HomeMy WebLinkAbout10/07/1963REGULAR MEETI *2: OF CITY COUNCIL
October 7, 1963 - 7:30 P.M.
C HALL
Invocation was given by Mayor Clay P.-Davidson.
Roll Call
Present: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald Q. Miller, Clell 'J. Whelchzl
City Staff
Present: P. Chapman, Director of Planning & Building; J. H. Fitzpatrick,
City Clerk; W. M. Houser, City- tttorney; R. D. Miller,
Administrative Officer; D. P. Romero, City Engineer; L. Schlobohm,
Fire Chief; J. Norton, Police Sergeant; H. P. Thompson, Water
Superintendent.
On motion of Councilman Graves, seconded by Councilman. I�Jhelchel, claims against the
City for the month of October, 1963, :fere approved and ordered paid subject to the
approval of the Administrative Officer.
The minutes of the meetings of September 19 and 24, 1963, were held over.
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1.
The City Council considered payment of the
following
contract payments:
Cuesta & Cerro Romauldo Parallel Sewer
C. S. CONSTRUCTION COMPANY
#3
$591.75
Foothill Boulevard Widening
Lst. #3
$92707.58
'
D. F. Romero, City Engineer, explained the
change orders to this contract and
particularly change order #3 in the amount
of $250.00
which was expenses over
5,799.86
construction cost due to delays by utility
relocation
and the Southern Pacific
Railroad.
Est.
#1
W. M. Houser, City Attorney, recommended to the City Council that change order
#3 be rejected as the delay to the contract was not caused by the City of San
Luis Obispo and any extra cost to the contractor would not be the City's
responsibility. Therefore the extra money cannot be legally paid.
On motion of Councilman Graves, seconded by Councilman Whelchel, that the
request for additional fund- for change order :�3 be denied. yotion carried.
On motion of Councilman Graves, seconded by Councilwoman:McbYeil, corrected pay
estimate 43 for C. S. Construction Company of $9,482.58 was approved and ordered
paid. Motion carried.
W. M. LYLES COMPA „Y
Cuesta & Cerro Romauldo Parallel Sewer
Est.
#3
$591.75
Est.
19
(final) 795.75
TED WATKINS CONSTRUCTION COMPANY
Street Repair Program, Phase M
Est.
#1
5,799.86
GENERAL ENGINEERING & CONSTRUCTION CO.
Revision to Parking Lot #1
Est.
#1
52776.82
MADONNA CONSTRUCTION COMPANY
Madonna Road Widening
Est.
#1
49827.30
NORTH BAY CONSTRUCTION COMPANY
Sewage Works Enlargement
Est.
X613
219588.03
FRED J. EARLY, JR. CO., INC.
Water System Improvements
Est.
#1
402850.00
On motion of Councilman Graves, seconded by Councilman Diller, the contract
payments were approved.
City Council Minutes
October 7, 1963
Page -2-
2. The following salary step increases were approved on motion of Councilman
Miller, seconded by Councilwoman McNeil:
DELLA BITTA, Jack, Laborer- Equipment Operator, from Step 1 at $368 to Step 2
at $390 per month, effective November 1, 1963,
GINGG, Thomas P., Civil Engineering Assistant, from Step 3 at $575 to Step 4 at
$608 per month, effective November 1, 1963.
SRILES, Frank L., Building Inspector, from Step 4 at $680 to Step 5 at $720
per month, effective November 1, 1963.
3. The following memorandum was received from Fire Chief Schlobohm regarding item
changes on the Fire Department Capital Outlay Budget:
"In reference to our conversation of September 26, 1963, relative to using a
portion of our fire hose budget for the balance of money needed to purchase a
1000 GPM monitor nozzle for the new pumper, be advised that the manufacturer
has given us a very good price on this item. You will note on the attached
requisition that the purchase price to the City is $505.00, compared to a list
price of $1,010.00.
Our budget request was originally based on replacement of 400' of 21" and 400'
of 11' hose. Since we have been able to take advantage of favorable quotations
from fire equipment suppliers at an estimated saving of $429.00, it will be
necessary to sacrifice only 100' of 2' fire hose replacement."
