HomeMy WebLinkAbout12/12/1960SPECIAL CALLED COUNCIL MEETING
December 12, 1960 - -= 7:30 P. M.'..
CITY HALL
The City Council met in Special Called Session with the City Planning Commission
with Mayor Fred M. Waters presiding.
ROLL CALL: Present - Kenneth -W. Jones', Donald Q. Miller; Gerald W. Shipsey,
J. Barry Smith, Fred M. Waters.:'
Absent - None
CITY STAFF PRESENT: Planning Director-Abraham,-City Clerk Fitzpatrick,
Park 6 Recreation Superintendent Flory, City Attorney
Houser, Administrative Officer Miller, City Engineer
Romero, Police Chief Schofield, Water Superintendent
Thompson.
PLANNING COMMISSION PRESENT: Chairman Robert Carpenter, Stanley. X. Cole,
Leonard Lenger, Francis Scott, Kenneth Schwartz.
1. Councilman Smith reported to the City Council on his meeting in Sacramento
on December 6, 1960 with representatives of the Department of Water Resources
and the Department of Finance. Councilman Smith asked that the report of
the meeting prepared by Administrative Officer Miller be read, explaining
the provisions made for payment of the overcharges for•the Whale Rock Project,
briefly as follows:
1. The City would be required to pay-current costs up to $400;000 as soon
as billed. $100,000 would be defered to June 30, 1961 at which time
interest would accrue at the rate of 4% on 100,000 and the balance over
$500,000. .-.woiild.be due and payable on December 31, 1961 after which time
interest at 4% would begin to accrue.
Mr. Miller then presented a letter written to James Wright ,Deputy Director
of the Department of Water Resources relative to discussion of adding
overhead charges for administration; accounting and = other- services =of -the.
Department of Water Resources in addition to direct - "supervision and'labor
costs as charged in the past and paid for by the City, as it was the City's
understanding that we would pay for.'only direct supervision and labor costs.
Mr. Miller presented a telegram-signed-by Janes Wright, Deputy Director of
the Department -of Water Resources stating that'the City's impression was
correct, that no overhead administration costs would be added.
The City Council then discussed the agreement with the State, making financial
arrangements for payment of additional expenditures by the City for Whale
Rock Project.
Mayor Waters thanked Councilman Smith for taking the time to go to Sacramento
and represent the City at this important meeting, and for arriving at this
fair agreement so the State could proceed with completion of the dam.
2. Administrative Officer Miller then presented for Council consideration the
agreement between the City and Department of Water Resources deferring payments
on portions of expenditures for the Whale Rock Dam to July 1, 1961 and
December 31, 1961.
RESOLUTION NO. 718 (1960 Series), "A Resolution Authorizing Execution of '
Agreement with the State Department of Water Resources Providing for
Repayment on the Whale Rock Project ", and authorizing the Mayor to sign
the agreement on behalf of the City of San Luis Obispo was passed and
adopted on motion of Kenneth W. Jones, seconded by Donald Q. Miller, on
the following roll call vote:
AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J..Barry
Smith, Fred M. Waters.
NOES: None
ABSENT: None
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3. At this time the City Council discussed the proposed Operating Agreement
for'Whale Rock Dam for adoption by the City Council.
City Attorney Houser explained to the City'Council the proposed operating
agreement by which the City would operate the project for the State
agencies and the City. He briefed the various divisions of the agreement
for the Council.
The City Council then discussed provisions in the agreement, particularly
sale of surplus waters and the handling of revenue from such sale.
RESOLUTION NO. 719,(1960 Series),, "A Resolution Authorizing Execution of
an Agreement with the State Director of Finance for Operation of the
Wtiale•Rock Project ", and authorizing the Mayor to sign the operating
agreement on behalf of the City of San Luis Obispo was passed and
adopted on motion of Kenneth W. Jones, seconded by Gerald W. Shipsey,
on the fol'lowing'roll call votes
AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J. Barry
Smith, Fred M. Waters.
