HomeMy WebLinkAbout10/28/19631
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ADJOURNED MEETING OF CITY COUNCIL
October 28, 1963 - 7 :30 P.M.
CITY BALL
Invocation was given by Mayor Clay P. Davidson.
Roll Call
Present: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald 0. Miller, Clell W. Whelchel
City Staff
Present: Peter Chapman, Director of Planning & Building;
J. H. Fitzpatrick, City Clerk, W. Flory, Superintendent
of Parks and Recreation; W. M. Houser, City Attorney;
R. D. Miller, Administrative Officer; D. F. Romero,
City Engineer; L. Schlobobm, Fire Chief; W. Schofield,
Police Chief; E. P. Thompson, Water Superintendent.
On motion of Councilman.Miller, seconded by Councilwoman McNeil, the following
minutes were approved as read: The minutes of the meetings of October 14 and 15,
1963.
On motion of Councilman Miller, seconded by Councilwoman McNeil, the following
minutes were approved as corrected:
SEPTEMBER 30, 1963 COUNCIL MEETING
Page 3 The amendment to the resolution paragraph : hould read as follows: "On
motion of Mayor Davidson, seconded by Councilman Graves, the following
amendment to the resolution of intention was presented. That the Planning
Commission be instructed to require an adequate amount of covered storage
space on each property.
Amendment carried. Councilman McNeil voted no.
Resolution No. 1184, a resolution of intention to change off - street
parking requirements for residential districts.
Passed and adopted on the following roll call vote:
F_-YES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil
Donald Q. Miller,
NOES: Clell W. Whelchel
t.BSENT: None
Pane 5 The paragraph of Mr. John Roza
R & L Boat Den, also asked that
to bring the motoring public on
Arnel Boat Den.
should read as follows: "Mr. John Roza,
the sign be placed south of Madonna Road
to Higuera Street. " - instead of
Page 6 Paragraph three should read, "Councilman Whelchel stated that he believed
the control should be on the size and illumination and not just because
the sign flashes or rotates."
Pape 7 After the quotation, Mayor Davidson's paragraph should read as follows:
"Mayor Davidson stated he could not see any reason for such a policy
statement by the Council as he does not believe that eliminating these
flashing and rotating signs would be of any help to the health and safety
of the residents of the City and further, that it is possible for a
properly designed sign of this nature to contribute to the bea+tty and
function of the City."
OCTOBER 7, 1963 :XUI1CIL MEETING
Paste 10 In the fifth paragraph, it should read, "Councilman Whelchel agreed with
Mayor Davidson that all flashing and rotating signs not be eliminated
per se, but that the regulation should be on the size and illumination of
the sign and further, that all such signs were not detrimental."
City Council Minutes
October 28, 1963
Page -2-
Page 11 Item 29 On the motion, it should read, "On motion of Councilman Miller,
seconded by Councilwoman McNeil,' rather than, "on motion of Councilman
Miller, seconded by Mayor Davidson, ".
1. At this time the City Council held a public hearing on the appeal of City,
Neon from a decision of the Planning Commission in denying a use permit L.,
allow a rotating sign at 1212 Higuera Street.
on motion of Councilman Miller, seconded by Councilman Graves, the r:::aal
was denied 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
2. R. D. Miller, Administrative Officer, announced the appointment of Leo J. Sesena,
as Janitor in the Parks and Recreation Department, effective October 16, 1963
at $330 per month.
22. Mrs. Pubens presented a proposal for a City Council member to be on the
committee to expedite the Civic Fine Arts Association program.
On motion of Councilman Miller, seconded by Councilwoman M._ ^:il, Councilman
R. L. Graves, Jr. was appointed as the City Council member •)n the Civic Fine
!arts Association committee. Motion carried.
2:. Co-+omunication from Cal Poly requesting an encroachment permit to place
ari�'itional sewer lines under Foothill Boulevard.