On motion of Councilman Graves, seconded by Councilman Miller, the request of
Fire Chief Schlobohm was approved. Motion carried.
1 4. The following bids were receives: for roof and wall alterations to the City Hall
Administration Building:
Arnold A. Volny
297 Santa Rosa St.
San Luis Obispo $11,940.00
Wally La Freniere
539 Cerro Romauldo
San Luis Obispo 17,000.00
P. J. Zuidertyeg
2800 Broad St.
San Luis Obispo 12,470.00
R. D. Miller, Administrative Officer, recommended that the low bid of Arnold
A. Volny for $11,940.00 be accepted.
On motion of Councilman Miller, seconded by Councilman Whelchel, the low bid
of Arnold A. Volny was accepted. Motion carried.
5. The following bids were received for one used track type tractor:
Brown- Bevis - Industrial NONE
Hanson Equipment Company NONE
1 Wallace Machinery $122000.00
D. F. Romero, City Engineer, recommended that the low bid be accepted.
R. D. Miller, Administrative Officer, concurred in the recommendation.
On motion of Councilman Graves, seconded by Councilman Miller, the low bid <•
Wallace Machinery for $12,000 net was accepted.
6. The following bids were received for the Whale Rock Pumping Plant Additions:
Allied Construction & Engineering Company $105,740.00
Fred J. Early, Jr., Co., Inc. 952850. :.9
W. M. Lyles Company 999700.00
J
1
City Council Minutes
October 7, 1963
Page -3-
North Bay Construction Company $1099000.00
Pylon, Inc. 929000.00
Triad Piping & Construction Company 88,280.00
Wismer & Becker Contracting Engineers 1840900.00
Ochs 939400.00
R. D. Miller, Administrative Officer, recommended that the low bid of Triad
Piping and Construction Company for $88,280.00 be accepted.
This bid was below the Engineer's estimate of $88,600.00
On motion of Councilman Graves, seconded by Councilman Whelchel, the low bid
of Triad Piping & Construction Company was accepted.
7. Proposal by the Department of Water Resources to make a corrosion survey of
the Whale Rock Conveyance Conduit.
On motion of Councilman Wdhelchel, seconded by Councilman Graves, the Mayor was
authorized to execute the agreement with the Department of Water Resources on
behalf of the City and the Whale Rock Commission. Motion carried.
8. At this time Mr. C. Flaser Horn of the auditing firm of Hutcheson, Horn,
Johnson & Hey, appeared before the City Council to discuss the City's audit
by his firm for the period ending June 30, 1963.
Mr. Horn first explained the methcds used by his firm in making the audit and
then explained in general the format of his audit report and how the various
exibits tie into the statement of fund transactions. Iie then explained in some
detail the use of various schedules to tie back to the original audit. After
explaining the general audit report, Mr. Horn briefly explained his firm's
audit of the ?dater Department records and the records of the Parking District
No. 1.
Mr. Horn thanked the City Council for retaining his firm to do this audit for thF
City and also informed the City Council of the excellent cooperation shown by
the Finance Department in the preparation of these records.
9. The following report was received from the City Taxi Committee:
"The Committee discussed the following items:
1. Alternate request of Yellow Cab Company for a downtown taxi stand.
2. Request of A & M Taxicab Company for a downtown parking stand.
3. Policy for number of taxicab stands for each franchise holder.
1. The Committee recommends that the first 12- minute parking meter zone
north of Higuera Street on the east side of Chorro Street be changed to
a taxicab zone for the Yellow Cab Company. The Committee rejected the
alternate request for a taxicab zone on the north side of Higuera Street
east of Chorro as said location was a no parking zone installed to
facilitate right hand turning off of Higuera onto Chorro Street.
2. The Committee recommends that the taxi stand requested by A & M Taxicab
Company be approved for installation whan the new ordinance goes into
effect. Said stand to be located on the north side of Higuera Street
the first parking space West of Chorro Street intersection.
3. The Committee recommends that the Council adopt as a matter of policy
each taxicab franchise holder be permitted two (2) taxicab stands for the
number of taxis presently operated and that no additional taxi stands in
the downtown area be considered until the applying franchise holder is
operating eight (8) or more taxis."
