HomeMy WebLinkAbout08/12/196390
He stated further that this extension is required for proper operation of the new
sewage plant and sewer farm fields..
Mr. Romero urged the-City Council to approve this Change Order so that the extension
can be made by the contractor on the job at this time..
R. D. Miller, Administrative Officer, stated actual and estimated Change Orders were
running approximately $39,000 compared with an original estimate of $30,000, but that
approximately $55,000 to:$85,000 additional bond monies would be available to do
$40,000 worth of work on the sewer farm fields.
On motion of Councilman Miller, seconded by Councilman Whelchel, Change -Order #9 1
was approved for the Sewage Treatment Plant Enlargement Project at an estimated
cost of $7,783.00. Motion carried.
On motion of Councilman Miller, seconded.by'Councilman Whelchel, the meeting adjourne
to August 12, 1.963, at 7:30 P. M.
APPROVED this 19th day of August, 1963.
City Staff
H. FITZPATRICK
CITY CLERK.
ADJOURNED MEETING OF CITY COUNCIL
August 12, 1963, 7:30 P. M-.
CITY HALL
was given by Mayor Clay P. Davidson.
Present
Absent:
Present:
C1ay.P. Davidson,•Miss Margaret McNeil, Donald Q. Miller,
Clell W_ Whelchel
R. L. Graves, Jr.
P. Chapman, Director of Planning.& Building; J. H. Fitzpatrick,
City Clerk; R. D. Miller, Administrative Officer;
W. Schofield,.Police:Chief; J. Wainscott, Battalion Chief.
The minutes of July 15, and 19, 1963, were approved as presented and the minutes of
July 25, 1963, were approved as corrected. They were corrected as follows:
Page 4, Item 8, Paragraph 2 Eliminate'the.entire paragraph.
Page 4, Item 7 Complete Miss Mc Neil's name in the roll call.
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1. R. D. Miller, Administrative Officer, announced the following employee appointments'
DAY,-John W. as Laborer - Equipment Operator in-the Public-Works-Department
at per month effective August 12, 1963.
MAY, Leona A. as Typist -Clerk at the-Library effective August-16,.19 63,at,
per month.
2. On motion of Councilman Miller, seconded by Councilman Whelchel, the following
M
RESOLUTION WAS INTRODUCED. RESOLUTION NO. 1171, A RESOLUTION APRROVING
the imposition of addition highway user taxes and requesting participation
in the apportionment.
Passed and-adopted on the following roll call vote:
AYES: Clay P. Davidson, Miss Margaret McNeil,
Donald Q. Miller, Clell W. Whelchel
NOES: None
1 ABSENT: R. L. Graves, Jr.
3. The City Council considered the introduction of Ordinance No. 267, an ordinance
amending Section 6240.24 of the San Luis Obispo-Municipal Code providing for
taxi cab stands.
After discussion, the matter was held over. for discussion with the City
Attorney on the balance of provisions of Section 6240,24 of the Municipal Code.
4a. At this time the City Council held a public hearing-on the appeal of
Carpenter's Rexal Drug Store from a decision of the Planning Commission
U in denying his request for a use permit to allow a free standing sign with a
QD rotater..
Mr. D. M. Carpenter appeared before the City Council on behalf of his request
for a user permit to allow him to use a rotater on his sign at his new building
at Marsh and Broad Streets.
Mr. Carpenter stated he objected to being denied the use of tte rotater since
the Municipal Code does not prohibit a rotating sign as such, but as a policy
just recently adopted by the Planning Commission and /or City staff. He
stated that be had personally reviewed the Municipal Code to see what the re-
strictions were on signs and when he found not restriction relating to rotating
signs, that he ordered one built for his new building. He requested that the
City Council allow him to place a rotater in his sign.
Mayo r Davidson asked Mr. Carpenter if he realized that the free standing sign
would be located in the proposed setback line of Broad Street.
Mr. Carpenter stated that he was aware of the possible future street widening
on Broad Street and that he would willingly.covenant with the City to relocate
the sign at his expense if the City ever widened the street.
On motion of Councilman Mille r,'seconded by Councilwoman McNeil, that the City
allow a rotater in the Carpenter's Rexall sign subject to the filing of a
covenant that the sign will be relocated from the street setback area if the
street is ever widened. Motion carried.
