HomeMy WebLinkAbout09/07/19651
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Roll Cali
City Staff
Present:
REGULAR MEETING OF CITY COUNCIL
September 7, 1965 - 7:30 P.M.
CITY HALL
Emmons Blake, Frank Gallagher, Donald Q. Miller,
Arthur F. Spring, Clell W. Whelchel
Present: P. Chapman, Director of Planning & Building; J. H. Fitzpatrick,
City Clerk; W. Houser, City Attorney; R. D. Miller, Adminis-
trative Officer; L. Schlobohm, Fire Chief; W. Schofield,
Police Chief.
On motion of Councilman Blake, seconded by Councilman Miller, the minutes of
August 10 and 16, 1965, were approved as read and the minutes of August 2 and
23, 1965, were approved as corrected. They were corrected as follows:
August 2, 1965 - Page 5, Item 10 Should read, "Request from Tropicana Village
requesting a 30 foot driveway access..... ", instead of 20
foot driveway access.
August 23, 1965 - Page 2, Paragraph 1 Should read, "places control in the hands
of a group that is not constituted to defend the interests of
the City. Operation of the dam and related facilities should
be controlled by the City and /or Army by virtue of their joint
permit for use of the water; the County has no such permit.
Such a change would ......
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On motion of Councilman Miller, seconded by Councilman Gallagher, claims against
the City for the month of September, 1965, were approved subject to the approval
of the Administrative Officer.
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1. Mayor Whelchel presented Certificates of Completion earned by the following
Fire Department Personnel in connection with advance courses in firemanship:
From State Department of Education:
Officers Workshop ")
Battalion Chief Mervyn F. Dixon
(32 hour course at Annual "Fire Training
From State Fire Marshal: (38 hour course in "Fire Prevention Engineering ")
Fire Marshal William H. Woodward
Fire Inspector James Rankin
Fire Captain Donald J. Kaye
From the University of California: (40 hour course. in Fire Prevention)
Fire Captain Stanley J. Mello
Fire Inspector James Rankin
From Allan Hancock College, Santa Maria: (3 -unit, 54 -hour college course in
Fire Science and Fire Protection, 1 night per week during off -duty time for
18 weeks, plus $18.50 registration fee)
Fireman William Callaway
Fireman Richard Reppert
Fireman Douglas Krebs
Fire Captain John Silva
Fire Captain Patrick Dempsey
Battalion Chief Mervyn Dixon
Fireman Henry Tonini
Fireman Donald Burns
Fire Captain Don Kay
Fire Captain Stanley Mello
Fire Captain Harry Blumhorst
Mayor Whelchel offered his congratulations and thanked the Fire Department
personnel for the time and effort expended on this training to better serve
the City of San Luis Obispo and its citizens.
City Council Minutes
September 7, 1965
Page -2-
2. On motion of Councilman Blake;-''seconded by Councilman Spring, the follow-
ing ordinance was introduced for final passage. Ordinance No. 318, the
1965 -66 Tax Rate Ordinance.
Finally passed on the following roll call vote:
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AYES: Emmons Blake, Arthur F. Spring, Frank Gallagher,
Donald Q. Miller'; Cleil W::IWhelchel'
LA
NOES: None
ABSENT: None
_3.. Traffic Committee,-Report .of :August ^26, - 1965.,: '
65 -9 -1C The Traffic Committee has continued•iio =study the bicycle rack
proposed in the vicinity of the Fremont Theater and has met with County
representatives on the matter~ We would :like:to;- coritinue_•this:-study in=
eluding ^the: taking. of'photographs to see`:just how' great- a-- problem:ibe''ar&�" ,, '
faced with. • :There is ::some,. feeling,on "ithe`part-of' -the County:representai ves"'
that it.would be better to keep the youngsters on the theater side of the
street- as_a':safety measure:'' After we; =have complefed�'our.;study,_we. will_'::!::', '.
report back..to the.Council:•:,
The Council had no objection.
_
:t . 65- 19 -2T' -A _.problem involving abuses `on tour has', come to the attention of
-the Traffic.,Commi•ttee: :'Many_.times,'expecially' during the summer months,
buses -.come into-town for lunch or-for shopping. visitstin -the downtown area
,and:arerunable to:findla:'staisfactory place to :park. :'On one recent occasion;:
the Police Department cited the bus . for'non - payment of parking meter fees
as there was no exception in the ordinance for this type of parking. How -
ever,,.in the interest.ofcencouraging? tourism; the Ti affic,Commiftee
_• ,recommends. - that,, :the .Counc L:'approve an zinformal :polidy. whereby the:= Police
Department may overlook the payment of parking meter.'fees, for buses•on tour:.-
__.._, The. City. Council ..discussed- the• -problem of- -tour buses. •being--allowed- -to •park-
in the downtown area and being required to feed parking meters or pay parking
-:f- ides... The- ,Counc -il asked' whyj: could. the..buses :not. park -.in frontiof 'the Mission
1:.-so. -that visitors ::could visit the..Missiom and:. "downtown stores:) -The City
_...
Council discussed the best alternate to the problem and still not congest
the main streets An town:
On motion of Councilman Miller, seconded by Councilman Gallagher, the matter
was re- referred to the Traffic Gommittee:l ^'Motion'carr.ied.'