City Council Minutes
October 7, 1963
Page -4-
On motion of Councilman Graves, seconded by Councilman Miller, the following
resolution was introduced. Resolution No. 1186, a resolution establishing
additional taxi cab zones.
Mr. Jerry Warren, Manager of the Yellow Cab Company, stated he had no choice
' but to object to the granting of a cab stand for the A & M Cab Company until
the new ordinance allowing such stand is in effect.
Mr. Axman, Co -owner of the A & M Cab Company, appeared before the City Council
stating that he objected to the Yellow Cab protest as they have no right to
protest as they are not living up to their agreement when they promised new
taxi cabs, which they have not procured. He also complained that the Yellow
cabs are unsafe, bad tires, etc.
Mr. Axman then listed additional grievances he had against the Yellow Cab
Company, such as telephone calls, advertising, etc.
The Resolution was passed and adopted on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil
NOES: Donald Q. Miller, Clell W. Whelchel
ABSENT: None
10. Pit this time the City Council considered the final passage of Ordinance No. 267,
an ordinance amending certain prov s ons of the San Luis Obispo Municipal Code
regulating taxis.
On motion of Councilman Graves, seconded by Councilman Whelchel, the Ordinance
was finally passed on the following poll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald Q. Miller, Clell W. %".ielchel
NOES: None
ABSENT: None
11. At this time the City Council considered the fine.l passage of Ordinance No, 273,
an ordinance amending Section 9200.5 of the San Luis Obispo Municipal Code to
change the zoning of a parcel of property from "R -%" to "C -1 -S" and from "R -3"
to "C -1 -S ".
Councilman Graves stated that he would again oppose the rezoning of this
property as he believed it would be to the City and the property owner's advantaf
if it were developed under the planned development section of the Municipal Code
as he believed that a more controlled development would be an asset to the City.
The Ordinance was finally passed on the following roll call vote:
AYES: Clay P. Davidson, Miss Margaret McNeil,
Donald Q. Miller, Clell W. Whhelchel
NOES: R. L. Graves, Jr.
ABSENT: None
12. At this time the City Council held a public hearing for the purpose of hear.
appeals on the decision of the Fire Chief in connection with the current we - -.
abatement program in the year ending September 15, 1953.
Mayor David!�un declared the public hearing open.
Mr. Stanley Nelson appeared before the City Council objecting to the weed
abatement program in general on the following bills: 1148, 1062, 10752 1090,
1091, and 1097 in the amount of $102.40.
City Council Minutes
October 7, 1963
Page -5-
Mr. Nelson stated that this property had never before been posted or burned
by the Fire Department as this is grazing land and could not, under any
stretch of the imagination, be a hazard to the neighborhood. Also, he continued`
that due to the lack of grass for grazing, the lessee had removed his cattle
to greener pastures. He requested that the City Council cancel or adjust
this bill and instruct the Fire Department to not burn grazing land in the
future.
Fire Chief Schlobohm stated that his department had only burned a fire break
twenty (20) feet wide along South and Meadow Streets as a protection against
fire from persons who might indiscriminately throw cigarettes or matches from
a moving vehicle.
On motion of Councilman Graves, seconded by Councilman Miller, that the appeal
be denied. Motion carried,
Douglas R. Lewetzow appeared before the City Council and objected to the
increased charge over the prior year for burning the weeds on his lot, as the
lot is only 50 x 60 feet and last year the charge was $12.00 and this year he
has been charged $26.00, and requested that an adjustment be made by the City
Council to what he considered excessive cost.
Fire Chief Schlobobm reported that the increase in cost was due to the additions;
time needed to clear the lot as a large pile of accumulated grass clippings and
linoleum scraps had to be burned.
After discussion by the City Council, the Fire Chief was requested to investigate
the complaint of Mr. Lewetzow and report to the City Council on October 14, 1963.
' Mayor Davidson declared the public hearing closed.
On motion of Councilman tdhelchel, seconded by Councilman Graves, the City Clerk
was ordered to secure the unpaid abatement charges to the properties concerned
and collect abatement charges with the City tames. Motion carried.