4b. At this time the City Council held a public hearing on the appeal of Martin
Polin from a decision of the City Planning Commission in denying his request
for rezoning from R�1 to C -1 of-property located at the southwesterly corner
of South Broad Street and Foothill Boulevard.
Mayor Davidson declared the public hearing open.
J.-H. Fitzpatrick. City Clerk, read to the City Council Planning Commission
Resolution No. 109 -63 which recommends to the City Council that the public
necessity and convenience and the the general welfare do not require such rezoning
and recommended that the City Council deny this application.
Also, the.report dated July 25, 1963, of the Planning Commission's denial of
this application by Martin Polin on the grounds that:
a. No economic justification of the proposal was presented.
b. Adequate areas of underdeveloped C -1 zoning now exists in the
vicinity.
The Planning Commission suggested that Mr. Polin develop his existing C -1
area and submit his request for the further review at a later date.
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Mr. Polin appeared before the City Council on behalf of his requested re-
zoning from R -L and R -3 to C -1 of his property located at the southwesterly
corner of South Broad Street and Foothill Boulevard.
Mr. Polin stated he would agree to the City Council stipulating that if he
did not make use of the property for uses in the C -1 zoning within three (3)
year period, then he would be willing for the City Council to rezone the
property back to R -1 and R -3..
Mr. Polin stated that this is not a speculative request, as he has been work-
ing on this development since 1958 and that he now has renters ready to go '
ahead with him if the necessary rezoning is accomplished.
Mr. Polin, presented a plot plan of how he is to develop this property if he is
granted the C -1 zoning.
The plot plan shows that the property will be developed with three (3)
separate buildings with adjacent parking on three sides.
He continued that the entire property will be landscaped with palm trees
and juniper bushes. The building will be of tilt -up construction and bungalow type,
Mr. Polin stated that he has signed leases with tenants for the first unit
adjacent to the Shell Oil Service Station presently zoned C -1..
The tenants for the building will be a steak house, laundromat, barber
shop, insurance office, etc.
Units 2 and 3 would be leased to national organizations if the zoning is
changed by the City Council as requested.
Building 2 will contain a drug store and variety store with several small
shops and offices:
The third building would contain a super market with several small shops and
offices.
Mr. Polin stated that this very day he had.received 100% financing form the
Bank of America in San Luis Obispo to build his first unit and further,
that the bank stated that they would W along with the other buildings as
soon as he can produce leases with the various tenants.
Mr. Polin stated that the Planning Commission had denied the requested re-
zoning until he made use of the property already zoned C -k and at that time the
Planning Commission would reconsider granting of additonal C -1 zoning:
Mrs. Harry C. Fink, 56 Broad Street, appeared before the Council protesting
the rezoning as it changes more R -1 land into C 71 commercial and that her
family had purchased the property with the feeling that their property would
be protected by the R -1 zoning and objected to more C -1 in the area.
I�Ir. Maurice Cheda, Rougoet Place, appeared before the City Council urging
the zoning change as he did not believe anyone would like to live on Broad
Street due to the high speed of traffic and the dirt and debris that is
spread from the present C -1 uses on Foothill.and Broad Street.
Dr. Mulling, Foothill Boulevard, appeared before the City Council urging the
Council to reverse tha action of the Planning Commission.and allow the re-
zoning as requested as commerical development is needed in the .area.
P. Chapman, Planning & Building Director, appeared before the City Council
and presented the Planning Commission's actions and discussions on the
rezoning requested by Mr. Polin.
Mr.. Chapman stated that the Planning Commission has just recently approved
a request by Mr. Polin for development of the first unit of his peroposal
which is presently properly zoned and that he can bring forth additional re-
quests for rezoning as he prepares to proceed with the development.
Mayor Davidson declared the public hearing closed.
Councilman Whelchel brought to the Council's attention the fact that the
City is planning on widening Foothill from Casa Street to Broad Street and
in so doing would eliminate a certain amount of property presently zoned
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c o�u�ierc ial ..
