HomeMy WebLinkAbout12/19/1960Ii8o
The City Council' then adjourned toga- private meeting with the City Attorney
to discuss negotiations to date on acquisition of property in the parking
district program.
On motion of Gerald W. Shipsey; seconded by J. Bairy'Smith, the meeting
adjourned.
Approved this 3rd day of January; 1961.
CITY COUNCIL MEETING
December 19, 1960 - -- 7:30 P. M.
CITY HALL
The City Council met in Re "gular Session with Mayor Fred M. Waters presiding.
Invocation given by Reverend Banks, of the Springfield Baptist Church
ROLL CALL: Present - Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey,
J. Barry Smith, Fred M. Waters.
Absent - Non? •
CITY STAFF PRESENT: Planning Director - Abraham, City Clerk Fitzpatrick,
Park & Recreatiori Superintendent Flory, City Attorney
Houser, Administrative Officer Miller, Fire Chief
Schlobohm, Police Chief Schofield, Water Superintendent
Thompson.'
Claims for the month of December, 1960 were approved on motion of Kenneth W.
Jones, seconded by Donald Q. Miller, subject to the approval of the Administrative
Officer.
1. Communication from Willeford,Levey & Company submitting a proposal for
extended services in connection with continuing the audit of accounts of
the State of-California on the Whale Rock Project.
Proposal accepted on motion of Donald Q. Miller, seconded by Gerald W. Shipsey,
motion carried.
2. Communication from Administrative Officer Miller, requesting an increase in
the sewer budget for material and supplies due to unexpected expenses.
RESOLUTION NO. 717 (1960 Series), "A Resolution Increasing the 1960 -61
Budget" by increasing Account No. 213.3, Sewer Materials and Supplies, was
passed and adopted on motion of Kenneth W. Jones, seconded by Gerald W.
Shipsey, 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. Communication from City Engineer Romero requesting authority to expend
monies -from the sewer capital outlay budget for purchase of lab tables
and hot water heater in order to properly make tests required by the
Water Pollution Control Board. Note from Administrative Officer Miller
concurring in request and recommending approval by the Council.
Request of Mr. Romero was approved and Mr. Romero was instructed to
report to the City Council more detail on what is being purchased.
4. Communication from City Clerk Fitzpatrick, notifying the City Council that
the Morro Bay Sun, a newspaper published outside the City of San Luis
Obispo, failed to publish the notice of intention and date of public
hearing on the Elks Addition Annexation, and recommending that the Council
' set a new date for public hearing on this annexation.
RESOLUTION NO. 721 (1960 Series), "A Resolution Declaring that Proceedings
Have Been Initiated by the Council of the City of San Luis Obispo to Annex
to Said City Certain Uninhabited Territory Described Herein and Designated
'Elks Club Addition', and Giving Notice of the Proposed Annexation*, was
passed and adopted on motion of Gerald W. Shipsey, seconded by Kenneth W.
Jones, on the following roll call vote:
AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J. Barry
�,. Smith, Fred M. Waters.
NOES: None
ry ABSENT: None
5. At this time Mayor Waters declared a Public Auction open for rental of
pasture land at the City Sewer Farm, minimum bid $1.50 per acre per month.
Mr. Ben Connolly bid $1.50 per acre per month effective January 1, 1961.
There being no further bids, Mayor Waters declared the auction closed.
On motion of Kenneth W.-Jones, seconded by Donald Q. Miller, the bid of
Mr. Connolly was accepted-.
ORDINANCE NO. 176 (1960 Series), "An Ordinance Leasing Pasture Rights to
the City Sewer Farm ", was passed to-print 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
6. For Council consideration, final map of Tract No. 207, Laguna Park Homes
Unit #2.
At'this time Planning Director Abraham presented a map of Tract #207.for
Council consideration. Mr. Abraham reported that-City Engineer Romero has
approved the -plans and specifications of this subdivision and recommends
that the City Council approve the map as it is technically correct. Mr.
Abraham then read the recommended concitions placed upon the subdivision
by the City Planning Commission for acceptance by the City as follows:
1. The Subdivider shall extend sewer facilities through the subdivision
with adequate capacity to handle an ultimate population of 4500 people
north of French Road and west of Laguna lake. The City will pay for
excess capacity-above that needed to serve the Johnson and Jobe
properties after they are developed.