Councilman Miller questioned the method used by the Fire Department in assessing
time and charges for weed abating which he believed was very unfair to the
property owners involved.
He suggested that the City acquire some type of time. clock which could be used
on the fire truck and that the time could be punched on to a work sheet when the
work is first started and ended, as this would avoid the averaging of the time
that is being done now by the Fire Department personnel and which is malting the
charges to the property owners exorbitant.
Chief Schlobohm explained that the Fire Department allocated the time used for
traveling from lot to lot and also the time used for filling the tank truck and
this time was pro -rated to all lots burned during the day.
R. D. Miller, Administrative Officer, reported to the City Council that the Park
and Recreation Department and the Fire Department are investigating the possibili.
of roto - tilling most of these lots which could be done by one man and one piece
of equipment which would do a better job and still reduce the cost to the propert:
owner.
Mr. Miller stated that as soon as this study was completed, a report would bF
submitted to the City Council with recommendations.
13. At this time Che City Council held a public hearing on the report of the
Superintendent of Streets for cost to install sidewalk and to hear protests
these charg:6.
Sila M. Maino $160.00
Wilfred C. & Harriet Zanoli $145.00
John H. Woodbridge $360.00
Mawr Davidson declared the public hearing open.
City Council Minutes
October 7, 1963
Page -6-
J. H. Fitzpatrick, City Clerk, reported that Wilfred C. & Harriet Zanoli and
John H. Woodbridge had requested the three (3) year deferred payment plan.
On motion of Councilman Graves, seconded by Councilwoman McNeil, the follotbag
resolution was introduced. Resolution No. 1187, a resolution confirming costs
' of sidewalks constructed under the 1911. Act.
Passed and adopted on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
14a. At this time the City Council held a public hearing on the list of properties
lacking standard improvements where more than 50% is improved (File 4,66
through #91 inclusive).
Mayor Davidson declared the public hearing open.
Dick Nelson, representing California Motor Express, appeared before the City
Council and objected to the placement of sidewalk, curb and gutter at 420
Pacific Street, Carmel Street side, as it would restrict the use of the loading
dock at the California Motor Express warehouse, as cars could park along this
curb and it would restrict the movement of trucks in and out of the loading
docks on Carmel Street.
' On motion of Gouncilmau Graves,
Council hold off action on Item
for Council study.
seconded by Councilman Whelchel, that the City
84 until additional information is received
R. L. Tiday, Attorney representing Gladys Bayles of 743 Buchon Street, File #76,
presented a letter stating that they are planning development on this property
in the future and that they do not wish to have curb, gutter and sidewalk
installed until these improvements have been made. Further, he is protesting
the method of assessing as he does not know under what act the assessment is
being made.
Councilman Whelchel suggested that the City write Mir. Tiday asking them when they
plan on making the improvement and if within a reasonable length of time then
the City can hold off this order.
The City Council then discussed the time limit that should be placed on this
improvement.
On motion of Mayor-Davidson, seconded by Councilman Miller, that the City Enginec
be instructed to contact the property owner and inform her that if no plans are
presented within a sip: (6) month period for improvement to the property, then
the City will proceed with the sidewalk installation and assess the cost to the
property owner. Motion carried.
J. H. Fitzpatrick, City Clerk, presented a communication from I.Wlien & Klem, Inc,
File #71, requestiag that the City Council grant them an extension of time for
placing curb, gutter and sidewalk as they are presently preparing plans for
construction of an apartment house on this property which includes a large
retaining wall along the sidewalk area and they would like to defer the
installation of such sidewalk until the retaining wall has been constructer..
On motion oZ Councilman Miller, seconded by Councilwoman McNeil, that a six (6)
month extension be granted to Kulien & :Clem before the sidewalk will be
installed. If not placed in six (6) months or 1f no plans are on file for
construction in six (6) months then the City will place the improvements and
assess the cost to the property owner.
City Council Minutes
October 7, 1963
Page -7-
Councilman Miller presented a protest from E. B. Rice, 2548 Augusta Street,
File #49, stating that Mrs. Rice had contacted him stating that due to her
financial situation (she is a widow) it is impossible for her to pay for the
sidewalk improvement even with the three (3) year option as offered by the
Council.
