turn
at Marsh and proceed easterly to Johnson, then turn left on Johnson to
Higuera, then turn left onto Higuera and proceed back to the point of
beginning.
64 -12 -3T The Traffic Committee has observed a severe traffic hazard in
the vicinity of Highway No. 1 and Westmont Drive and feels that turning
pockets and some type of speed limit other than the 65 MPH might be justified.
We recommend that the City Engineer be authorized to write the Division of
Highways, asking that they make a study of the problem.
64 -12 -4T The Traffic Committee has received a request that the red zone
on the east side of California south of Monterey be extended for two car
spaces to facilitate right hand turning movements, We think this is a good
idea and recommend the enlargement of the red zone.
City Council Minutes
November 30, 1964
Page -5-
Councilman Whelchel suggested that in the future whenever red zones are
considered for installation that the Traffic Committee discuss this with
the property owner.
64 -12 -5T In connection with the relighting project by P. G. & E., we
have had a recommendation from the power company to.install three (3)
additional lights along Higuera Street between Marsh and the Silver City
Trailer Park. These would be located in the vicinity of the Levi Zentner
Company, the intersection of Madonna Road, and along the front of the
Division of Highways headquarters. We feel that some additional lighting
is needed and recommended the increase. The additional cost would be some
$16.00 a month.
64 -12 -6T In connection with a revised parking layout which is being
studied for the Security Bank parking lot, we feel that some revision
of parking meter zones on the surrounding streets would also be helpful.
We recommend that the three (3) spaces in front of the lot on the west side
of Osos Street be eliminated and that one additional parking meter space
be established in the abandoned driveway ramp on the north side of Marsh
west of Osos.
On motion of Councilman Graves, seconded by Councilman Miller, the
following resolution was introduced. Resolution No. 1357, a resolution
establishing parking restrictions on California, Osos and Marsh Streets.
Passed and adopted 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
8. At this time the City Council discussed further the proposal of D. Jackson
Faustman to make a study and report for a grade separation structure over
the Southern Pacific tracks at Orcutt Road. Cost of the study to be
$2,650.00 and approximately four (4) to six (6) months to complete.
On motion of Councilman Miller, seconded by Councilman Graves, that
Mr. Faustman be retained to make the study. Motion carried, Councilman
Whelchel and Mayor Davidson voting no.
On motion of Councilman Whelchel, seconded by Councilman Graves, the meeting
adjourned at 11:15 P. M. to an executive session to discuss property
acquisition and possible litigation.
APPROVED: December 7, 1964
e,ZZY H. ZPATRICK
CITY CLERK