HomeMy WebLinkAbout06/01/1964C
F�l
1
REGULAR MEETING OF CITY COUNCIL
June 1, 1964 - 7:30 P. M.
CITY 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, C1ell W. ?ihelchel
City Staff
Present: P. Chapman, Director of Planning & Building; J. H. Fitzpatrick,
City Clerk; U. M. Houser, City Attorney; R. D. Miller,
Administrative Officer; D. ":2. Romero, City Engineer.; W. Schofield,
Police Chief; L. Schlobohm, Fire Chief; E. P. Thompson, Water
Superintendent.
On motion of Councilman hiller, seconded by Councilwoman McNeil, the following
minutes were approved as.read or corrected:
May 11, 1964 Were corrected as follows: Page 5, Item 9, first and second paragraph,
should read as follows:
"Mayor Davidson presented the matter of the claim of tile Trustees of the Ex. Z.
Sinsheimer Family Memorial Fund for the uncashed salary warrants of Louis Unsheimer.
He stated that he had met with Tim O'Reilly and ifw. Sinsheimer and that they had
questions that he could not answer for the Council. The Mayor stated that the
Trustees wanted to :snow if the Council would waive the statute of limitations and
make payment to the trust and also would the Council agree to a friendly suit to
allow the payment of these warrants. Fe also stated twat if the City approved the
payment, the money could be se?d in trust until any and all threatened suits had been
satisfactorily settled in order to protect the Council and City officials from
liability, and also that the Council not take any action until the Council had met
with the Trustees. Further, 'ie wished the Council to seep in mind the fact that the
money would be used for wortacrhile projects."
The minutes of May 101, 1964 were approved as read.
The minutes of May 22, 1964 were approved as read.
The minutes of May 25, 1964 were approved as corrected. They were corected as
follows: Page 4 - Following amendment action on Section 00500.7B1 & 2.
"It was moved by Councilman Miller that tae ordinance as amended be passed to print
and that a public hearing be held on June 15, 1964 on the final passage. Motion
died for the lack of a second.'
On motion of Councilman Fhelchel, seconded by Councilman Graves, the claims against
the City for the month of June, 1964 were approved, subject to the approval of
:he Administrative Officer.
1. J. H. Fitzpatrick, City Clerk, read a commun:cation received from the Division
of Highways informing the City that they had completed studies for a possible
alternate location for State Sign Route 1 from U. S. 101 westerly through the
Los Osos Valley and stated that they wished to present the results of these
studies to the City Council and the City's staff prior to holding a public
hearing on this matter. Said presentation was set up for this meeting of
June 1, 1964.
Mr. Datel, District Engineer, District No. V, presented the results of the
State Highway studies for realignment of rdghway No. 1 from.Pennington Creek
to 101 Freeway. Mr. Datel preceeded his presentation with a statement of the
responsibility of the various agencies dealing with highways, highway routing
and construction.
City Council Ptinutes
June 1, 1964
Page -2-
Mr. Datel explained that the adoption of specific routes for highways is the
responsibility of the California Highway Commission, and that the local govern-
ment, either City or County, can veto the actual construction of a route by
not signing the freeway agreement.
W. Datel continued that this presentation this evening was one of the first
steps in the selection of a highway route to the City. After this presentation,
the Division of Highways then holds a public I:earing at which time all
individuals and groups are given an opportunity to make their feelings 'known
so that a recommendation may be made to the California Highway Commission for
route adoption. after this hearing, the City Council or Count-I= Board of
Supervisors may mace a recommendation to the Commission as to route adoption.
Also, the Council or Board of Supervisors can request an additional hearing
to be held by the California Highway Commission which would attempt to find a
proper route for 'ighway No. 1.
Mr. Ralph Leionhud, Assistant District En .-ineer for Planning, presented to the
Council some of the engineering criteria used by the Division of Highways in
arriving at the three o *;inal routes proposed for realignment of State
Highway Sign Route #1. He also presented studies made of the proposed Los Osos
routing and presented cost estimates of all routes studied and benefits of each
route proposed.