65- 9_-3T..•:i ;The- 'Traffic -Committee' has: looked' at the .short stretch of "Santa
JLucia that runs between Foothill Boulevard and Cerro Romauldo and then
continues-as Santa Lucia after jogging right-and pioceediiig in'a northerly
direction above Cerro Romauldo. We feel thati.it:would -make more'sense to
have this short stretch of street changed to-Jeffrey, because Jeff-ieyis
the major street going into this part.of the City. There is one house
which.,fronts on.';Santa-.Lucia in:.the-.location referred to:' ItAs 'recommended
that the renaming of this block be referred to the Planning Commission for
recommendaiton. r7 =
The matter was referred to the Planning Commission.
& :: 'Communication from .'.the Administrative- Officer reques ting extension-o f
time to September 20, 1965 of his( report� on- the,investig'ation:of b:d :Building
Department.
On motion of Councilman Millerm; seconded by Councilman - Blake; =the request
was granted: "Motion carried-:Y:[
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City
Council Minutes
September 7, 1965
Page
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10.
Communication from Fire
Chief Schlobohm regarding the disposal of the
ninety (90) foot steel'tower'at 748 Pismo Street, Fire Station No. 1.
Chief Schlobohm recommended that information be disseminated on the tower
and that a price be set
for purchase of $100.00 on the three (3) air
tanks and plumbing, and
$100.00 for the Gamewell air horn regulator, etc.,
and offering the tower
free of charge to any agency willing to remove it at
their expense.
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On motion of Councilman
Miller, seconded by Councilman Gallagher, that the
tower be removed as per
the recommendation of Chief Schlobohm. Motion
carried.
4.
At this time the City Council, held a public.hearing on the recommendation of
the Planning Commission
to establish building setback line on Higuera from
Marsh Street to Madonna
Road.
Robert Vosburgh presented a sketch of the proposed setback lines on Higuera
Street from Marsh to Madonna Road. He presented a map.showing. the full
twenty (20) feet on the west side and one on the east side.
Mayor Whelchel explained the actions to date by the City Council on establish-
ing a setback line on Higuera Street.
Mayor Whelchel declared the public hearing open..
' Edward Ruda questioned the reasons for the widening of Higuera Street as
recommended by the Planning Commission and the City Engineer.
Robert Vosburgh stated that the City Engineer picked the east side for
widening as there would be less land to acquire dne to intersections and
streets.
Cecil Evans asked what.is proposed, ten (10).feet off each side of the street
or twenty (20) feet off of one side, east or nest.
Dick Willett asked if it would not be better to delay any action on this
setback until the City Council has made their complete plans for develop-
ment and widening of all City streets,
Don Campbell, Manager of the County Farm Bureau, urged no action on this
proposal as it is unfair to the property owners who have developed property
and twenty (20) feet taken from their property would be quite a loss to each
property.
Ed Ruda again urged the Council to keep in mind the nature and use of the
property on the east side of Higuera Street, which is particularly shallow
and a setback line would completely damage the property and urged that the
Council go to the west side.
Yz. Mehlsehau asked if the Council has considered taking.off all.parking
on Higuer8 Street which would give two (2) way traffic, which is apparently
what the Council is looking for, a way to move more traffic on Higuera St.
Cecil Evans, property owner, stated that he felt that the widening should
be ou the west side of Higuera as all the lots on this side.are mnch'deeper
than the east side and would be effected the least.
Allen M. McLeod, 251 Higuera Street, stated that if twenty (20) feet were
taken from his property he could not use the balance as half of his building
would be made worthless.
Communication from Elton Tognazzini protesting the setting of a building
setback line on Higuera Street without paying the property owners for their
land.
City Council Minutes
September 7, 1965
Page -4-
V.
Arley Cody, 313 Higuera Street, stated he would lose his entire property
if twenty (20) feet were taken off the east side.
J. R. Silva stated that he would lose his entire operation including
buildings. if the street were widened on the east side due to shallowness
of the lots, and urged-that the Council take the widening off the west ,
side only.
Mayor Whelchel delcared the public hearing closed.
Councilman Blake'stated that the comments of the public present were
interesting as the feeling was that the widening should'be on the west
side which was the Council's feeling at the last hearing.
Councilman Spring stated that it was apparent that the people present all
agreed that the widening should be on the west side, which he stated was
his feeling at.the last hearing as he felt the size of the lots on the
west side would allow widening without irrevocably damaging the entire
property.
Councilman Gallagher also agreed that it was apparent that the people present
wanted the widening taken from the,west side, which feeling he agreed with,
as he felt that if the widening were taken on the east side it would require
the acquisition of entire parcels due to the shallowness of the lots on the
east side.
Councilman Miller stated that he has always felt the proper side for the
widening was the west side and further, this would do the least damage-to
existing property owners and businesses.
On motion of Councilman Gallagher, seconded by Councilman Spring, the ,
following ordinance was introduced. Ordinance No. 322, an ordinance estab-
lishing official building setback on South Higuera From Marsh Street to
Madonna.Road.
Introduced and passed to print on the following roll call vote:
AYES: Frank Gallagher, Arthur.F. Spring, Emmons Blake,
Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
5. At this time the City Council held a public hearing on proposed °amendment
to Ordinance No: 303, an ordinance requiring right -of -way dedication and
improvements on major streets.
City Attorney Houser briefed the provisions. He stated that Ordinance no.
303 had been.adopted by the Council as a result of the policy in the City
of Los Angeles,'i'equiriug dedication and improvement by any property owner
building or developing adjoining property zoned less restrictive than R -2
solely at the property owner's expense. This policy had been tested-in
Superior Court in Los Angeles and had been upheld and had resulted in a
savings of many millions of dollars to the City of Los Angeles -for cost ,
of widening all of their major and secondary streets.