' Councilman Miller asked that this be held over until the City Engineer can
get a better estimate of the-cost so that Mrs. Rice can be informed.
Action on File #89 was held over until October 14, 1963.
Mayor Davidson declared the public hearing closed.
On motion of Councilman Graves, seconded by Councilman Miller, the City Engineer
was instructed to proceed with the balance of the listed properties, less the
items held over; Items 971, 76, 84 and 89. Motion carried.
15. Mr. D. F. Romero, City Engineer, presented a report on a survey of existing
asphalt sidewalk in the City of San Luis Obispo by street address, owner's name,
improvement needed, and condition.
The City Council discussed various elements of the report and the need for
making the improvements.
On motion of Councilman Graves, seconded by Councilman Miller, the City Engineer
was instructed to proceed on the list for recommending replacement of the
asphalt sidewalk and to proceed with the procedure for public hearings, except
for frontages where a portion of the blocks are dirt and also 1420 Chorro Street.
Motion carried.
W. M. Houser, City Attorney, then explained for the Council's information the
' actions the Council should take under the City's sidewalk ordinance.
16. At this time the City Council held a public hearing on the request to transfer
the certificate of public convenience and necessity issued to Wayne Vaughn'.to
transfer to Jack Hathaway and Charles Chain dba Yellow Cab Company.
Mayor Davidson declared the public hearing open.
Mr. Houser, City Attorney, reported'to the City Couacil.on'.his investigation
into the financial responsibility of the petitioners and stated that both
individuals had adequate financial responsibility to operate a cab service in
the City.
Mr. Houser also presented the findings of the Police Department in their
investigation of the applicants and find no derogatory report and recommends
that the certificates be transferred to Hathaway and Chain.
On motion of Councilman Miller, seconded by Councilman Whelchel, the following
resolution was introduced. Resolution No. 1185, a resolution approving transfer
of certificate of public convenience for operation of taxi cab.
Passed and adopted on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
X. At the request of Mr. Stanley Nelson the City Engineer was instructed to mee-
with Mr. Nelson and investigate his complaint regarding the conditions of
South Stree_ and report back to the City Council by October 14, 1963.
17. Communication from the Associated Student Body of Cal Poly requesting permission
to use the City Hail parking lot for disbanding homecoming parade on November 16,
1963.
On motion of Councilman Graves, seconded by Councilman hiller, the request was
approved. Motion carried.
�--�
City Council Minutes
October 7, 1963
Page -8-
18. Discussion with City Engineer of request by the C. S. Construction Company
for change order to cover delay in the Foothill Project.
See discussion under Item #1, Change Order #3 for C. S. Construction Company.
19. The following communication was received from the City Engineer regarding the
widening of Higuera Street near South Street:
"Several questions hava arisen regarding the intent of the Council action in
establishing a 6 foot sidewalk on the east side of Higuera extending northerly
from South Street to the Blue Chip Stamp Store. Therefore, I am requesting a
more complete clarification of the Council's intent. The existing improvement
consists of a continuous concrete driveway ramp 8 feet in width extending from
a curb return at South Street to approximately 60 feet south of the Blue Chip
Stamp Store. Northerly of this is a standard cirrb; gutter and sidewalk
installation for the remainder of the block.
"My questions are as follows:
1. Was it the Council's intent to remove the driveway ramp as properties
develop and request the installation of standard curb, gutter and 6 -foot side-
walks or was it the Council's intent to leave this ramp in its present condition
and enlarge the return at South Street to a 20 -foot radius?
2. Was it the Council's intent to call for the removal of existing curb,
gutter and sidewalks in that 60 -foot portion south of the Blue Chip Stamp
Store or was the limit of revision to take place at the northerly end of the
driveway ramp?
1 I have received a letter from Pacific Gas and Electric in which they point out
that relocation of the pole at the corner of South Street and Higuera will cost
approximately $1,500 and that it will have to be replaced by two poles instead
of one. They have also requested some assurance that the street will not be
widened once again calling for another move of this major pole installation.
I informed them that the widening proposed is probably an interim measure and
that the City is planning to establish a setback line sometime within the
next year for the ultimate width of the street.