Mr. Henry Case, District V Traffic Engineer, appeared before the Council and
presented the traffic studies made by the Division with origin and destination
studies and traffic desire -line maps. &. Case then presented traffic flow
maps for each proposed route: Broad Street, California Boulevard, Santa Rosa
Street, and Los Osos Valley, showing the traffic situation on each route with
the improvement of each proposal.
He also presented chart bars showing the condition of active traffic flow by
1985 on each of the alternate proposals. He explained that if the Los Osos
1 Valley route is adopted; Santa Rosa Street- would have to be improved to at
least six (6) traffic lanes, with no parking, limited access and a sophisticated
signal system in order to handle future traffic flows.
The City Council and City Staff discussed with the State staff various points
brought out in the presentation by the Division of Highways.
5. tt this time the City Council held a public hearing on the report of the
Superintendent of Streets on the cost of installing sidewalk, curb and gutter
on the following properties:
Mayor Davidson declared the public hearing open.
E. Dana, et al 1503 Ocos Street $150.00
Collice H. Portnoff 427 Higuera Street $696.00
The following persons desire to pay on the three (3) year option program:
Blanche T. McNamara 1533 Ocos St. $250.00
E. 11. Rodrigues 1352 Palm Sc. $120.00
S. C. & I. Harris 1716 Osos St. $430.00
Mayor Davidson declared the public hearin- closed.
i
On motion of Councilman Graves, seconded by Councilman Miller, the following
resolution was introduced. Resolution No. 1297, a resolution confirming costs
of sidewalks constructed pursuant to the I�baicipal Code.
Passed and adopted on the following roll call vote:
!YES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret WeNeil,
Donald q. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
City Council Minutes
June 1, 1964
Page -3-
2. J. H. Fitzpatrick, City Clerk, reported on the following bids received for
Street Reconstruction Program, Phase "M ", Part 5.
Valley Paving $11,67.55
Madonna Construction Co. 11,749.90
M. J. Hermreck, Inc. 11,752.25
Ted Watkins Construction Co. 12,70.50
A. J. Diani Construction Co. 13,176.00
Guido 0. Ferini 13,319.75
C & S Construction 13,413.75
D. F. Romero, City Engineer, recommended the lot; bid of Valley Paving Company
be accepted.
On motion of Councilman Graves, seconded by Councilman Whelchel, the low bid
of Valley Paving Company was accepted. Motion ca.vried.
Councilman Graves congratulated the Public ':forks Department on the quality
of their plans and specifications.
3. On motion of Councilman Unelchel, seconded by Councilman Graves, the following
contract payments were approved:
ARNOLD F.. VOLNY
Ci:y Hall Remodeling Est. ;r2 $4,425.43
FRED J. EARLY, JR., CO. INC.
Water Treatment Plant Est. #9 52,325.67
W. M. LYLES
Johnson -Flora St. Uaterline Impv. Est. ;r3 12,179.53
VALLEY PAVING
Pismo Street Reconsruction Est. °,''l 2,160.10
A-1 ELECTRIC CO.
Traffic Signals Est. :!r3 5,753.00
Est. #4 (:Final) 2,396.88
(Change Order #1 plus $237.62)
4. On motion of Councilman Miller, seconded by Councilwoman McNeil, the following
resolution was introduced. Resolution No. 1295, a resolution increasing the
1953 -64 budget. (rccount No. 726, ?a::er - Power Purchase, be increased by
$461.67, and Account No. 222, dater - Vouchers Payable, be decreased by
$461.67)
Passed and adopted on the following roil call vote:
EYES: Clay P. Davidson, 't. L. Grave,, Jr., Miss Margaret McNeil,
Donald Miller, Clell td. rtelcbel
NOES: None
ABSENT: None
9. The following communication was .received from the Planning Commission:
"Resolution No. 64 -64 of the Planning Commission recommends that the City
abandon Venable Street from Chorro Street westerly to the creek, but retain
a 30 foot wide easement along the center portion to allow public access to
the creek."