The existing Ordinance No. 303 did not go as ;far as the Los Angeles ordin-
ance in that the City of Los Angeles requires the property owner.to improve
the full street right of way to the centerline, wheras the City of 'San LUis
Obispo would pave the street at City expense to the new improvements
installed by the property owner..
City Council Minutes
September 7, 1965
Page -5-
Introduced and passed to print on the following roll call vote:
AYES: Frank Gallagher, Donald Q. Miller, Emmons Blake,
E`.rthur F. Spring, Clell W. Whelchel
NOES: None
ABSENT: None
1 On motion of Councilman Miller, seconded by Councilman Gallaghert the
following resolution was introduced. Resolution No. 1474, a resolution
amending Resolution No. 1358 (1964 Series) establishing policy on widening
of City streets.
Passed and adopted on the following roll call vote:
AYES: Donald Q. Miller, Frank Gallagher, Emmons Blake,
Arthur F. Spring, Clell W. Whelchel
NOES: None
ABSENT: None
9. Communication from William Flory, Superintendent of Parks & Recreation,
submitting his recommendation for tree control for Madonna Road, stating
there are 29 cypress and 1 eucalyptus trees which need topping, balancing,
and a third of the trees should be cut down. Fe recommended that trees
#1, 42 51 10, 11, 14, 15, 190 229 232 26, 27, and 29'be cut down to six
inches above ground, and that sixteen (16) cypress and one (1) eucalyptus
be topped, balanced, dead wood removed and debris hauled away,
Mr. Flory received a bid from Davey Tree Surgery Co., Ltd., which is as
follows:
"1. We are quoting the following prices to complete the following work.
29 cypress and 1 Euc. tree located on the Madonna Road. E/0 Pereira Ave.
San Luis Obispo. Top - Balance - Deadwood - Thin out'16 Cypress and 1 Euc.
Cut down to six in. above ground 13 Cypress. Haul all debris. Total
$29875.00.:
2. Same trees as above Top and trim sides 16 Cypress - Top and balance
I Euc. Cut down to six in. above ground 13 Cypress. Haul all debris.
Total $22150.00. The trees to be cut down would be starting at Pereira
Avenue going east. Tree #1, 4, 5, 10, 11, 14, 15, 19, 22, 23, 26, 27, 29."
The amendment suggested to the Council is recommended by the Council
'
Committee and requires the City to pay each property owner who must
dedicate his property,' a sum of money determined by multiplying the
assessed value of the parcel as shown on the City's assessment roll by four,
dividing the amount by the number of square feet in the parcel, then multi-
plying the result by the square feet indolved in the dedication. Approval
of the Committee's recommendation would require the enactment of Ordinance
No. 323, amending Ordinance No. 303.
Mayor Whelchel declared the public hearing open.
Mayor Whelchel declared the public hearing closed, as no one appeared before
the Council regarding this matter.
On motion of Councilman Gallagher, seconded by Councilman Miller, the
following ordinance was introduced. Ordinance No. 323, an ordinance
amending the requirements for street right -of -way dedication and improve-
ment.
Introduced and passed to print on the following roll call vote:
AYES: Frank Gallagher, Donald Q. Miller, Emmons Blake,
E`.rthur F. Spring, Clell W. Whelchel
NOES: None
ABSENT: None
1 On motion of Councilman Miller, seconded by Councilman Gallaghert the
following resolution was introduced. Resolution No. 1474, a resolution
amending Resolution No. 1358 (1964 Series) establishing policy on widening
of City streets.
Passed and adopted on the following roll call vote:
AYES: Donald Q. Miller, Frank Gallagher, Emmons Blake,
Arthur F. Spring, Clell W. Whelchel
NOES: None
ABSENT: None
9. Communication from William Flory, Superintendent of Parks & Recreation,
submitting his recommendation for tree control for Madonna Road, stating
there are 29 cypress and 1 eucalyptus trees which need topping, balancing,
and a third of the trees should be cut down. Fe recommended that trees
#1, 42 51 10, 11, 14, 15, 190 229 232 26, 27, and 29'be cut down to six
inches above ground, and that sixteen (16) cypress and one (1) eucalyptus
be topped, balanced, dead wood removed and debris hauled away,
Mr. Flory received a bid from Davey Tree Surgery Co., Ltd., which is as
follows:
"1. We are quoting the following prices to complete the following work.
29 cypress and 1 Euc. tree located on the Madonna Road. E/0 Pereira Ave.
San Luis Obispo. Top - Balance - Deadwood - Thin out'16 Cypress and 1 Euc.
Cut down to six in. above ground 13 Cypress. Haul all debris. Total
$29875.00.:
2. Same trees as above Top and trim sides 16 Cypress - Top and balance
I Euc. Cut down to six in. above ground 13 Cypress. Haul all debris.
Total $22150.00. The trees to be cut down would be starting at Pereira
Avenue going east. Tree #1, 4, 5, 10, 11, 14, 15, 19, 22, 23, 26, 27, 29."
City Council Minutes
September 7, 196.5
Page--6-
Mr. Flory . recommended that the City solicit competitive bids for work with
alternatives to remove all trees or just rim, balance, etc.
On iot'i-c'n'of Councilman ;-Blake, seconded by CouncilmanGallagher,-,.:that,b ids
be called. for. with. ilternaae: for, &o lete.removal -and. one, to- just..:trhmj
balance..`and.',cut..to. 6, above, g-rpund...incjl,cypKeps: trees: -. Motion- carried.