' 2. The - Subdivider shall be entitled to• refunds on water and sewer lines
in accordance with Section 7410.7 and 7500.6 of the San Luis Obispo
Municipal Code..
3. The Subdivider agrees to dedicate 44 feet of-land along the French
Road frontage of the subdivision, to fully improve the service road,
to bring French Road to subgrade, to construct a chain link fence
at least 3 feet high in the frontage road divider strip, and to plant
the frontage road.divider strip with suitable ground cover. The City
further agrees to place base, paving, curb and gutter(or plant -mix
berm) on the main roadway of French Road within thirty(30)months after
the date of this agreement.
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4. The .Subdivider shall construct a fence along the south side of
Lot 1 Block A and connect to the fence at the Fmch Road outlet
of Laguna Lake so as to prohibit public access to the lake at this
location.
5. The Prefumo Canyon Culvert is to be filled with clean earth by the
subdivider:
6. The Subdivider hereby agrees that buyers of Lots 1 -6 Block A Will be
informed that certain restrictions will be set by-the City at some
future date to control dock facilities, weeds, dumping, and-other
matters'relating to the use' of the lake. Said restrictions to be
approved by the City Council:
Administrative Officer Miller stated for Council information, that it
would cost the City approximately $2500.00 for excess capacity in the
sewer service for this tract, and about $50.00 for an 8" instead of 6"
line from Oceannaire to the -easterly= .limits of the tract. He also
reported to the City Council that in accordance with condition #3, the
widening of French Road,.that the City's share would be approximately
$12,000.00.
The City Council discussed condition #5, the matter of filling -in the
culvert with dirt until needed as a pedestrian underpass, and suggested
that possibly a fence should be placed at each end of the culvert for
safety reasons until needed to be opened.
Councilman Smith objected to the construction of a pedestrian underpass,
primarily as it becomes a maintenance problem and a nuisance to the
area and possibly a police problem due to people loitering in the under-
pass. The City Council also discussed the limited access to this
subdivision and the problem of crossing French Road from one part of
the subdivision to the other.
A representative of Mr. Skinner, subdivider; appeared before the City
Council and requested Council authority in accordance with the provisions
of the Municipal Code that in lieu of filing a surety bond for completion
of the off -site improvements, that he be allowed to put up cash and the
City would then pay it out -on his order. The Council had no objection.
RESOLUTION NO. 723 (1960 Series), "A Resolution Accepting the Final Map
of Tract No. 207 (Laguna Park Homes No. 2) "; 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
7. Consideration of the recommendations of the City Planning Commission
of the tentative map of Tract No. 212, Johnson Highlands #3.
At this time the City Council considered recommendations of the City
Planning Commission for exceptions to the Municipal Code in connection
with acceptance of the tentative map of Tract #212, Johnson Highlands #3.
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Mayor Waters opened the discussion by stating that he believed the
boundaries of the subdivision should stay the same,-that the lot on
Johnson Avenue be treated in the same way as other property owners on
Johnson Avenue insofar as the street widening is. concerned; also, that
before the subdividing of this land that a hillside ordinance should be
adopted and that this subdivision should be made to conform; further, '
that curb, gutter, and sidewalk should be placed on all streets in the
subdivision and that any lots above 460 feet elevation'-be served by
individual pumps put in by the subdivider at the time of subdividing.
Councilman Smith stated that he believed the City had some responsibility
to furnish water to citizens of the community. He then referred to the
agreement entered into by the City with the Ferrini subdivision when the
Ferrini interests advanced money to the City interest free to construct
an adequate water system for the higher lots.
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Councilman Jones stated.that in talking with Mr. Blaser, the subdivider,
he learned-that Mr. Blaser was•..planning on placing individual pumps for
water service on each lot in the subdivision requiring same.
The City Council then discussed the recommendation of the City Planning
Commission dealing with the Maher property on Flora Street relative to
placing a curb; gutter-and sidewalk on the "Maher property, or the-subdivider
placing a berm and the City holding a one.foot strip to prohibit Dr. Maher
from using Flora Street unless he reimburse developer for cost of roadway
and berm.
City Attorney Houser explained the provisions and reasoning of the City
Planning Commission for recommending the conditions on handling the Maher
property.