NOES- None
r-+ ABSENT: • None
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rf'� 4. Mayor Waters requested that City Attorney Houser report on the Water
Pollution Control Board meeting held in Santa Maria on December'9; 1960
el setting forth the standards for improvements for the City sewer plant.
City Attorney Houser reported that the Water Pollution Control Board had
approved regulations tlet were fairly strict, but were acceptable to the
City Engineer and Mr:- Jenks;•the ;City's consulting engineer; 'that-Mr.
Gates,, County Health Department, had strongly demanded a time limit be
put on the City's development of its fields but that the health department
instead -added a provision in the requirements to the effect that the City
must fully utilize its adjoining fields to minimize the flow to the creek.
Mr: Houser further reported that the State Department of Health and State
Department of•Agriculture representatives-had objected to the requirements
and that Mr. Jud Harmon had stated that.the State Department of Health
would review the requirements and might take separate action against the
City inasmuch as he felt that ttie require ments'did not comply with the
law.
Mayor Waters urged that the City proceed as diligently as possible to
meet the requirements as set by the Water Pollution Control Board as
they have been very fair in their treatment of the City during all the
hearings and discussions on the sewer-plant. = '
The City Council discussed-various ways to finance improvements at the
sewer farm including bond issues, "tax increases, and also the installation
of a sewer rental service fee in order that the sewer improvements would
be paid by the - people using the sewer system.
Councilman Smith suggested that a Council Committee be appointed to study
:the sewer rental service fee and make recommendations to the City Council.
On• motion of DonaldQ. Miller, seconded by J. Barry Smith, the Mayor
appointed Councilmen Jones and Miller as a Council Committee to study the
problem of sewer rental service fees.
5. Planning Director Abraham briefed for the City Council the feelings of
the City Planning Commission relative -to trade of property at Laguna Lake
for construction of a school at this site: Mr. Abraham read the points
as presented by the Planning Commission in their letter of November 29, 1960.
Planning Commissioner Scott appeared before the City Council and reported
relative to his meeting with the chairman of the'School Board looking
over- proposed school sites not only in the Laguna area but throughout
the City." It was Mr. Scott's "opini'on that this school in the Laguna.Lake
area would -not be constructed for at least 5 to 10 years, and further,
that the first location for a Junior High-School to be built would be
.at the west end of Foothill Boulevard adjacent to the City of San Luis
Obispo -in order to handle the children in the northwest end of the City.
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Planning Commission Chairman Carpenter stated he believed the Planning
Commission objected.to the proposed exchange of property-mainly due to
the proposed location, which is not in the center of a residential
holding area to make easy access to the school and,also on the basis. -of
reducing the land area of the proposed regional park-at Laguna Lake.
Planning Commissioner Schwartz stated he personally objected to the
proposed trade of City land with the school board and urged that the
City Council look for other land,to trade to the school district for
Mitchell Park; furthermore; that a.schoolat this location -is --just poor
planning and that this should be of.interest to the City Council and the
City Planning Commission. He then explained to the'City Council, using
the General Plan population and school map; the.proper dispersal of
schools in the planning area,-with particular emphasis on the Laguna
Lake area.
6. At this time the City Council considered proposed exceptions for tentative
map of Tract No. 212, Johnson Highlands, Unit #3.
Mayor Waters started the discussion by.asking,.should m t this subdivision
be considered as a hillside subdivision and should not an ordinance
prescribing regulations for hillside subdivisions be adopted;before.this
subdivision was approved.
Mr. Glaser, subdivider; stated that he did not wish to hold up this
subdivision until a new ordinance.had been passed as he iaas - prepared to
proceed with the subdivision immediately and that he would'not willingly
consent to any delay in its acceptance: .
Chairman Carpenter of the Planning Commission stated that. it was true that
the City was growing to the point that a hillside ordinance was..needed
and that the City Planning Commission would.be very happy'to proceed with
a study and recommend to the City Council a hillside subdivision ordinance.
Planning Director Abraham then read for the City Council's information the
Planning Commission recommendation of exceptions for approval of,:this
subdivision:
1. That lot depth exceptions be allowed on Lots 5,..9, and 17 of
Block B and Lots 7 and 9 of Block D.