' On motion of Mayor Davidson, seconded by Councilman Graves, that the encroach-
ment permit for the sewer line construction be granted and issued as outlined
in the Cal Poly communication. Motion carried. Councilman Miller voted no.
Upon questioning by the City Engineer, D. F. Romero, the City Council made
it clear that the time limitation for construction of the sewer line would
apply only to that portion of work being conducted on Foothill Bonlevard and
and was not to be strictly inforced if inclement weather delayed the construct-
ion.
On motion of Councilman Miller, seconded by Councilman [dh?lch-- l., tUtt Cal Poly
be asked to proceed with the agreement to allow improvements on Cz- ,Aifornia
BoulevarJ in front of the Palm Royal apartments and apartment unvs� at
California and Foothill. Motion carried.
3. At this time Mr. E. R. Foley, District Engineer, State Divi:;ioL Highways,
appearo.d before the Council with several members of his staff tr.. ,resent to
the City Council their suggestions as to a new route for Hiahwa,. iec.. 1 through
the Cit-• of San Luis Obispo.
Mr. Faiey stated that his purpose this evening was to presert to Lhc- Cit,
Council information as to proposed routes for Highway No. 1. he -.i3.ths':
within two (2) months a public hearing will be held in the City allow the
public an opportunity to appear for or against the proposed routings.
' Mr. Foley introduced Mr. Datel, the new District Engineer, who is taking his
place.
Ralph Leionhud, Assistant District Engineer, then presented the various
proposals to reroute and realign Highway No. 1 through the City. He also
explained that was being done in improving Highway No. 1 to the City limits
from the north.
Mr. H. Case. District Traffic Engineer, then explained an origin and destination
study prepared by the State to see what the desires of the motoring public were
in the north end of the City.
City Council Minutes
October 28, 1963
Page -3-
Mr. Leionhud them presented a map showing the three alternate routes for
Highway No, 1.
Route IA West of Broad Street
Route 2 Along present Santa Rosa Street
Route 3 West of Southern Pacific Railroad tracks
All routes extended from 101 Freeway to Stenner Creek Road, north of the City
limits.
Mr. Leionhud then presented the studies made by the Division of Huse:; =ys in
arriving at the various alternates proposed for routing Highway No. '.. He
also presented cost estimates for construction and property acquisitl :n for
each alternate from a low of $8,100,000 to $11,000,000 for Route 2, 3.anta
Rosa Street.
Mr. Leionhud stated that the purpose was to establish a route for the new
highway which would not be built for at least ten (10) years, but for which
property could be acquired as soon as the route is approved.
Mayor Davidson thanked Mr. Foley and his staff for their presentation of the
suggested alternate routes for Highway No. 1.
4. At this time Mr. Warren Sinsheimer appeared before the City -_-juncil regarding
improvements to the Sinsheimer Trust Building now under cop :,-uction at.the
corner of Marsh and Osos Streets.
Mayor Davidson thanked Mr. Sinsheimer for his plan to preserve trees and plan
for development of his building under construction at Marsh and Osos Streets
wh�.•:.h followed some of the proposals set forth in the proposed Mission Plaza
Devni- opment report.
' Warren Sinsheimer presented his plans as follows for Council approval:
Item #1 Repair Marsh Street bridge, west side.
Item 02 Install a pump station under the Marsh Street building for irrigation
of landscaping on the building site.
Item #3 Permission to install new sidewalk on Marsh Street and Osos Street
with exposed aggregate and adobe pavers.
D. F. Romero, City Engineer, stated that he wished to bring to ti;e Council's
attention the potential hazard of allowing the exposed aggregate s'dewalk with
adobe brick pavers in which the City could be held liable fcr any: :'! falling
or slipping on uneven and worn sidewalk. He pointed out than *_hP adobe pavers
were a soft material and would undoubtedly wear. He also eyrr. -arsf. -1 dissatisfact-
ion with the quality of exposed aggregate sample.
Mr. Edwa d A. Williams, landscape architect for Mr. Sinsheimer, appeared before
the Courcit and explained his experience in using the exposes aggregate side-
walks witi: adobe pavers. He listed places that had used this; t.1.e ;f improve-
ment.