It is my personal feeling that the 20 -foot radius proposed would be useful but
that the widening of the roadway by changing the 8 -foot sidewalk area to a
6 -foot sidewalk area would be of little, if any, benefit and certainly not
worth a substantial cash outlay."
On motion of Councilman Graves, seconded by Mayor Davidson, that the City
acquire the property radius on the corner of Higuera and South Street and request
the oil company to setback their light standard on their property. Motion carries
It was generally agreed that the curb radius would not be enlarged at this time
and that curbs would be set out six feet from the property line along Higuera
Street when these properties place new curb and sidewalk. This improvement
standard is to be followed from South Street to the standard curb and sidewalk
improvement ending about 60 feet south of the Blue Chip Stamp Store.
20. The following communication was received from the City Engineer:
' "I have been informed that the properties colored on the enclosed sketch are
available for sale at this time at an asking price of $28,000.
Les Kamm has ;.� tentative listing on this property although the real estate
contract has not yet been signed.
I suggest that if the Council wishes to proceed with the acquisition, we
request a property appraisal and a title report and that a committee be assigned
to negotiate for the purchase."
The City Council discussed the overall proposal for development of an interchange
at this location.
The time element was discussed and the Council conceded that the construction
will not take place possibly for ten (10) to twenty (20) years.
City Council Minutes
October 7, 1963
Page -9-
The City Council discussed a more realistic type of interchange either over
or under the railroad tracks.
City Engineer Romero pointed out that R. M. and J. Nunes on the south side
of Orcutt Road offered to sell for $16,950 under a listing with Willett Realty.
Upon question, the City Assessor, J. H. Fitzpatrick, was asked his opinion of
the.asking price of $28,000 and he stated that he believed this was too high.
On motion of Councilman Whelchel, seconded by Councilman Miller, that the City
proceed with the acquisition of the property on the north side of Orcutt Road
with the City Attorney to do the negotiating. Notion carried.
21. Discussion by the City Ergineer of Cal Poly proposal to construct sewer line
on Casa Street and Foothill Boulevard.
on motion of Mayor Davidson, seconded by Councilman Whelchel, that the City
deny the encroachment permit at this time and that the State be requested to
study and alter route for the sewer line and if this is not feasible, then
allow the construction during the summer when school is closed. Motion carried.
22. Report by the Administrative Officer on monies remaining in the parking
district bond construction fund, was ordered received and filed.
23. a. The following communication was received from City Neon:
"I am appealing for relief from the Planning Commission decision to uphold
the Board of Adjustment policy that the use permit be subject to the sign
being non - rotating and non - flashing.
' Application for the use permit was made for a rotating sign. Since there are
no ordinances prohibiting rotating signs and there being no protests from
anyone, the sign was legally posted so auyone could protest if they so desired,
I feel that this condition is unwarranted for two reasons. (1) It is a
so- called policy, one without foundation and (2) it imposes an undue hardship
on the applicant in that in order to get this approval ultimately from the
City Council, one must go through appeals to the Planning Commission and
eventually to the City Council. The applicant feels that this is an unreason-
able length of time to secure a permit to install a sign."
The following communication was received from the Planning Commission regarding
rotating sign at 1212 Higuera Street:
"Resolution No. 143 -63 recommends that the proposed sign be approved subject
to the condition that it be non - rotating and non - flashing. This condition is
recommended in line with the Commission's policy. The Commission feels that a
rotating sign would be particularly undesirable in this location dire to its
proximity to the French Hospital and the fact that there are no competing signs
in the vicinity."
City Attorney Houser stated that the Council cannot hear a hearing on the City
Neon appeal until it has been published in the paper and properly posted with
a ten (10) day notice.
' Councilman Graves stated that possibly the City should reduce size of signs
stop them from competing with one another, but first maybe the Council shoul .
send an indication to Mr. Moerman of what was going to be allowed by the Cc
before the Council schedules the hearing.
Carlos Moerman, President of City Neon, appeared before the City Council and
stated that he could not see why this type of sign was not allowed as the
property had been posted inviting public comment and no one had appeared before
the Planning Commission or Board of Adjustments. Fe believed the sign was an
asset to the City and to the business it represented. The new sign was smaller
he believed than the present sign and that the present sign was a flashing
sign and the new sign would rotate and he honestly could not see who could be
hurt by this change.