Mr. Whelchel continued that under present zoning regulations, Mr. Polin
can place his building on the C -1 property.and use the R zone to the rear
for parking, but that he, Councilman Whelchel,:would rather set.the buildings
and parking in the commercial zone and not a residential zone. Also, the
offer by Mr. Polin to set a three (3) year time limit on the zoning shows
that he wishes to proceed as rapidly as possible.
Councilman Miller agreed with Councilman-Whelchel as this property is presently
vacant and believes that this would be a-good development-and use of the land
and further., that the trend in the Foothill area is to multiple dwellings
which would increase the population in the vicinity and that a commercial
development in this vicinity would be good planning. Also, commerical
development is shown for this area in the general plan.
On motion of Councilman Miller, seconded by Councilva n Whelchel, the following
ordinance was introduced. Ordinance No. 27.1, an ordinance amending Section
9200.5 of the San Luis Obispo Municipal'Code, to change the zoning of a parcel
of property from "R-l"-to C -1 ".
Introduced and passed to print on the.following roll call vote.:
AYES:
NOES:
Clay P. Davidson, Miss Margaret McNeil
Donald..Q. Miller., Clell. W. Whelchel
None
ABSENT: R. L. Graves, Jr.
5. On motion of _Councilman Miller. seconded by Councilwoman McNeil, the City
Council set a public hearing on the planned development of the Dollie Ada ms'
property for student dormitories for September 3, 1963, at 8:00 P. M.
' 6. At this time the City Council discussed the report -:prepared by Paul Adamson
for a preliminary study on.the Orcutt Road railroad separation.
Mayor Davidson opened the discussion by stating that the City Council should
study this matter very carefully as the City now has thecpportunity to
property design an adequate crossing tD handle the future.traffic loads
expected in the area.
He continued that the Council.should - give more-intense study to this prpposal
including items not covered on this report, such as•the- width of Bullock Lane,
width of Orcutt Road, and more adequate alignment of Laurel Lane to get onto
the overcoossing. ,
He also stated the City should look into the overall problem.in the area and
not just a few of the answers that the engineer has submitted.
Councilman Miller agreed with Mayor Davidson that the Council should study
this matter further and in more detail as he does not believe that Mr. Adamson
has considered all the problems involved.
He agreed that.Mr. Adamson.prepared a good report, but that the City should
study other means of handling traffic at this intersection.
Councilman Miller also suggested that the City should give some thought to
realignment of Orcutt Road or Laurel Lane to meet Broad Street at right angles.
He also suggested that they look into the matter of an underpass and not only
an overcrossing.
D. F. Romero ,.City Engineer, explained :the studies and reasonings behind the
proposals submitted by—Mr—.—Adamson.
He explained that Mr. Adamson had considered the ultimate traffic needs of
the area and had, therefore, favored Orcutt Road with the interchange, that
Mr. Adamson had given careful sutdy to an underpass rather than the proposed
over - crossing, and had also given careful study to the route of Orcutt Road
which would intersect Broad Street near Rockview Place. Mr. Romero explained
that the Adamson report made a thorough analysis of the alternatives and presents
an economical design which should be adequate to handle future traffic flowes.
Mayor Davidson stated he believed one deficiency of the report was the
inadequate method of handling traffic on Bullock Lane which ultimately will
feed a large industrial area.
The City Council then discussed various design matters in the plan as presented
by Mr. Adamson with City Engineer Romero. r. .
The discussion was primarily in the area of attempting to handle the most
traffic expeditiously.
City Engineer Romero pointed out that interchange design was.a compromise
between cost and ease of traffic movement and that several suggestions of
the Council would greatly increase the cost of the project.
On motion of Councilman Miller, seconded by Councilman Whelchel, that the
City move ahead with acquisition of property on the east and west side of
the railroad south of Orucutt Road. Motion carried.
On motion of Councilman Millr,.seconded by Councilwoman McNeil, that Paul
Adamson be asked to meet with the Council in the near future to discuss the
grade separation at Orcutt Road. Motion carried.
X. Mr. John Ross, Architect, presented to the City Council the following estimates
for work to be accomplished in the City Hall:
"In accordance with your directions on Monday., August 15th, I am submitting
estimates for work in the City Hall. Items are indexed to coincide with a
memorandum of July 18th. The paragraph references and estimates follow:
"2a. Civil Defense Chief's Office in-basement. Heating Electrical,
suspending ceiling, painting, flooring, and carpentry. Est. Cost $2,515.00
"2b. Lighting of first floor of City Hall. Approx. 50 new fixtures, and
60 existing renovated and /or moved. Patch and paint 10,500 sq. ft.
accustical ceilings. Est. cost $91,800.00.