Mr. Blaser,.subdivider, appeared before.the City Council and explaire d to
the City Council the contacts he had made with Dr. and Mrs. Maher relative
to improving Flora Street and the sharing of costs between himself and the
Mahers. Mr. Blaser stated it was his impression that the Mahers would go
along with any reasonable improvement.
Councilman Smith stated that he believed that a representative of the.
City,.of .San Luis Obispo should contact.Dr. and Mrs. Maher and explain
r to them the alternative proposals suggested by the City and the subdivider
;y and then allow Dr. Maher to make the decision on the various alternatives.
At this time the City Council decided to consider each exception to the
subdivision ordinance.
1. "That lot depth exceptions be allowed on Lots 5, 9, and 17 of Block B
and Lots 7 and 9 on Block D."
On motion of J. Barry Smith, seconded by Donald Q. Miller, the
.,. recommendation. of .the..City:Planning.Commission was accepted.
Mayor Waters stated that he firmly believed that-this subdivision
should conform to. hillside provisions and that the City Planning
' Commission should consider this.a.hillside subdivision.
Councilman Miller stated he agreed with Mayor Waters' suggestions
.regarding hillside subdivisions, but that he .believed that.as far as
this subdivision was concerned, the subdivider had proceeded on the
basis of the present requirements of the subdivision ordinance and
that the City should not hold up the acceptance of this subdivision
unt.il.a new ordinance is adopted.
Motion carried, Mayor Waters voting no.
2. "That a lot width exception be allowed on Lot 9 of Block B."
It was moved by Kenneth W. Jones, seconded by J. Barry Smith, that
the recommendation of the City Planning Commission be accepted.
Motion carried.
3. "That Memphis Way be improved under the standards for a hillside
street (26 foot improved right -of- way):"
It was moved by Kenneth W. Jones, seconded by Donald Q. Miller, that
the:recommendation.of the City Planning Commission be accepted.
Motion carried, Mayor Waters voting no.
1 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."
On motion of Gerald W. Shipsey; seconded by Donald Q. Miller, the
recommendation of the City Planning Commission was accepted.
Motion carried, Mayor Waters voting no.
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 tfie necessary street widening be dedicated to the City on
Johnson Avenue. This recommendation was made because this large parcel
will not be used for a single building site, but will probably be
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incorporated in .a development with adjacent properties at some future
date when the curve•in.Johnson.Avenue can.be improved in a.safer
manner . " I . . . . ...
It was moved by Gerald W. Shipsey, seconded by J. Barry Smith, that
the full improvements be placed on Lot 9, Block D, and that all
provisions of the plan line ordinance for street widening be adhered
to; i.e., that the right -of -way be dedicated to the City and curb,
gutter and sidewalk be installed.
Mr. Blaser, subdivider, listed for the City Council the problems of
widening this particular lot as it is on a turn and would take a
large expenditure for culverts for the City, etc.
The City Council discussed the motion and objections of Mr. Blaser
and .the motion carried on the following roll call vote:
AYES: Gerald W. Shipsey, J. Barry Smith, Fred M. Waters.
NOES: Kenneth W. Jones, Donald Q. Miller.
ABSENT: None
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."
It was.moved by J. Barry Smith, seconded by Kenneth W,. Jones, that
the City Planning Commission notify Dr. & Mrs. Maher of the meeting
at which the conditions affecting their property will be discussed
and attempt to work out details on the street improvements on Flora
Street so that they, Dr. Maher., and the subdivider Mr.Blaser; will
be aware of all the alternatives before the tentative map is accepted.
Motion carried.
Councilman Shipsey stated that if reasonable agreement could not be
reached between. Mr. Blaser, and Dr. Maher he would not be against the
one foot restriction.
Councilman Miller stated that he agreed with Councilman Shipsey's
comments.
The City Council then discussed the problem of water service above
the 460 foot elevation. '
Mr. Blaser. stated that he would furnish individual pumps for all lots
above the 460 foot elevation and they would be maintained by the
property owner and that he would $o inform the City Planning
Commission when he met with them.
7. A) Communication from John R. Ross, architect, protesting.the action
.of the City in not issuing a final approval to the Beresky residence
for.iack of.a concrete driveway ramp.
Administrative Officer Miller recommended to the City Council that
the protest of Mr. Ross be held over to the next meeting, and that
City Engineer Romero make a report to the City.Council on the complaint;
in the meantime, no- further action would be taken by the City.
