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HomeMy WebLinkAbout09/07/19651 1 1 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 ...... '° 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. --------------------------- --- -------- ---- ------ - -- - -- ---- - - - - -- 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: sr 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:[ 1 IJ 1 City Council Minutes September 7, 1965 Page -3- 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. - 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.,� X 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,, - .11: ­. ".. " - ­ - 7- 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 I I I 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- -. 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 Za- .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. I r� I 1 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 I 1 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 I I I