Councilman Muter stated he for one would like to go along ait: cr: new acncept
just to ar.e o•'::at the City's experience would be with these n^x pr ^cicts.
' On motion of C:oIncilman Miller, seconded by Councilman Graves, Ur. Oa_rac
Sinsbeimer's ',%.ree (3) requests were approved. Motion carried unanimously,
On motion of Councilman Graves, seconded by Councilman Miller. the ;'ollcwing
resolution .aGs introduced. Resolution No. 1199, a resoluti —jn commending
Warren Sinsi_aimer,
rass;:e mud adopted on the colivaair_g roll tail vote:
AYES: Clay P. Davidson, R.L. Graves, Jr., Miss Margaret McNeil,
Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
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City Council Minutes
October 28, 1463
Page -4-
On motion of Councilman Miller, seconded by Mayor Davidson, the City Engineer
was instructed to present cost estimates to the Council for work to improve the
Marsh Street bridge opposite the Sinsheimer property. Motion carried.
5a. Communication from the City School Board regarding the Peterson Annexatiodj
stating the matter of accepting the responsibility of the pupil population•,:
that will arise from this annexation has been tabled until such time as both
boards, the San Luis Obispo School District and the Laguna District, agree
in writing as to this portion of the development, and as far as the City School
District is concerned, the area will remain in its present district.
Mayor Davidson stated that as far as he is concerned, two important u=tters had
still not been settled to his satisfaction: (1) which school district will
assume the responsibility for the education of the children in the area and
(2) the diversion of Perfumo Creek through the proposed area to be annexed into
the City limits and which would be assumed for maintenance by the City after
annexation.
R. C. Skinner stated that the matter of school responsibility should not be made
a part of the annexation to the City as the school districts under State law,
do not automatically annex,to the city school district when annexed to a city.
He stated that he has spent over sixty (60) days trying to get these school
districts together so as to have one district assume the ed�.r ;ation of the
children in the area to be annexed. He stated that if the .=_:aeration hinged
on this problem then he had better withdraw his request for annexation.
W. M. Houser, City Attorney, explained to the City Council the legal steps
involved under both the new and old annexation laws.
Councilman Miller stated he agreed with Mr. Skinner that he should be allowed
to continue his development as he has invested great sums of money in sewer
and water development and still has capacity which this annexation could use.
On motion of Councilman Miller, seconded by Councilman Graves, the City is:to
proceed with the annexation of the entire Peterson property and that the City
will accept maintenance of Los Osos Road adjacent to the City limits subject
to a covenant being filed by Mr. Skinner that no water would be served over
240' elevation and that Mr. Skinner maintain existing drainage structure on
Los Osos Road until replaced.
Mayor Davidson congratulated Mr. Skinner on his past development and
cooperation with the City, but that he is sure that Mr. Skinner also would
agree that future residents of this area are entitled to know what school
district will educate their children.
Mayor Davidson also stated that he had been informed that if Mr. inner
diverted Perfumo Creek, that the adjacent property owners will. sue to stop
the diver-.'on.
Mr. Sk nrev st %ad that he is aware of the education problem aa.d r*omised gnat
he will o,3 al'_ he can to solve this problem for his future purchasers. As far
as the &.version of the creek was concerned, he would assums the responsibility
of the Z:�:r,TSior, and negotiations with adjacent property OTW rs.
The City Cou= i'_ discussed with Mr. Skinner various aspects of tea. pycpo:td
annexation of °.ate entire 330' acres of the Peterson property.
Motion carriz.e •,n the following roll call vote:
AYES: R. L. Graves, Jr., Miss Margaret McNeil,
Donald 0. Miller, Clell W. Whelchei
NOES: ^,,lay P. Davidson
ABSENT: None
City Council
Page -5-
October 28,
Minutes
1963
The annexation proceedings were referred to the City Attorney to check legal
problems and reschedule the annexation hearings.