"2c. Provide duct exhaust system. Est. Cost $5,200.00
112d:. Redecorate Civil Defense Office.. Redecorate and modify Administration
Offices, Attorney's offices, and.planning and Building Department.
Est. Cost .$2,060.00
1'2e. Employees lounge and conference room in basement.- Heating, lighting
suspended ceiling, flooring, painting and case work.
Est. Cost,. $2,920.00
3a. Complete emergency operating center with capacity of 90"and total area
of 2,000 sq. ft.
Est. cost, $90,000.00
"3b. Modify 7,000 sq: ft. of basement for future offices. Work to include
heating, electrical, suspended ceilings. floor covering, painting.and 400
lineal ft. of movable walls.
Est. cost $382900.00
"3c. Redecorate remainder of first floor of City Hall.
Est. Cost, .$1,500.00..
Estimated cost of items 2a through 3c, $152;985.00"
Communication was held over to the meeting of August 19, 1963.
Y. Communication from the Veterans of World War I of the United States of-
America requesting permission from the City Council for a Walter Baxter to
solicit-advertisement in:the City of San Luis Obispo to.put -out a paper
or brochure listing veterans' benefits and other news of general interest to veteran
The City Council discussed the request with George Olive, adjutant for the
Veterans' of World War II, local chapter.
After discussion with Mr. Olive, it was moved by Councilman Whelchel, seconded
by Councilman Miller, that this request be referred to a Council Committee
to investigate and make recommendations to the City Council.
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on 5.
The Mayor appointed Councilman Whelchel and Councilwoman McNeil on the
Council Committee.
7. The following communication was presented to the City Council from
D. F. Romero, City Engineer, to Alex Madonna of the Madonna Inn:
"Enclosed is a report from Hornkohl Laboratories giving the fat content of
the sewage effluent from the Madonna Inn Lift Station. You will note that
the fat content is 50,400 ppm, whereas the maximum allowed under Section
750lb -2 of the Municipal Code is 100ppm. 'It is evident from these results
that the grease traps now in operation at the madonn Inn are not adequate,
and that the measures taken to reduce the infiltration of grease after my letters
to you dated December 4, 1962 and June 7, 1963, have been ineffectual.
"Since it appears that your orgainization is unable or unwilling to take
steps which will solve the grease problem at the Madonna Ing, I am turning
the matter over the City Council with the request that the sewage service
to the Madonna Inn be disconnected until such time as you are able to meet
the requirements of the Municipal Code."
Mr..Fauset, Building Superintendent for the Madonna Construction Company,
appeared Before the Council stating that the Madonna Inn now has two (2)
additional grease traps installe d but that no test had been made since
the installation of these traps and that a possible answer on the grease
problem would not be known until additional tests had been made.
Mr. D. F. Romero, City Engineer, again explained the problem to the City
Council that in addition to the grease problem in the sewer effluent, the
fact that the new and larger sewer lift station has not been installed
aggravated the problem for the City and the Inn.
Councilman Miller moved that a council Committee be appointed to meet with
Alex Madonna and investigate the reason why the lift station has not been
installed. Motion lost for the want of a second.
On motion of Mayor Davidson, seconded by Councilman Miller, that Mr. Madonna
retain a competent hydraulic engineer to prepare design for elimination of
the grease problem and report back to the Council within sixty (60) days.
Motion carried.
On motion-of Councilman Whelchel,-seconded by Councilman Miller, that the
City request a report from Mr. Madonna regarding his intention to clear up
the grease problem and within seven (7) days notify the City Council of
his intentions.
On motion of Mayor Davidson, seconded by Councilman Miller, that the Council
modify the agreement with Mr. Madonna in that the City is ready to pay its
share of the sewer lift station installation as soon as'it is installed and
not over a five (5) year period as originally agreed. Motion carried.