6..j 'At this- time t he;Cit y Councilcheld:a p .-,o
ublic�,hearingn the recommendation
..of. ,the Planning-,.Commission ,to-..rezone. 24 Choiro Street -from--R-7l, to. C-1'.:,
and 26 Chorro Street from R-1 to R-2.-.�
Mayor Whelchel declared the, public., heAFIing,.
There. being. no one. to appear before the; Council regarding _, this- matter
'
Mayor Whelchel declared the public hearing- closed..-
Planning-Director-Chapman=.presented to the-City Counci-l-:some-.of!,.the.matters
consid-etEd ','bT-tWe--P.Iiin-5iirLg. Commission: iii,making -ttC6i3 rec6mmeiq4at-ions;;: such
as...access, parking.:--4-
........ . ..
On motion of Councilman Blake, seconded by Councilman Gallagher, the follow-
ing ordinance was.hintrodu ; ced Ordinance No-.-. 325 ; an-, ordinance amending the
Official Zone Map, to rezone 24 Chorro Street from R-1 to C-1-S.
Introduced and passed to:.'print on the .,following rolL,call vote:
AYES: Emmons Blake, Frank Gallagher, Donald-Q. Miller,
Arthur F. Spring, Clell W. Whelchel
NOES: None
-7,
.............
-ABSENT:':,rN.ne
On motion'of Councilman Miller, seconded by Councilman Gallagher•, the ,follow-
ing ordinance was introduced. Ordinance No. 326, an ordinance rezoning
26 Chorro Street from -R -1 to R-2
Introduced and,,p4ssed.,to-pKi t;on the following roll ,call vote:-:.
AYES: Donald Q. Miller, Frank Gallagher,
Arthur F. Spring, qlell W. Whelchel-
NOES: Emmons Blake
ABSENT: None
.13.r. ,C
ommu.n.ic.at.ion..f-rom..Leonard R. ..Thrasher, 575,.Stanford,Drive,.-requesting
permission to
appear beforethe'.City. Council-.: to _protest, inst�alldtion of stop
signq,,on Cuesta Drive at,-Felton -Way!-.and,C.erro Romauldo.,�
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Leonard R. --Thrasher,,j:-,5?,5-
.�Stanf.ord:.Prive, appeared; bef ore-, the7 City., Council
protesting the installation of stop signs on Cuesta Drive at Felton and at
Cerro Romauldoz,-.
Mr. Thrasher read from the California Behicle Code the requirements.for
.making-crosswalks at.,intersections-near-.�schools..,:He,.s.t.a.ted..the,existiftg
sign,s -.make -a shattered.conditioni-of-.;the inter sect-ions.,-of Felton :and .-'
::Cerro Romauldo with Cuesta Drive..-- He felt,.it:was unfair,tb.,so: prQtect,,
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only,. -one school -in the -City. -He -also read,-from ..the. United, States:Govern-
ment Suggested Uniform Traffic Laws, on installation of actuaXs'stop: ..signs.
Mr, Thrasher, also.- stated
-"%th-at-.. "Cu-e sta
"Drive, w ' as; ' th ej[Pajorm,collector for,c
process2ng-a large volume,.•of straffic - from, ,sibdivi%ions; north :of, this :area a
f or; access to. -Foothifi:Boilevar4,Jndon,,downtown. ;
-Hey cqntineud.,that.. -the
r.Cinstallation, of-these two-way stop,,signs will-• -.not -protect. •.child,. pedestrians
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City Council Minutes
September 7, 1965
Page -7-
as the proper control of children is from their parents and not from traffic
' devices. He presented the following petition signed by twenty seven (27)
persons:
The undersigned residents protest the stop signs recently installed on
Cuesta Avenue at Felton Way and at Cerro Romauldo and request that these
stop signs be removed for the following reasons:
1. This portion of Cuesta Drive is a through street (collector) as
classified with the Division of Highways. Installation of stop signs at
the above locations is not in consonance the criteria established by
Part 89 State Highway Planning Manual.
2. The traffic situation in this area has not changed materialy for some
time, and there has been no history of accidents at these locations warrant-
ing installation of stop signs.
3. Observation of conditions on the street leads to the conclusion
that if there is a problem it is a parental one.of keeping children from
playing in the street.
4. Information furnished by the police department is that there is no
history of excessive speed on this street, and that after a traffic check
conditions as to speed were regarded as normal.
5. If it is considered that the street is too narrow, accepted traffic
engineering practice is to prohibit on- street parking and paint curbs red.
6. School crossings are normally protected by marked crosswalks and by
traffic guards when the amount of traffic warrants.
7. There exists a dip (cross gutter) in the street across Cuesta Avenue
at Felton Way that makes it necessary to cross the intersection at about
10 miles per hoer."
Councilman Miller stated that the City Council has placed the stop signs
on Cuesta Drive at Felton and Cerro Romauldo at the insistence of the
residents of the area and the mothers of school and pre- school children in
the vicinity.
Councilman Gallagher stated that this street is used as a collector, but was
not built as one and that he felt that the signs might save a child's life
and that he felt it was worth the delay in time for motorists using Cuesta
Drive.
Mr. McIntyre stated he was one of the
stop signs and was sure that the Coun
time and hoped that the Council would
are.
Mr. Rodman also wanted the Council to
School pedestrian traffic, the school
for the Junior High School and Senior
count in the area.
persons who urged installation of the
ril made the correct decision at that
leave the protective devices as they
remember that in addition to Teach
bus loads at Cuesta and Cerro Romauldo
High School, adding to the pedestrian
Councilman Spring
stated he was for leaving
the signs as they are for the
safety of the children using the school and
the park and that he felt the
half minute delay
to motorists was not worth a child's
life.