18. -D. F. Romero, City Engineer, explained that a number of problems had arisen
in negotiating the Gaustad widening on Johnson E.venue, therefore he suggested
that a Council committee be appointed to set guide lines for this and other
' widenings.
On motion of Councilman Miller, seconded by Councilman Graves, that the Mayor
appoint a committee to set guide lines for solving the Gaustad widening matter.
Notion carried.
Mayor Davidson appointed Councilmen Whelchel and Graves, with Councilman
Whelchel to be chairman.
6. At this time the City Council considered the approval of a covenant from the
Standard Oil Company on premises located at 195 Higuera Street guaranteeing
removal of the sign upon notice by the City of its intent to widen Higuera
Street.
On motion of'Conncilman Graves, seconded by Councilman Miller, the Mayor was
authorized to accept and record the covenant. Motion carried.
15. The City Council received the Bus Committee report at this time.
The Bus Committee submitted a detailed report stating it was in accord with
the findings of the consultant that a municipal bus operation would have to
be subsidized, but concluding with the following conclusion:
"Th.s committee respectfully submits, then that if the San Luis Obispo City
Council desires to proceed with the matter of bus service in this City that:
1. Use the Citizens Public Opinion Poll
2. If the Council determines to inaugurate a bus service, it follow the
plans outlined by Mr. Farrell, beginning on Page 32 of the FEASIBILITY
REPORT, PUBLIC TRANSPORTATION."
On motion of Mayor Davidson, seconded by Councilman Miller, that the City Councii
proceed with taking the public opinion poll as recommended by the Bus Committee.
Motion carried.
11. 63 -10 -2T Traffic Committee Report of October 9, 1963.
"We have received a communication from the Division of Highways following up
on a previous request of the Traffic Committee that they study the ;Jossibility
of constructing a center island with left turn chanuelization at Murray Street
on Santa ?osa. The Division of Highways is making this study but. _hey feel
that in arch event, parking should be restricted on the east side of Santa Rosa
south of Murray extending to the bridge and on the west side of Sari a Rosa
extendiric, in a northerly direction from Murray for approximatE3;• ti Same
distan ^.e, Tb =c feel that these red zones are needed to improve visibility at
the Murray Street intersection and also suggest that the City look into having
shrubbery near the sidewalk at 102 and 104 Santa Rosa trimmed dow—, if rte
Council it ;s r•:� objection to the Engineer pursuing this matter, hC :•411 do so and
it is recommended that the Council pass a resolution authorizing, the :ed zones
' requested by the Division of Highways, subject to their formal approv,11."
Francis McNamara appeared before the Council objecting to the painting of a
red zone, re3tricting parking in front of his properties at 1P2 and 104 Santa
Rosa Street requested that this matter be restudied by the Traffic
Committee he has trimmed his hedges.
On motion ji :n mcilman Graves, seconded by Councilman Miller the matter was
re- referreu to the Traffic Committee. Notion carried.
7. Communication from the Parks and Recreation Commission requesting chat the
City Council allocate any monies received from leases or royalties from the
Lopez Canyon area be given to the Parks and Recreation Commission for develop -
ment of future parks for the City.
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City Council Minutes
October 28, 1963
Page -6-
M yor Davidson suggested that this request be granted but that a top limit be
placed on the amount to be used for park development.
On motion of Councilman Miller, seconded by Councilman Graves, the request was
approved and all money received for the time being at least, will go to the
Parks and Recreation Commission for park development. Motion carried.
8. Communication from Herbert D. O'Neal, 144 Bressi Place, protesting a charge
made for water at his home, and appealing to the City Council to make some
adjustment, as he was sure that he never used the amount of water for which
he was billed.
On motion of Councilman Graves, seconded by Councilman Miller, the appeal was
denied. tfter considerable discussion, motion was carried.