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Mr. Miller's recommendation was accepted and the communication referred
to the City Engineer-for investigation and report.
8. A) Report from the City. Planning .Commission.recommending abandonment of
a portion of Munoz Street.
ORDINANCE NO: 174 (1960 Series), "An Ordinance of Intention to
-Abandon a Portion of 'Old Munoz Street "', was introduced and passed to
print 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
B) Report from the City Planning Commission-recommending abandonment of
a portion of -Park Street.
ORDINANCE NO. 175 (1960 Series), "An Ordinance of Intention to
Abandon a Portion of Park Street ", was introduced and passed to print
•:on•motion of Kenneth W. Jones, seconded by Gerald W..Shipseyj.on the
following roll call vote:..
AYES: Kenneth W. Jones, Donald,Q..Miller, Gerald W. Shipsey,
Q J. Barry Smith,. Fred M. Waters.
"D NOES: None
ABSENT:. None
9. City, Engineer's report on negotiations with property owners who have a
sewer problem on Grand Avenue was held over.
10. TRAFFIC COMMITTEE REPORT
60 -12 -1C "The Traffic Committee has studied the request of Mrs. Forden for
directional signs to the 101 Freeway at Chorro and Walnut and Osos and
Walnut Streets and feels that•these are desirable. However, before going
further at the City level, we would first like.to.have permission to
' contact the Division of Highways to see if.they would be willing to install
such signs."
There was no objection by the City Council.
60 -12 -2T "For some time, the committee has studied the traffic conditions
at the corner of Santa Rosa and Foothill and feels that the striping and
other:work outlined in the attached sketch would do much to alleviate
the present congestion. Along with this, the.committee recommends that
a red zone be authorized on.the north side of Foothill west of Santa
Rosa extending to the second driveway ramp in the vicinity of the Chevron
Station and new Bank of America building. We feel that this would be
enough red zone, but we might have to come back to the Council later on
and recommend additional red zone on that side of the street. ".:
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RESOLUTION NO. 722 (1960 Series), "A Resolution Establishing a No- Parking
Zone on the North Side of Foothill Boulevard ", was passed and adopted on
motion of J. Barry Smith, 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
60 -12 -3T "For some time, the Traffic Committee has been concerned about
the traffic congestion which exists at the Bank of America parking -''lot
entrance on Higuera Street. We feel that.this problem will be worsened
by the•opening of the.new banks and also by the installation of the
City Parking Lot which is planned across the street.. We continue to
feel that the ideal solution to the problem would be one -way streets on
Higuera and Marsh.Streets and that a less satisfactory but still
desirable alternative would be to rearrange the Bank of America parking
lot so that traffic would enter on Osos Street and leave on Higuera Street.
A third alternative would be to erect a traffic island which would
physically prevent left -hand turns into the Bank of America parking lot.
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However, we =have discussed this with Mr. Fabbri•and•have decided to study
thi!_other lots planned in connection with•the.Security and-First-Western
banks as well as the new City Parking Lot and the Sears Roebuck Parking
lot, after which we will come back to the City Council.with.more definite.
recommendations." L
The City Council had no- objection except that the City Council discussed
the access and egress to the major off - street parking lots publicly and
privately owned in the central business district. The Council also
discussed establishment of a one -way street system for the City of San
Luis Obispo and the matter was referred to the Council agenda of January 3,
1961 for discussion of traffic - problems and related.subjects.
11. Report of the Council Committee consisting of Councilmen.Shipsey and Jones, '
investigating the organization of the City Fire Department, was held over.
12. Report by Council Committee - consisting of Councilmen Jones and Shipsey
regarding trade of school property, reporting progress to date-on
negotiations.
The City Council discussed the proposal of exchanging City -owned property
at Laguna Lake for Mitchell Park, owned:by. the school board, and discussed
the various steps to complete negotiations.: . 1.
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Councilman Miller read from the City Council Minutes of November 21, 1960
relative to the Council action on the exchange of property with the school
board. Councilman Miller moved that the City discontinue negotiations with
the school board and the City not agree to swap property. ,
The City Council discussed the various aspects of the proposed property
exchange.
Councilman Miller withdrew his motion for lack of a second.'