Mr. Forsyth, Teach
as they are doing
P. T. A., urged that the
the job in protecting the
Council not
pedestrians
change the stop signs
from the high speed
auto traffic.
Mr. McIntyre stated he was one of the
stop signs and was sure that the Coun
time and hoped that the Council would
are.
Mr. Rodman also wanted the Council to
School pedestrian traffic, the school
for the Junior High School and Senior
count in the area.
persons who urged installation of the
ril made the correct decision at that
leave the protective devices as they
remember that in addition to Teach
bus loads at Cuesta and Cerro Romauldo
High School, adding to the pedestrian
City Council Minutes
September 7, 1965
Page -8-
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Mayor Whelchel thanked Mr. Thrasher for his presentation and stated he agreed
in general with the statements made, but that he felt conditions on Cuesta
Drive at these intersections needed this type of safety device. Also, he
stated that the Council will again look into the Cuesta matter if and when
Highland Drive is. .o ened,for through traffic.,• -• r'_;; cc.` =_
Councilman Miller stated he made a commitment to the parents and will not
change his decision, but will stay with the stop signs as is
On motion of ;.Councilman.Miller:,. seconded by Councilman-, Gallagher,.that:,the
,
Council follow 'the policy,, previosuly,.- ,set,by.:t_he, Council. - ,- Moti"oa; carried.
7...,. At. :this -. time .the, City. Council held a.:,,public.•hearing_ on .thei amendment of
.taxi. rates. ;•, 5.:
Mayor Whelchel declared the public.hearing-open on the;ra.quest of,:the,A;& M'
Cab Comapny to adjust taxi cab rates per Resolution No. 1360, by eliminating
r,_: ,the_requirement.of,25% for out of.,town; trips._.
,
V^ J. Axman A & M Cab Company, appeared before the- Council - urging that the
taxi cab rates called for in Resolution No. 1360 be amended to eliminate
the -. 25 %r increase over: -the meter- rates ,, for.. out of .town
,.. _
Mr. Axman,'stated that he was losing business as the -.taxi cab riders., will
not ride the cabs if they have to pay the extra 25% rate.
J. _.Evert•.,__ Yellow,_ Cab Company ] driver;; stated. that,; he fel_ t the - 25% was-. fair
and that the meter rates as set,jby,,Resolution No. 1360 are fairr_-and:equit-
able for the cab drivers and the cab company.
Lois_ Hart,__. Yellow ._Cab:Companyrdriver,::asked what would.happen.,.to•out of:,
town fares if the Council eliminated their control over the'cab fares. She
... -felt that this.,would hurt her.,way..of, making a. living and w_oul_d•,get into rate
cutting and negotiating'with the customer.:
Mayor.:Whelchel..stated.. that . the;purpose. of-the meeting - .was -to- ;.determine•;
- whether the,City•- ,Council would- give.up.their control of out -,of, town. -rates
and just control the rates in the City.
Communication.,fr_ om, Calfiornia. Taxicab:,Association urging.:that the:City- ;Council,
in`'the Literest ,of- protecting- the citizens of.. the - ;City,' continue;contfol over
_cab rates in,.and -out of. town.,and,urge _strict :control- over•.cab, meters: -: -
Mr. Wendt, Attorney for Yellow Cab Company, stated he felt that it was silly
for the..Council to_control:.in -town rates and not out -of -. .town- rates;as :Jthis
- ailows. the public to,be gouged;by not.using establisli d rat69 and ;. would. allow
;.each cab. company -to set -,its_own• fare, .,which would be unfair,to_,the,,riding
public.
Mr.- Wendt.stated,he_felt that the- reason Mr..Axman.,was asking for,,the.elim-
`inatio.n -of out.of .town_rates' was because his,meter•cannot';— cdu -fo`rm t`o'the
'. , _...
City`"regulations . as,he has Our chased.a cheap. er.meter,than- the,one'purchased 11
by the Yellow Cab Company, whosetmeters comply with City requirements. He-
further believed that the reason given:.by,.Mr. Axman for requesting; elimination
_ :. 1
of `Elie y25/ :is fictitious,, : as, the Teal ,reason :he _has asked is because .he does
not'wish to spend'themoney necessary to make the meters in the -A & M;Cabs
comply with City requirements. Further, Mr. Wendt stated he felt th""""
at the
.Council has the :dutyto .establish rates ::for all .cab .companies -in .order -.to
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.protect the citiz"- '_from rate.cutting.and_ price gouging.,
`Mr. "Axmari appeared before the Council stating that his company was pre -`_
paring to correct their meters to meet with the City requirements, but he
again stated .that unless; the 25 %.was..re.moved on all,.out,of, town.1trips, ;they
would be in. -poor financial- shaperas, they ate losing r business, :and all7le,.was
asking T'i3 was elimination of'the,25% overcharge„ for, out •of ,town trips .. <.
City Council Minutes
September 7, 1965
Page -9-
Elois Flores, driver for Yellow Cab Company, explained.
cutting presently existing in the City on both in -town
and hoped the City Council would make some provision to
' fairly, for both companies.
Mayor Whelchel declared the public hearing closed.
the problems of rate
and out -of -town trips
enforce the rates
On motion of Councilman Gallagher, seconded by Mayor Whelchel, that all cabs
comply with existing taxi cab rates on the meters, including 25% for out of
town trips for at least one year and comply with all the provisions of the
ordinance, effective October 1, 1965.
Councilman Blake asked the Police Chief if Yellow Cab Company complies with
the ordinance.
Police Chief Schofield stated they did not; but they do now.