City Council Minutes
October 7, 1963
Page -10-
Mr. Albaush, Vice- president of City Neon, stated that one of the reasons for.
denial by the Planning Commission was on the basis of the close proximity of
the sign to the French Hospital and that upon further study and investigation,
he finds that there are flashing and rotating signs just as close or closes
to the hospital than the proposed sign.
' Mr. Moerman stated he wanted the Council to realize that he, as City Neon,
is not appealing for a use permit, but that he is only representing the business-
man who is requesting the sign and who also voted for members of the City Council.
On motion of Councilman Graves, seconded by Councilman Miller, that the City
Council adopt a resolution accepting the request of the Planning Commission
to disallow further requests for flashing or rotating signs as a Council policy.
Mayor Davidson stated that he did not agree with this policy of eliminating
all flashing or rotating signs as he believes each sign should be considered
on its own merit depending on location, etc.
Councilman Whelchel agreed with Mayor Davidson that all flashing and rotating
signs not be eliminated per se.,,,but.that the--regulation should be'oa the size
and illumination of the sign and'further,'that all such signs were not
detrimental.
Motion carried on the following roll call vote:
AYES: R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller
NOES: Clay P. Davidson, Clell W. Whelchel
ABSENT: None
The City Council then discussed the construction and location of the rotating
sign recently installed at the Rexall Drug Store at Marsh and Broad Street
which appeared to be located in violation of Public Utility Commission and
City requirements.
On motion of Councilman Miller, seconded by Councilman Graves, the City Attorney
was instructed to investigate and require the Rexall sign to be brought up to
PUC standards and the plot plan of the Council. Notion carried.
24. The following recommendation was received from the Planning Commission relative
to the Peterson Annexation:
"Resolution No. 139 -63 recommends that the annexation be approved subject to the
following conditions:
(a) Los Osos Road to be included as recommended by the Boundary Commission.
(b) City should be absolved from any expense involved in maintaining the
existing bridge over Perfumo Creek.
(c) Annexation to be limited to an area between Los Osos Road and a line
parallel to it at an average elevation of 240 feet.
Condition (c) is recommended due to the economic impracticality of providing
water above an elevation of 240 feet by the City."
J. H. Fitzoatrick, City Clerk, presented a letter received from Ray C. Skinner
regarding the Planning Commission resolution.
Mayor Davidson stated that the City should hold off any action on this
annexation until either the City School Board or Laguna School Board has ta!e .
positive action regarding the responsibility of the potential school population
brought about by this annexation.
On motion of Mayor Davidson, seconded by Councilman Miller, that the annexation
matter be held over until October 28, 1963 and that both school boards be
notified that the City Council will take action at that time and the Council
would like to know what school district would provide schooling for the
residents of the area.
25. The following recommendation was received.from the Planning Commission:
"Resolution No. 145 -63 recommends that the Council modify its sidewalk policy
City Council Minutes
October 7, 1963
Page -11-
to preserve existing trees wherever feasible when new sidewalks are constructed.
This recommendation arises out of complaints received about the removal of trees
on Augusta Street where sidewalks are being installed."
D. F. Romero, City Engineer, explained that the property owner himself removed
the tree in order to place the sidewalk integrally with the curb and gutter.
On motion of Councilman Miller, seconded by Councilman Grayes,.that the tree be
replanted at the City's expense in the four (4) foot strip behind the sidewalk
area, but that this action be deferred until the City has adopted the new tree
ordinance. Motion carried.
On motion of Councilman Graves, seconded by Councilwoman McNeil, that the City
Council adopt Planning Commission Resolution No. 145 -63. Motion carried.
Mayor Davidson voted no.
26. The following recommendation was received from the Planning Commission
recommending approval of tentative map of Tract No. 292.
"Subdivision - Ray C. Skinner - Tentative Tract No. 292.
Resolution No. 142 -63 recommends that the tract be approved subject to the
following condition:
(a) That a pedestrian access be provided between the proposed Norwood Street
and C..L.••Smitb School if required by the School Board.