Councilman Smith urged that the City Council continue negotiations with
the City School-Board for exchange-of City-property for Mitchell Park,
at the same time,,look into all phases of this proposal when it is
firmed up by the school board and then at that time the City Council can
vote on the matter once and for all.
Mayor Waters suggested that the City Council could meetfin a•joint session
with the school board and discuss the overall policy and needs of the school
district and the City..
It was moved by J: Barry Smith,. seconded by Donald Q. Miller, that the
Council Committee meet with the school board and.come back to the City
Council with.a firm proposal within 30 days.
Notion carried.
14. Recommendation.of the City Planning Commission to amend the zoning ordinance
to allow nurseries in a C -1 zone.
The City Council discussed the recommendation of the Planning Commission
relative to this proposed amendment of the Municipal Code to allow.-nurseries
in a C -1 zone.
After discussion and explanation by the City Planning Director.- it was
moved by Donald Q. Miller, seconded by.Gerald W. Shipsey, that an ordinance
be introduced and passed to print amending and adding certain sections to
Chapter 2, Article 9 of the San Luis Obispo Municipal Code.
Motion defeated on the following roll call vote: '
AYES: Gerald W. Shipsey.. r
NOES: Kenneth W. Jones, Donald Q. Miller, J. Barry Smith, Fred M.
Waters..
The City Council then set January 3; 1961 at 8:00 P.M. as .a Public Hearing
on'-the recommendation of the Planning Commission to allow nurseries in a
C-1 zone.
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15. Communication from:Pacific Gas & Electric Company requesting permission
for. an easement for_. power.linesithrough City -owned property in Lopez
Canyon, was ordered held over.
16. Communication from State Department of Water Resources forwarding .
information relative to application for recreation grant under the
Davis - Grunsky Act, was referred to City Attorney Houser..
17. Discussion by the City Council of current sanitary problems at Santa
Margarita Lake. -
Mayor Waters explained the latest-problem at Santa Margarita Lake to
the City Council, particularly the proposal for construction 200
' campsites and trailer sites within 400 feet of the lake and the fact
that with the increased use of the lake are4, there is a possibility that
sewage will contaminate the water supply and that the City should protest
on this basis to the County Board of Supervisors. '
City Attorney Houser agreed with Mayor Waters' statement, saying that
enlarged use of the lake would possibly contaminate the water that the
City uses for its water supply.
Another point Mayor Waters brought up was that the main problem at
Santa Margarita Lake was that there was no supervision of boating and
other uses at the lake as the concessionaire has been given the authority
to do the policing and due to the fact that he runs the facilities, very
little control is exercised over the patrons. The Mayor suggested that
the policing and control be turned over to the County Department of Parks
and Beaches. The Mayor further stated that he believed the City Council
should make the Board of Supervisors aware of its concern regarding
these additional campsites.
City Attorney Houser recommended that the City Council its ist that the
proposed campsites be put under supervision of the State Department of
Public Health so that there would be no possibility of contamination
of the water supply.
' Water Superintendent Thompson read a letter to Mr. Rogoway dated July 12,
1960, at which time he listed 12 major objections to the proposed
additional use of Santa Margarita Lake for recreation-by adding additional
cmpsites.
It was moved by Kenneth W. Jones, seconded by J. Barry Smith, that the
County be made aware of the City's feeling in this matter and authorized
Mayor Waters, Mr. Houser, and Mr. Thompson to represent the City at the
next meeting of the County Board of Supervisors.
18. RESOLUTION NO. 720 (1960 Series), "A Resolution transferring Funds" to
the Public Improvement and Betterment fund on a temporary basis, 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
19. City Attorney Houser requested City Council permission to hold over 2
weeks of his 1960 vacation until 1961, as he has been unable to take
his vacation so far this year.
' Request approved on motion of Gerald W. Shipsey, seconded by Kenneth W.
Jones.
20. On motion of J. Barry Smith, seconded by Gerald W. Shipsey, the following
salary step increase was approved, effective January 1, 1961:
LAWRENCE J. STOCKTON - Park & Recreation Supervisor - from step 1 $412
. to step 2 $435 per month.
on motion of J. Barry Smith, seconded by Donald Q. Miller, -the meeting -was
adjourned.
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Approved this 3rd day of January; 1961.
-F1 lerk
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