Councilman Spring stated that if the cab meter approved by the Police
Department in January now does not comply, he felt that the Council was lax
in granting approval to this type of meter without knowing full particulars
of the use of the meters.
Motion carried.
Mr. Wendt brought up for Council discussion the matter of the roof light on
the cab being on when cab is empty and the light being off when cab is in
operation with a passenger, said light being activated by the cab meter handle.
City-Attorney Houser stated the existing ordinance requires that when the
meter is operating with a passenger, the light must be off and when the meter
is out of operation, this light must be on, and unless the ordinance was
amended, this requirement would stand. It was the feeling of the Council
that the ordinance be complied with.
19B. Peter Chapman, Planning Director, presented to the City Council the revised
plan for the Planned - Development of Mustang Village ( Litzie).
Mr. Chapman explained the type of construction that was going to be placed
in the Planned Development, the number of units, parking, etc.
He stated that the project had been approved as amended by the Planning
Commission and therefore recommended that the City Council also approve
the amended Planned Development for Mustang Village.
On motion of Councilman Miller, seconded by Councilman Blake, the following
resolution was introduced. Resolution No. 1472, a resolution approving
revised Precise Plan for Litzie Planned Development.
Passed and adopted on the following roll call vote:
AYES: Donald Q. Miller, Emmons Blake, Frank Gallagher,
Arthur F. Spring, Clell W. Whelchel
NOES: None
ABSENT: None
19A. The following communication was received from the Planning Director, regarding
plan check fees and building permit for Mustang Village:
"The Atwood Grove Construction Company has requested a reduction in the plan
check and building permit fees to be charged for the first phase of Mustang
Village ( Litzie).
City Council Minutes
September 7, 1965
Page -10-
os
sx
The policy of the City for several years has been to charge building permit
.fees and plaA•che.ck fees as set out in the Uniform Building Code and to--`:
7,..charge separates fees. for. each,,kui14ing,,in%aLl.g; oupy'prj: -.tract regardlesb-.bf
any 'repeti.tibn,,of -a- standard design .: The., valuations of 11dirigs -fori.deter-
bu
minat� fees is base&.on,the cost p,@T-. square foot j-_. publishedt j(iiiodfcally
B
by the International Conference of Officials:.: These ..figures -are
used regardless of the actual cost of a building.
Mr.. Grove requests the fol-lowin"g modifications:
rj
I.. A -redT(ffi6d. 07ffiF Udsic, valuation -based, on. a contract, figure which-�will
... . ......
,be lower ,thifi,,that- whiEh: the •ICBO,table would-.p;7oduce,
ICBO basis=.$1,209,00.0
Stated. Contract.. $756 $75§
.PO
2. A plan check fee charged forone building only, as the subsequent
buildings will-be-made4up.-of the ,same unitsi. JhereS. is a,, total -of 12517
apartments in 18 buildings varying r m o�
4 to 10 ajiREeni�i in size.
Jhe...cumulative.zef f ect 6f approval,of this request the-'
-,,,building pexmit..fee.-from,.$�i'�5"_ $ �.q 150., and.% the )plan! check fee- from.-I
A
$1,480 to '$"60d._'
This will involve a basic change in department policy and,I•requestoCouncil
guidance in this matter. The effect of this change if applied to apartments
and „tracts built. ,las.,t .,,,year j would have reduced the- total rplap�I
check%if ees
..:.collect ed.for..' the., year from 7$4,42O:-to.,$1,18O..
Mr.- Richard Tolladay, representative of Atwood Giove Land Company, stated he
_
based.;their reqqest,,of.,,E24pction.in fee, on,the, opinion�o f.�i the, Planning.
Director-of...the-City, of,.Fresnoi California,.,who-accepted -whatev.erifI
�� . .1%. M 1 .1. , , " .. , - - - . ..: :figure is
given by the.contractor..and,.ftot.,by.so'm arbitrarv.:scale.-established%by some
,outside ,,oraanization-.
Planning Director Chapman stated that the Uniform Building Code adopted by
,:,_,the- City. specifies.that a separate- building. perpit,,ppst;bp obtained -:for, :each
building aind,inclddes-aJee schedule for -'s-u'ch -- -:A:p ._c e at
.,,.permits'..
the rate of'laik the building permit fee,' is also specif"ied. Determination
of valuations -for-assessing,,fees-is-left.-.to
; .'.%'.'. - ' the ,discretion ' iof
,.the:.Buildin g
Official Council, ip q I icy established. in 195 8 a dop t ed the � u Yalua t
ion
Data" publi6hed periodically by
- the "i'd"O as 'a iaiis_ f- -or. -determining fees.
San Luis Obispo and.Santa,-Barbara.Counties.,also,s'everal-adj_oininR...communitites,
f oll:6�i the ICBO in deteimining,valuations and. he,state_d-,_he.,f eltc.that iti:would
4i
be preferable to continue using — this . guide - as ... being fairest to all concerned.
It also avoids the,,tqRp a p
develo er :to submit,_.aAishonest&oqtract
figure E.; i r��!
Mr. Chapman stated that the effect of allowing Mr. Graves' request, regarding
valuation and charging one plan check ,-.fee-for,-thei-whole,,.preduce ject-i!would redud
the total fees from $4,466 to $2,600, 'approximately.
�111;1.r L
Recent correspondence with -ICBO indicated..tkatIsit..wouldi-.b.e proper to assess
a plan check fee based on the valuation of a whole project, it it consisted
of repetitive work; rather than charging a separate fee..,for eacho.building.