8. Communication from W. L. Ramage and Einar Anholm requesting anandonment of
that portion of Venable Street adjacent to Lot 1 Block 13, and Lot 6, Block 10,
was referred to the Planning Commission on motion of Mayor Davidson, seconded
by Councilman Whelchel.
9. Communication from the State EmployeeA' Retirement System acknowledging
receipt of Resolution No. 1163, a resolution of intention to approve an
amendment to the contract between Board of Administration of the state
Employees' Retiremtne System and the City Council of the City of San
Luis Obispo.
On motion of Councilman Whelche. seconded by Councilman Miller, the following
ordinance was introduced. Ordinance No. 270, an ordinance of the City Council
of the City of San Luis Obispo authorizing an amendment of the contract between
the City Council and the Board of Administration of the California State
Employees' Retirement System.
Introduced and passed to pront.on the following roll call vote:
AYES: Clay P. Davidson, Miss Margaret McNeil,
Donald Q. Miller, CRell W. Whelchel.
NOES: None
��, I.
ABSENT: R. L. Graves, Jr.
10. Communication from the property owners of Lot 59 of Ranchos Canada de Los
Osos and Laguna, (Peterson Ranch) R. C. Skinner and Associates, requesting
annexation to the City of San.Luis Obispo, was referred to the Planning.
Commission on motion of Mayor Davidson, seconded by Councilman Whelchel, and
the Planning Commission was're.quested to include an investigation•of.the
water and sewer problems to service the area, study the effect of the creek
diversion and the improvement of Los Osos Road and Los Osos Bridge included
in this annexation. Motion carried.
J. H. Fitzpatrick, City Clerk, was, instructed. to set.notification • of the
requested annexation to the City Water Superintendent, City Engineer, City
School Board and the Laguna School Board.
11. A= this time the City Council considered the lifting of the water rationing
in the Terrace Hills area and the rescinding of Resolution No.,1159 setting
forth the water restrictions.
On motion of Councilman Miller,.seconded by Councilman Whelchel, the following
resolution was introduced. Resolution No. 1173, a resolution repealing
Resolution.No. 1159 (1963 Series).
Passed and.adopted on the following roll call vote:
AYES: Clell W. Whelchel, Miss Margaret McNeil, Donald Q. Miller
NOES: Clay P. Davidson
ABSENT: R. L. Graves, Jr.
Z. The following communication was presented by the Administrative Officer -
on behalf of the Fire Chief, regarding the weed - abatement program::
"Because of recent difficulties in complying with the City Council's wish
to have the weed abatement program in the City handled by the-..Fire Depart-
ment, I would like to.request permission to-deviate-from. the.list•of
equipment approved for purchase in the 19.63 -64 Budget_., (Account No. 200.21)
Originally, it was thought that it would be possible to acquire a dependable
used truck for $600.00, a tank for $450.00, and a pump-for $500.00. However,
after road testing the 1955 Dodge truck we had in mind, we find that it does
not measure up to minimum standards and would undoubtedly be expensive to
maintain, since it is reported to have gone well over 200,000 miles.
In view-of this, I would recommend that a newer model, a 1959 Dodge with
only.23,000.,miles, be purchased at a quoted price of $1195.00, and that
either account No. 200.21 be increased by $650.., or that the purchase of the
water tank be put off until 1964 -65.
At present, .since Engine #5, (the American- LaFrance) has thrown a rod. and
cannot be;used, we are attempting to keep the program .going by using
Engine #3 (1939 Mack) in spite of the fact that something is wrong with
either the transmission or clutch , or both. Since both of these pumpers
are to be traded in this year, I would advise against making costly repairs
and feel the-City would gain.by investing in a.more dependable truck at
this time."
R. D. Miller, Administrative Officer, recommended that the request of the
Fire Chief Schlobohm be.•approved.
On motion of Councilman Miller, seconded by Councilwoman McNeil, the request
of Fire Chief Schlobohm was approved. Motion carried.
The City Council then' discussed.the overall results of the weed abatement
as carried on by the City Fire Department of San Luis Obispo.
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The City Council discussed the matter of unsightly lots left after the Fire
Department has apparently abated the weeds which was particularly true in
the parkways in areas adjacent to the City sidewalks.