9. Communication from Mr. and Mrs. James E. Henderson, 611 Mitchell Drive,
requesting that the City Council make an adjustment in their water bill due to
the fact that the City water department refused to shut off the water when
the water line was broken on the property owner's side of the meter, and
caused a waste of water for which they have been billed.
On motion of Councilman Graves, seconded by Councilman Miller, that this matter
be referred to Water Superintendent Thompson and if an invest-igation shows that
the Henderson' are correct, then grant an adjustment and P_ccept normal bill,
with report to City Council on action taken. Motion carried.
10. Communication from Ray C. Skinner requesting acceptance by the City Council
of the improvements in Tract No. 278.
D. F. Romero, City Engineer, recommended acceptance of the off site improvements
for maintenance by the City, subject to the filing of a bond guaranteeing
installation of sidewalks on the westerly side of Balboa Street.
On motion of Councilman Miller, seconded by Councilman Graves, the following
resolution was introduced. Resolution No. 1200, a resolution accepting
improvements in Tract No. 278.
Passed and adopted on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald n. Miller, Clell W. W?heichel
NOES: None
ABSZNT: None
12. At this time the City Council discussed the possibility of closing Crandall
Ha_near Cal Poly at the City limits.
Councilman Gra•ies suggested that, with the improvement of Foothill Boulevard,
the Citr should now request Cal Poly to close the entrance at Crandall Way.
Mayor Davidson_ suggested that, in all fairness to property owners on Crandall
Way, that the ^ouncil should hold a public hearing to hear the prnnerty
owners' opinion on this proposal.
The hearing is to be held on November 18, 1963.
R. D. Millet, Administrative Officer, stated that he had been informed that
Cal Poly was f.hinking about placing two stop signs at Foothill and California
Boulevards ::topping California Boulevard traffic and Mr. Miller stated that
he suggestec that Cal Poly clear with the Council before taking awy action.
Mayor Davi4sor. said such an installation might be alright as a temporary
improvement but suggested that Cal Poly representatives should be asked to meet
with City representatives to discuss the complete signalization of this
intersection. It was agreed that, when Cal Poly contacted us, we would so
advise.
City Council Minutes
October 28, 1963
Page -7-
13. Communication from the Division of Highways regarding Section 2156 of the
Streets and Highways Code regarding study of street and road deficiencie� v and
announcing informal meetings to discuss preparation of said report.
On motion of Councilman Miller, seconded by Mayor Davidson, the matter wAs
_ referred to the City Engineer.
' 14. Communication from Henry Case, Division of Highways, regarding a traffic
survey at the junction of Madonna Road and the westerly freeway ramps, was
ordered received and filed.
16. Proposal from Milton E. Willeford, C. P. L., for auditing services for the
fiscal year July 1, 1563 to June 30, 1964, for the City of San Luis Obispo.
On motion of Councilman. Miller, seconded by Councilwoman McNeil, that the
proposal be accepted and referred to the City Pttorney for preparation of
contract. Motion carried.
17. Communication from Jack Carrington, City employee, notifying the Council that
he has received notice of induction into the U. S. Armed Forces and requesting
a two (2) year military leave of absence beginning October 22, 1963.
On motion of Councilman Grave seconded by rruncilman Miller__ the request
was approved.
19. Communication from F. W. Schwartz. rivisioa of Highways, fcr•7arding announce-
ments, bulletins and signature sheets for a Thursday evening, November 14,
1963 farewell. dinner to be held in nonor of ". R. Foley, District Engineer,
who is being transferred to San Francisci, was ordered circulated for
reservations by City officials and employees.
1 20. Monthly progress report from the Chamber of Commerce for the month of September,
1963, was ordered received and filed.
21. Communication from the Board of Supervisors regarding the letter to be sent
to State Water Rights Board inviting an open public hearir_Z in San Luis Obispo
for discussion of water rights on the Salinas Reservoir, was ordered received
and filed.
24. Communication from Father Joseph P. Stieger requesting that the City relinquish
and /or abandon all interest in the paper street !mown as Krebs Street.