J. Dan O'Donnell appeared before the City Council on behalf of the property
owner urging that the Planning Commission recommendation be adopted.
On motion of Councilman Graves, seconded by Councilman Miller, the following
resolution was introduced. Resolution No. 1295, a resolution of intention
to abandon a portion of Venable Street.
City Council Minutes
June 1, 1964
Page -4-
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
PBSENT: None
15. Communication from Ray C. Skinner Corporation requesting Council permission
not to plant trees on unoccupied lots on Tract No. 279, but that they will be
placed as the lots are built on.
On motion of Councilman Graves, seconded by Councilman Miller, the request
was granted subject to the filing of a letter of credit or bond guaranteeing
the placement of the trees. Motion carried.
16. The following communication was received from Ra;. C. Skinner requesting
exception to City standards for storm drainage channel improvement.
"The plans prepared by Jennings - Hansen Engineering dated April F, 1964 were
returned by you with comments and suggestions. You advised in a conference
that we should request formal relief from the design criteria adopted by the
City Council on January 6, 1964 for such items that we did not feel should
be applied to this project and state the reasons for our beliefs.
Our objectives in this diversion ditch project include the following:
® 1. To alleviate a flood situation that existed prior to the beginning of
any construction by our organization in this area. The major portion
of the flood control work was completed two years ago by dredging the
lake and making the temporary diversion of the creek into the lake. This
diversion will complete the project.
2. To make the diversion channel as attractive as possible by wide sloped
banks attractively, planted and to use this area for a major portion of
our golf course. Intelligent planning can matte this area au'attractive
and interesting part of our community rather than a functional but un-
attractive concrete lined ditch.
The design submitted, with some modifications and improvements, meet both
objectives. We are not requesting relief from any requirement of good engineer-
ing practice. Our request is simply a matter of desiring to construct this
ditch in the mos= attractive manner. tale therefore respectfully re_iue3t the
following:
1. That the requirement for &unite or concrete lining of the bottom be
waived and our design of stabilizers, wider ditch, and reduced velocity
be accepted as compliance with good engineering practice.
2. That the requirement for a chain link fence be waived as the ditch will
become an integral part of the golf course and the chain link fence would
serve no functional purpose and would detract from the appearance.
3. That the requirement for a redrock -oiled service road adjacent to the
ditch be modified to allow the flexibility of providing a service road
to be designed to compliment the golf course layout and provide acceptable
access to the City of San Luis Obispo.
The plans with your comments and suggestions and corrected plans incorporating
the items not included in this request are being forwarded by Jennings- Hansen.
We respectfully request permission to proceed with the non - controversial items
at this time pending formal action by the City Council on this request."
D. F. Romero, City Engineer, presented sketches and explained the adopted policy
of the City Council as to the method of improving drainage ditches and channels
in the City.
City Council Minutes
June 1, 1964
Page -5-
Ray C. Skinner presented a sketch showing his plan for the layout of his
proposed golf course and the desirability of not requiring the installation of
the chain link fence, concrete bottom to ditch, as he needs this area in the
overall plan for his development.
Mr. Skinner asked that the Council relent on their adopted policy and allow
him to widen the drainage ditch and use it es part of the golf course. °e
also asked that the Council release him from the requirement of placing
concrete in the bottom of the ditch and also not require him to ?lace the
chain link fence alon* the top of the ditch or construct the access road as
required by Council policy.
On motion of Councilman ?-'helclhel, seconded by Councilman Graves, that ::his
matter be referred to the Planning Commission for heir recommendations.
Motion carried, Councilman Miller voting no.