After discussion by the Council, it was moved by Mayor Davidson, seconded
by Councilman Whelchel, that the City Public Works Department be instructed
to do some mowing in critical areas such as parkways, etc. Cheef Schlobohm
was requested to prepare a report on alternate methods of weed abatement.
12. For Council information, communication from the Department of Public Works,
Hydraulic Division, informing the City Council that the San Luis Obispo
County Board of Supervisors has appointed Mr. R. C. Scebedo to the Administrative
Committee of the Cayucos Area Water Organizations as the representative of
San Luis Obispo County Waterworks District No. 8, was ordered received and filed.
13. Minutes of the San Luis Obispo County Resources Advisory Committee for July 2,
1963, were ordered received and filed.
C0 3a. Communication from the San Luis Obispo Flood Control and Water Conservation
J District on behalf of the County Water Resources Advisory Committee requesting
certain information relative to the operation of the City Water Department
to coordinate with water needs throughout the County of San Luis Obispo.
On motion of Councilman Miller, seconded by Councilman Whelchel, the
questionaire was referred to the Water Superintendent for preparation and
requested that it be presented to the City Council before forwarding to the
County. Motion carried.
14. Communication from the Channel Counties Division of the League of California
Cities notifying the City Council of their quearterly meeting which is to be
held in Lompoc on Thursday, August 29, 1963, was ordered received and filed.
Communication from Burt L. Talcott, U. S. Congressman, acknowledging receipt
of the San Luis Obispo City Council resolution supporting the Port San Luis
Harbor development, was ordered received and filed.
16. Communication from the Division of Highways regarding placement of multiple
exit signs in the City of San Luis Obispo, referred to the meeting of the
District Engineer on September 5, 1963.
17. Communication from the Division of Highways, E. R. Foley, District_ Engineer,
requesting a meeting with the City Council concerning the Madonna Road
interchange and the proposed relinquishment of the improved Madonna Road
to the City, was referred to the meeting of the District Engineer on
September 5, 1963.
18. Communication from California State Polytechnic College forwarding an
executed copy of the water filtration plant lease purchase agreement with
the City of San Luis Obispo, was ordered received and filed.
19. Reminder notice from the County of San Luis Obispo Planning Department
regarding the forthcoming regional work shop on planning to be held in the
City of San Luis Obispo on August 30 -31, 1963, was ordered received and filed.
20. Communication from the Port San Luis Harbor District thanking the City Council
for the passage of Resolution No. 1154 urging the economic development of
San Luis Obispo Harbor, was ordered received and filed.
21. The following communication was received from Edgar L. Carpenter, Lacey E. Lamberth,
Florence Isom, and Marie Netto:
"Many requests have been made to the various departments of the City to have
six mail boxes installed as they were prior to the installation of the sewer
and water lines along South Broad Street, to date no action has been taken
but various answers given.
The San Luis Obispo Post Office Department has repeatedly requested that
we have the boxes installed according to regulation as they were prior to the
construction of the aforementioned lines.
it has become a standing joke, "who shall we call ", at last we are calling
upon the Honorable Council. As a last resort we have repaired and installed
the boxes at a cost of $40.80. We sincerely feel that this is an unjust
cost to us in lieu of the fact that the boxes were properly installed prior
to the aforementioned construction, not to mention the fact that we paid
adequately for the sewer and water lines to compensate for damages apprehended.
We hereby respectfully request that we be reimbursed in the amount of
$40.80, for the labor and materials submitted on a job that was rightfully
that of the contractor or the party hiring the contractor, namely, San Luis
Obispo City Council. Several .of. the parties involved are in no way connected
with the sewer or water lines."
The communication was referred to the City Attorney to determine the
legality of the claim. Mr. Fitzpatrick, City Clerk, was to obtain a list
of the amount due to each person involved.
22. Communication from Knuthson -Helms Company requesting the status of the water
situation of the Johnson Avenue Ann -Arbor area so that they may proceed with
their development of their tract.
The City Council stated that Knuthson -Helms should be notified that plans
and specifications are still in progress by a consulting engineer and that
the City will notify the subdivider when the plans and specifications are
ready and schedule this for discussion.
On motion of Councilman Miller, seconded by Councilwoman McNeil, the meeting
adjourned at 11:05 P. M.
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