2. ' That a lot width exception be allowed on Lot 9 of Block B.
3. That Memphis Way be improved under the standards for a hill
side street (26 foot improved right -of -way).
4.. ..That an-exception in the sidewalk requirements be allowed on.
. Lots 1 through 6, Block C and lots 4 through 17 of Block B.
5. Recommendations for granting exceptions under items 1 through 4
are based on the terrain problem involved within this subdivision.
Cross slope on Memphis Way is in excess of 14 %, therefore-in-order
to develop useable sites it is desireable to utilize deep lots.
Because of the difficult terrain and the limited number of lots
which will utilize.Memphis Way it was felt that a 26 foot roadway
would not be unduly detrimental to traffic flow. It was-felt that
the shape and size of Lot.9, Bock B provided an acceptable
solution.
6. That Lot .9 of Block D on Johnson Avenue be granted an exception
to the curb, gutter and sidewalk requirements with the provision
that the property.for the necessary street widening be - dedicated
to the City on Johnson Avenue.
This recommendation was made because this large parcel will not
be used as a single building site, but will probably be incorporated
in a development with adjacent properties at some future date-when
the curve in Johnson Avenue can.be improved in a safer.:manner.
7. That the street development adjacent to..the Maher property on
Flora Street, beginning at the northwest corner of Lot 8, Block
D and continuing in the northwesterly direction to the limit of
the subdivision, be improved as follows:
a. Standard improvements will be required except that a plant
mix berm may be substituted for curb and gutter and no
sidewalks will be required across the Maher frontage at this
time.
b. That the subdivider reserve and deed to the City a one foot
(1') strip of land between the proposed improvements and
Dr..Maher's property. The conditions of said dedication is
to deny access over this one foot (1') strip until such time
as the owners of such property reimburse the subdivider for
street improvement and install curb, gutter and sidewalk
along that portion of the City street adjacent to the property
' presently owned by Dr. Maher.
The City Council discussed some method of notifying prospective property
owners of subdivision lots in the restricted water zone above elevation
460 feet. The Council also discussed various exceptions being allowed
to the subdivision ordinance for this subdivision.
Mayor Waters called a recess at 9:30 P.M.
The meeting reconvened at 9:40 P.M. with all present.
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It was moved by Gerald W. Shipsey, seconded by Kenneth W. Jones, that the
tentative map of Tract No. 212 be approved as recommended by the City
Planning Commission with exceptions as listed above.
Councilman Miller moved to amend the motion by adding that no lots be
subdivided above elevation 460 feet. Motion on amendment died for lack
of a second..
The motion to approve the map lost on the following roll call vote:
AYES: Kenneth W. Jones, Gerald W. Shipsey.
HOES: Donald Q. Miller, J. Barry Smith, Fred M. Waters.
ABSENT: None . ,
Mr. Blaser, subdivider, asked the City Council what the next step was
relative to having the tentative map accepted by the City.
City Attorney Houser explained the procedure for Council action on the
tentative map of this subdivision, which will be to notify the City
Planning Commission of exceptions allowed by the City Council, and the
Planning Commission would then again take action, keeping in mind the
feelings of the City Council.
7. At this time the City Council considered the proposed - Freeway Addition
being reviewed by the City Planning Commission at the present time.
Chairman Carpenter stated that the Planning Commission objected to this
annexation as proposed as it was not conducive to good planning and to
the orderly growth of the City, being cut up in the manner proposed.
City Attorney Houser explained the reasons for laying out the boundaries
of the proposed annexation as it was done and for leaving out the areas
shown on the map.
' After discussion by the City Council and City Planning Commission, it
was suggested that a 200 foot corridor be deleted from the area being
annexed, excluding a strip on the western portion of the City sewer
Plant property,along the freeway.in order not to prevent future additions
in that area.
It was moved by Donald Q. Miller, seconded by J. Barry Smith that the
�j► City Council recommend to the City Planning Commission that a 200 foot
corridor be taken off the west side of the sewer farm property along
the freeway