The City Council discussed the proper procedure for charging building permit
fees and plan check fees by the City and the basis for such charges.
On motlon7of -Councilman,Miller., seconded by, Councilman..Gal-lagher-,-:..the- reduced
fee was approved. Motion'carried.
bn �.o •
tion• Oo;f',Uun,'ci tQ-1aighei'2 1 -sicbnded Councifman-3pring,... the_. .follow-
ing res,olution was introduced. Resolution No. 1471, a -resolution modifying
policy regarding building permit and plan check fees.
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City eouncil Minutes
September 7,1965
Page -11-
Passed and adopted on the following roll call vote:
AYES: Prank Gallagher, Arthur F. Spring, Emmons Blake,
Danald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
27. On motion of Councilman Miller, seconded by Councilman Gallagher, the
Covenant for temporary erection of improvements in the street right- of-way
from the Texaco Company, was approved and the Mayor was authorized to have
it recorded on behalf of the City. Motion carried.
On motion of Mayor Whelchel, seconded by Councilman Gallagher, request
of a Grant of Easement from the City to the Texaco Company for a portion
of property along Buena Vista right -of -way, was referred to the City Attorney
for ilavestigation and recommendation to the Council regarding alternate
methods of granting an easement from the Texaco Company property to Buena
Vista Street. Motion carried, Councilmen Blake and Miller voting no.
11. Request by John R. Dwyer, 2023 San Luis Drive, that some action be taken on
his claim for alleged damages to his property caused by the weed burning
crew.
The City Council instructed the City Clerk to ask the insurance carrier to
have an adjuster contact We Dwyer regarding his claim.
14. Communication from William J. Beasley appealing the Planning Department's
instructions to remove the sign on his property on Elks Lane, was held over
at his request.
15. Communication from the Chamber of Commerce asking if the City Council would
consider the possibility of paying the Veterans' Memorial Building fee for
the Central Coast Square Dance Conference in the amount of $200.00. .
On motion of Councilman Blake, seconded by Councilman Gallagher, the follow-
ing resolution was introduced. Resolution No. 1470, a resolution increasing
the 1965 -66 Budget. (Account No. 200.15, General Government - Advertising
and Promotion, be increased by $200.00 and that the Unbudgeted Reserve be
decreased by $200.00)
Passed and adopted on the following roll call vote:
AYES: Emmons Blake, Frank Gallagher, Donald Q. Miller,
Arthur F. Spring, Clell W. Whelchel
NOES: None
ABSENT: None
16. Communication from the Retail Merchants Association requesting permission
to hold Sidewalk Day sales promotion on September 21, 1965.
On motion of Councilman Blake, seconded by Councilman Miller, the request
was approved. Motion carried.
17. Communication from the Central California Communications Corporation asking
Council consideration of broadcasting Channel 13 instead of Channel 2 until
technical difficulties could be ironed out.
Central California Communications Corporation representative was to be
asked to the next meeting to discuss this further.
City Council Minutes
September 7, 1965
Page -12-
.4
18. Communication from M..L. Bromley, member of the Human.Relations Commission,
submitting his resigiiati'dn Iff r 6in the C&iiidsidn 'due -'to'iiYfteA's6d'-'pd'r'sdiia1
responsibilities.
On motion of Councilman kii1_64' se"co6ded by �Councilma_n`dailagher, the resig-
nation was accepted with regret. Motion carried.
20. Communicaiton from the Planning Commission regarding.request-to abandon
a portion of Motley Street.
On motion ..;Sf:�Cou'n&-Uki . aH;Milldil
seconded b Councilman=- Blake`, the 'following'
resolution was introduced':
resolution of intention
---to abarid'd A ar port oil of' -Motley "Siieef.'
Passedand adopted on the following roll call vote:
`Emii"brid" Bla-ke'. Frank, Gallaghe
Air"th'u'ri F•.' Spi"ifig- C1.611' W" WIfel6h , 61
NOES'-
None
ABSENT: None
A2`.' 'N6on' 'iequesting'-an exception 'of'the oinicil s
moratorium on flashing signs. . .:
Oh rd6t 1*0'n of Council:mAii: seconded'• by Councilman Miller",'-' tiha'". he
sign for Somerset- Miihdir Mo-teil-;'t,ihich a" ` sci_n'ti&I-Iafiiig staiid'at-d Aes I t
Western Motel sign, be allowed. Motion carried, Councilipen Blake and
Spring hik no - 1� L
Pri :vo t .......
k� P
21. Report of the flood control investigation for propose d Mission o: it -1 aza
Project prepared by the San Luis Obispo County Flood Control District, Was
ordered r"ec-e-i'-v"eaja�ncf-iirea:-'
22. k4oii=:by"D.- Jackson-Faustian CoiiiultiHg-` E ng"Inir der; "on central'- district
traffic plan, was ordered received and filed.
Discu"s"sioh- by the City:- Colifidil of establishiiig- a policy4of-'a-Council
S,-
t:i-iaeinber sitting-1h: `field--, 6veirw;
24. Discussion by the .City Council of 6stablishing%ia'.- , pb . I . ity -on -e . mp ioyees
doing outside-teaching, was held aver.
