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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