27. Communication from R. C. Skinner Corporation requesting acceptance by the City
Council of the off -site improvements in Tract No. 278, was held over in
accordance with Council policy to the meeting of October 28, 1963.
28. Request from Elmer Smith that the City accept Smith Court into the City street
system, was ordered held over to the meeting of October 14, 1963.
29. Request from Mrs. Genevieve Goff, 964 Chorro Street, for the City to place a
tree in front of her building on Chorro Street.
The City Council discussed the overall tree planting program of the City.
Mayor Davidson stated that as he has said many times and the reason why he has
voted against the tree program, is that before the Council expands their street
tree program they should do three things as recommended by the Shade Tree
Conference:
1) The City should adopt a comprehensive tree ordinance.
2) The City should establish a maintenance program for watering and care of
trees.
3) The City should develop a master plan for the overall tree planting pro;.
On motion of Councilman Miller, seconded by Councilwoman .M,cNeflY1 tf at 'when
City orders new trees and they have arrived, plant one is front of the Goff property
as requested. Motion carried.
30. Progress report on Cable TV from the Central California Communications
Corporation, was ordered received and filed.
31. Report by the C. A. B. on use of San Luis Obispo -Psso Robles Airport, was
ordered received and filed.
32. Communication from the Department of Public Works notifying the City Council
that they must submit a report under the provisions 2156 of the Streets and
Highways Code, was referred to the City Engineer for compliance.
aa_ .,
The original plan for this area
provided for pedestrian access to
the school,
but Mr. Skinner feels that it is
no longer necessary. He proposed
to approach
-
the school board to seek their approval to the omission of this access."
On motion of Councilman Miller, seconded by Councilman Graves, the tentative
map of Tract No. 292 be approved
subject to the condition that the
pedestrian
access between Norwood and C. L.
Smith School be provided. Motion
carried.
Councilman Whelchel voted no.
27. Communication from R. C. Skinner Corporation requesting acceptance by the City
Council of the off -site improvements in Tract No. 278, was held over in
accordance with Council policy to the meeting of October 28, 1963.
28. Request from Elmer Smith that the City accept Smith Court into the City street
system, was ordered held over to the meeting of October 14, 1963.
29. Request from Mrs. Genevieve Goff, 964 Chorro Street, for the City to place a
tree in front of her building on Chorro Street.
The City Council discussed the overall tree planting program of the City.
Mayor Davidson stated that as he has said many times and the reason why he has
voted against the tree program, is that before the Council expands their street
tree program they should do three things as recommended by the Shade Tree
Conference:
1) The City should adopt a comprehensive tree ordinance.
2) The City should establish a maintenance program for watering and care of
trees.
3) The City should develop a master plan for the overall tree planting pro;.
On motion of Councilman Miller, seconded by Councilwoman .M,cNeflY1 tf at 'when
City orders new trees and they have arrived, plant one is front of the Goff property
as requested. Motion carried.
30. Progress report on Cable TV from the Central California Communications
Corporation, was ordered received and filed.
31. Report by the C. A. B. on use of San Luis Obispo -Psso Robles Airport, was
ordered received and filed.
32. Communication from the Department of Public Works notifying the City Council
that they must submit a report under the provisions 2156 of the Streets and
Highways Code, was referred to the City Engineer for compliance.
aa_ .,
City Council Minutes
October 7,1963
Page -12-
33. Communication from the State Board of Equalization regarding the computation
of costs of sale and use tax administration for 1962/63 and estimated cost
for 1963/64, was ordered received and filed.
34. Announcement by Cal Poly of the Regional Shade Tree Conference to be held at
Cal Poly on October I8 and 19, 1963. The Friday evening program is directed
toward the developing and maintaining of a tree program for the small cities
of the central coastal area and the City of San Luis Obispo is invited to
attend. Announcement was ordered received and filed.
On motion of Councilwoman.McNeil, seconded by Councilman Miller, the meeting
adjourned to 7:30 P. I•I., October 14, 1963.
Approved: October 28, 1963 -�
l/ . H. FI ZPATRICK, CITY CLERK
1
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