11. The following communication was received from Mrs. Emmons, Blue Bell Motel,
requesting that the City furnish her new cost based on actual cost, for tying
on to sewer on Lower Higuera Street:
...UP would like to have quotations on the exact cos:: of getting hooked up onto
the sewer trunk on lower Higuera.
Fs of now, it is being based on the original e= timate. Since it is already
installed, and the cost is !mown, it should be declared.
We want to hook up immedi -tely, and pray for your early action on this matter.
'•Ie understand that the Council has to act before !Cr. Romero can quote from a
-revised quotation."
D. P. Romero, City ?neinee-r, explained tae problems as follows:
The City Council had previously instructed him to set up a connection rate
based on the orig=inal estimate. 6c'ith actual bids on hand for most of the work,
there is some likelihood :hat a closer figure can be computed. Mr. Romero re-
juested a determination as to whether the ;::i.ould use the preliminary figures, or
figures reflecting the actual bids received for wo_.t conducted thus far on the
project.
On motion of Councilman t:'hel.chel, seconded by Councilmaa Graves, the City
Engineer was instructed to use the figure available today to inform property
owners of hookup costs. Motion carried.
Mrs. Emmons as'.ced if she could hook her property up to the sewer now and then
pay for it when and if a sewer assessment district is ever formed.
City Attorney Houser explained the manner under which Mrs. Emmons could hook up
to the sewer now without any payment.until an assessment district is formed, if
ever.
On motion of Councilman Graves, seconded by Councilman �Jhelchel, that the City
Engineer and City Lttorney prepare a recommendation for the City Council on most
favorable approach for both Mrs. Emmons and the City as soon as possible.
Motion carried.
19. The following letter was received from Ace Rome Supply requesting clarification
of acreage charges for water service as they believe it is not applicable in the
case of the Olive Tree Inn construction on Olive Street.
"In making an application for water meters for the Olive Tree Inn, the water
department has charged an acreage charge and a front foot charge which I feel,
according to the Municipal Code, is not applicable.
This whole piece of property was serviced with a one and one half inch meter
approximately two years ago, before the adoption of your extra service charge.
City Council Minutes
June 1, 1964
Page -6-
In as much as this land is not sub- divided and has an existing water service
on it, I feel the charge for additional maters should be the only charge. This
acreage charge was never figured into the original construction cost of the
project for this reason.
I would like an answer as soon as possible, we are ready for water service as
soon as possible."
E. P. .Thomason, TT-.ter 3uperin -i:endent, presented a sketch map showing the area
presently being served with water and then the area that is not now being
served, but that will need service and would come under the provisions of the
acreage and front foot charge provisions of the City ordinance.
Mr. De Jong appeared before the Council on behalf of his appeal for relief
from the acreage charge end front foot charge for water service.
City attorney Houser explained the provisions of the ordinance recuiring the
acreage charge and front foot charge for water service.
On motion of Councilman 'Kller, seconded by Councilman GThelchel, that the
request be denied. Motion carried.
14. D. F. Romero, City engineer, presented plans and specifications for the Broad
Street and Murray Street drainage improvement.
Mr. Romero explained that the plans and specifications call for installation
of two 72 inch reinforced concrete pipe in addition to the existing concrete
box and would provide drainage capacity for a 50 year storm considering
ultimate development upstream. He pointed out thZt a substantial portion of
the cosy: for the project will be attributable :o betterment of the water and
sewer systems and should be refunded from these accounts. The work could be
completed prior to winter wins if author--,'zed within the next 30 days, however,
any delay beyond this time might result in construction hazards in the fall.
He also explained that gas tax funds might be used to pay between 50 and 100
per cent of the drainage costs, depending upon the determination of the
Division of Tii&yays.
Mayor Davidson suggested that the Council deer action until a later date as
he believed that the funds are needed for o:her more needed improvements
such as sidewalks on Johnson Avenue to put the sc::ool children on sidewalks
and off the street.