25. At this time the City Council considered amending Transient Occupancy
Tax Ordinance' to exefaption'.Ito" f6d6i'al'dnd i- state `employees in
light of the Attorney Gen&#Vs:op#:;Lofi''0�f eJili5i�,20j�1965'_.�
On motion of Mayor Whelchel, seconded by Councilman Spring; thoid"howing
ordinance was introduced, to be operative October 1, 1965. Ordinance-No. 324,
an ordinance eliminating governmental employees from Trdidgient:Oddilpancy Tax.
r�Ifitr6duced:'and passed %t6,'piint n,-, he follow
..,.AYES: Clell W. Whelchel, Arthur:Fi.Spring, Emmons Blake,
;'�Frank �Gallieh6 ridld
r�D6
NOES: None
,ABSENT: ,:,None i
26. Consideration by the Council of installation of a fence on the south side
of - culvert - on,. Cerro 7Roiiau1do'-.ne- 'at 442 1, . (`was --fdf Ef f 6d'-t& -'-'tIf6'traff 16 Co-m'-m'3'.t tee.
w._
F-11
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1
City Council Minutes
September 7, 1965
Page -13-
29. At this time the City Clerk, J. He Fitzpatrick, reported on bids received
for rebuilding three (3) Fairbanks -Morse 12" Fig, 6310 Pumps and five (5)
12" Gate Valves now in service at the City of San Luis Obispo Sewage Treat-
ment Plant.
The bid received was as follows:
Gleim -Crown Pump, Inc.
3087 S. Elm Avenue
Fresno 6, California Cost to rebuild pumps $3,775.00
Cost to rebuild gate valves 450.00
Total $49225.00
On motion of Councilman Gallagher, seconded by Councilman Miller, the bid
was accepted. Motion carried.
30. Communication from Rueben A. Lewis requesting sick leave of over sixteen (16)
days due to.an operation.
On motion of Councilman Miiler,.seconded by Councilman Gallagher, the
request was approved, lotion carried.
319 The following resolutions were received
from the Local ARencv
Formation
Commission and were ordered received and fileds
A. Resolution approving the formation
of a Park & Recreation
District.
B. Resolution approving annexation of
Touchstone property to
the City of
San Luis Obispo.
32. On motion of Councilman Blake, seconded
by Councilman Gallagher,
the follow-
ing pay estimates were approved:
BURKE CONSTRUCTION COMPANY
Highland Drive Repair
Est. #2
$31786.30
(100% complete)
Est. 43 (Final)
510.12
BURKE CONSTRUCTION COMPANY
Augusta Street Extension
Est. #1
119293.87
(30% complete)
C. S. CONSTRUCTION COMPANY
Sandercock Street Reconstruction
Est. #2
302529.35
(30% complete)
C, S. CONSTRUCTION COMPANY
High Street Reconstruction
Est. #1
189531,90
(5% complete)
WEST COAST CONSTRUCTION COMPANY
Grand -Mill Sts. Parallel Sewer Line
Est, #1
48721,13
(98% complete)
WEST COAST CONSTRUCTION COMPANY
Beebee & South Streets Storm Drain
J. A. O'NEIJXY & SON
Johnson Avenue Widening (Gelinas)
Est. #1 5,503.44
(50% of value of
materials on hand,
Percent of work
completed - None)
Est, #1
(1007. complete)
City Council Minutes
September 7, 1965
Page -14-
7
J. A. O'Kelley & Son Est. #4 $406.42
Johnson Ave. Widening (Final)
(Gelinas)
. , ' '' Z, -I
.,33': "On"mdtion df:.Cbtircilmai-Gallaghei;:§econded-�by
:CotidilCfrMillei;' the'
-fo-117owing salary 71�
sz y stdp increases` approved
0.
AMBROSE, Leona H., Typist-Clerk II, from Step 3 or $365 to Step -W oi$385
per month, effective Stptember 1, 1965.•_ jol
BARRE, Eugene H., Maintenance Man II, from Step 3 at $455 tc?
_.Step 4, at.
$480 per month, effective September 1, 1965.
,;DAY.,` John W. I MaihtenAnd'e- Man It, f =om Step 3 at $455 to '- 7Step 4'a"t $480
per;* month. effdctiVd'`September
,,HOLDER, BAxbara J..., Parking Enforcement Officer .(Female),, from Step I.at
$395' modth';Ief f ee'tiv.-67-S "t&bet 1---t-1965.'
McKERNON, Ronald L.,, Police Officer, from Step 2. at, $508 to Step 3 at..$535
Tee montl�',��; eYf e"ctive eptemb'EY'f,,'--"f§(�5-.'
34., On motion of Councilman Blake seconded by Councilman.Miller, the.follow-
ing' Grant--Deeds--and S'tx66t4 Wid6nifigg' Agreements- wexe.-;accepaed'andt.10_ ptayor
was authorized to sign said Agreehenits`6-ni 'behalf of -the WVe 'the
Grant Deeds recorded. Motion.carried.
Foothill Boulevard
RojLjd`- 'I�. :t P 0 1 • 2 V I % , . . " .. ... .-
George McCollister and Beatrice I. McCollister
e arkek 'an'd"Joa'n' Parkdr"'
35. L The City Council discussed the matter of a crossing guard at the inter-_
'§ec'tion: • of G and -A*ej2iie-'aihd-.bionterey-,Street--,to protectrchildren ng"this
intersection going to school.
On motion of Mayor Whelchel, seconded by Councilman' Gallag'he'r'',-,,tiha.t, a-
-cor-s-sing guard, be plac'-Eid 'ae -Grand Avenue and Monteirie-y' Str-'ei--*t-"-bn"a"te"mporary
basis. Motion` rie"d.
On motion(-o'-k--'"C--oun'tilhiin-Miller,
meeting adjourned. Motion carried.
APPROVED:. October 4, 1965
c.
seconded by Councilman Gallagher, the
J,6,41. -Ftt-zp&tri&k
City"Clerk
L a
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