On motion of Mayor Davidson, seconded by Councilman Graves, the request was
referred to the Planning Commission. Motion carried.
25. Communication from Clifton L_Edman dba Economy Drug Store, requesting that the
City Council relocate the ta:ci stand recently located in front of his place
of business on Higuera Street.
On motion.of Councilman Miller, seconded by Councilwoman McNcil, the matter
was referred to the Taxi Committee for investigation and their reccmmendation.
26. Councilman Graves announced that the National 'ssociation of Manufacturer .-'
Conference wi?.1 be held in New Fork on the 4th and 5th of December; 1963, and
that a member of the Council has been invited to attend, in order to let_ the
N. A. :4. know of the advantages of considering San Luis Obispo for future
plant expansion. He suggested that the Mayor be authorized to attend.
On motion of Councilman Graves, seconded by Councilman Miller. the Yayor was
authorized to represent the City at this conference. Notior_ carried.
27. Communication from Fred J. Early, Jr., Co, Inc. informing the City Council that
it has become necessary to change the names of two of their approved sub-
contractor., PA requesting approval of said change. They are: from
Terrazzite F:pplicators Company to Pitton Terrazzo, Inc. and from C. & H
Contractors to Valley Tractor Company.
On motion of Councilman Graves, seconded by Mayor Davidson.. the approval was
granted.
City Council Minutes
October 28, 1963
Page -8-
29. Word had been received that trustees office had found some obiections to the
proposed contract for sharing of costs on water treatment plant and that
attorneys would be contacting Mr. Houser. R. D. Miller, Administrative Officer.
said he would continue to push the matter as City will have advanced more than
$200,000 in payments as of November 4, 1963.
30. On motion of Councilman Miller, seconded by Councilman Graves, the following
' resolution was introduced. Resolution No. 1198, a resolution supporting
HR -5845 and urging the passage thereof, which would allow commercial banks
to bid on revenue bonds.
Passed and adopted on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald 0. Miller, Clell W. T•Ihelchel
NOES: None
ABSENT: None
31. Recommendation from the Planning Commission that portions of Third and Monarch
Streets be abandoned.
On motion of Councilman %elchel, seconded by Councilman Miller, the following
resolution was introduced. Resolution No. 1197, a resolution of intention to
abandon portions of Third and l,�)narch Streets.
Passed and adopted on the following boll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald :n. Miller. C' -ail G7. 43helchel
NOES: None
ABSENT: None
1 32. Communication from Lila D. Schwarzbach appealing a decision of the Planning
Co=*ssion in denying her a variance to allow an additional three guests in
an R -1 zone.
The appeal was set for public hearing on November 18, 1963.
33. Communication from Raymond T. Hesse appealing a decision of the Planning
Commission in denying his request for a variance to accommodate four (4)
Cal Poly students in an R -1 zone.
The appeal was set for public hearing on November id, 1963.
34. David F. Romero, City Ens ineer,brought to the Council's attention the request
of Clell W. 1:'helchel for a variance to allow a driveway ramp across the entire
street frontages of his warehouse on Upham Street and High Street.
Councilmar_ Nhelchel explainei the reason for requesting full driveway in front
of his warehouse as it was needed to make complete use of his warehouse and
loading docks z.nd to service his vehicles.
On motion of Councilman Graves, seconded by Councilman Miller, a variance in
percentage of ramp was grarted as long as standard specifications were enforced
as far as materials and methods were concerned.
' Councilman lsaelchel declared his interest in this matter and would abstain from
voting.
Motion carried on the following roll call vote:
WE Clay P. Davidson, R. L. Graves, Jr:
Miss Margaret McNeil, Donald Q. Miller
NOES : ?done
ABSTAI -•.: Clell 1•I. Whelchel
On motion of Councilman Graves, seconded by Councilman Miller, the meeting
adjourned to Wednesday, October 30, 1963 at 7:30 P. M. Motion carried.
Approved: November 18, 1963 29
,e0.H. FITf ATRICK, CITY CLERK