Councilman Miller stated that this project has been delayed for many years
and is needed as it is extremely dangerous in the event of heavy rain or
storm conditions, not only a hazard to life but also a hazard to property.
On motion of Councilman Graves, seconded by Councilman Whelchel, that Council
study be held over and a decision be made on June 15, 1964. notion carried.
R. On motion of Councilman Graves, seconded by Councilwoman McNeil, June 15, 1964
at 8 :30 P. X. was sel' as a public hearing on the proposed 1964/65 City Budget.
Motion carried.
20 On motion of Councilman Miller, seconded by Councilwoman McNeil, the following
resolution was introduced. Resolution A7o. 1296, a resolution increasing the
1963 -64 budget. (Account No. 774, Grater - i %Kscellaneous Customer Account
Expense, be increased by $1,070.98, and i.ccount No. 222, Water - Vouchers
Payable, be decreased by $1,070.98)
Passed and adopted on the following roll call vote:
EYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald Miller, Clell W. Wheichel
NOES: None
ABSENT: None
City Council Minutes
June 1, 1964
Page -7-
6. Ft this time the City Council continued their study of Ordinance No. 2E5,
an ordinance amending Chapter 5, Article VIIII of the San Luis Obispo
Manicipal Code, regulating signs and billboards.
Charles Freeman, representing the Sign Industry, stated that in Cection
5600.3 D, twelve (12) square feet is not acceptable to the sign industry end
business community, but they could possibly accept twenty four (24) square
feet for each floor level. Also, that C600.3 I, prohibition of signs which
flash, move or simulate movement is no_ acceptable to the sign industry and
business community.
Councilman Graves stated that this matter has been referred to a committee
who is presently working up conditions for flashing, rotating signs, etc.
Mr. Freeman stated that in Section 3600.6 C 0 there is no provisions for
allowing permanent 'Lettering on awnings or marquee valances. He uelieved that
some provision should be made to allow lettering on the front and end of a
mar.iuee and on valances of awnings.
Ken Schwartz, Planning Commission Chairman, explained to the Council the
reason the Planning Commission did not recommend permission to allow signs
on awnings and marquees was due to the or°ginal theme of the ordinance
prohibiting overhanging signs, but based on Council action to date, then
some signing should be allowed on awnings and marquees.
Page 3, 2a, should be lined out.
On motion of Councilman Miller, seconded by Councilman Graves, Section 2600.3D
was amended as follows: Follow less than eight (u) feet above the adjacent
' ground or sidewalk. Lettering identifying an establishment may be allowed
on :he face or sideE of a projecting arming or marquee providing the overall
heights of text does not exceed eight (2) inches and the projection of the
text is not over one (1) inch from the face of the awning or marquee.
Motion carried.
On motion of Councilman Miller, seconded by Councilman Graves, that the
ordinance be passed to print with the amendments proposed.
Charles Albaugh, C-ity Neon, stated that the ordinance as presently construed,
is not acceptable to the Sign Industry or the business community and should
not the Council consider the public's desires when adopting such ordinances.
Councilman Graves answered that he recognizes that the ordinance was not
acceptable to everyone, but that under the democratic process, the majority
of the Council elected by the people attempt to interpret the wishes of the
majority of the citizens and the group who does not agree with the Council
have other legal steps that they can take to halt the ordinance if they so
desire.
Ordinance No. 285 passed to print on the following roll call vote:
AYES: Miss Margaret McNeil, R. L. Graves; Jr., Donald Q. Miller
NOES: Clay P. Davidson, Clell W. T ?helchel
tBSENT: None
On motion of Mayor Davidson, seconded by Councilman Miller, the meeting
adjourned at 11:05 P. M. to Wednesday, June 3, 1964 at 7:30 P. M. Lotion
carried.
Approved: June 15, 1964 - - -
. H. F PATRICK, CITY CLERK