HomeMy WebLinkAbout10/30/19615. Councilman Graves asked the Council that all Department Heads not on the
agenda be excused from attending City Council Meetings as many of the. -
department heads attend other commission meetings and are required to be
out several times a week on City Business, and should not be required to
sit through a City Council Meeting unless some matter effecting their
department was included on the Agenda. He further suggested that if they
have a matter to report, it should be placed on the first part of the
Agenda, after which they would be excused from the meeting. e.
R. D. Miller, Administrative Officer agreed with Councilman Graves, and
stated that many cities did not have the department heads attending the
meetings, but the City Manager; or. Administrative Officer reported for
each department and if any matter was.required, it would.be prepared in
writing for the next Council Meeting by.the department concerned. After
discussion by the Council, the Mayor suggested that this could be done
by arranging the agenda for departmental reports during the first part
of the meeting between 7:30 and 8:OO P..M., and-the public hearing then
could be heard at 8:30 P. M.
On motion of Councilwoman McNeil, seconded by Councilman,Graves, the Meeting
adjourned at 11:30 P. M.
Approved this 30th day of October; 1961
y Clerk
SPECIAL CALLED MEETING
October 30,1961 - -- 7:30 P. M.
CITY HALL
Invocation was given by Mayo= Clay P. Davidson
ROLL CALL: Present - Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q.
Miller, Gerald W. Shipsey, Clay P. Davidson
Absent - None
CITY STAFF PRESENT - Planning Director Abraham, City Attorney Houser;, Admini-
strative Officer Miller, City Engineer Romero, City Clerk
Fitzpatrick
1. The City Council considered approval of.the final map of-Tract-No:•230,
Laguna Lake Homes. Mr. Romero, City Engineer explained that there were
no special provisions in the subdivision agreement. On motion of Coun-
cilman Graves, seconded by Councilman Miller, the following resolution
was introduced:
RESOLUTION NO. 862 (1961 Series) "A resolution approving the final map
of Tract No. 230."
Passed and adopted on the following roll call vote:
AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller,
Gerald W. Shipsey, Clay P. .Davidson
NOES: 'None
ABSENT: None
On motion of Councilman Graves, seconded by Councilman Shipsey, the fol-
lowing resolution was introduced:
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RESOLUTION NO. 860 (1961 Series) "A resolution increasing the 1961 -62
budget ", Skinner Inspection Fees No. 3.
Passed and adopted on the following roll call vote:
AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q.
Miller, Gerald W. Shipsey, Clay P. Davidson
NOES: None
ABSENT: None
la. The City Council considered the final map of Tract No. 231, Laguna Lake
Homes. Mr. Romero, City Engineer explained that no special provisions
were included in the agreement. Mrc Jean Abraham, City Planning Director
reported to the City Council that Ray.Skinner, Subdivider, was appealing
to the Council from the denial by the Planning Commission of the variance
on several lots in both Tract 230, and 231, and was requesting a rear lot
variance as the houses are just too large for the lots.. Mr. Abraham
further stated that while that while this requested variance appeal did
not affect the acceptance of the final map, he wished to bring it to
the Council's attention so that the Council would be aware of the pro -
lem.
Mr. Romero, City Engineer stated that this matter of variance did not
affect the final map and should not be considered at this time, but when
the appeal was made by the subdivider. Mr. Romero also reminded the City
Council that similar variances had also been granted other subdividers in
the past. Mr. Romero recommended acceptance of the final map of Tract
No."231.
On motion of'Councilman•Graves, seconded by Councilman Miller, the following
resolution was introduced:
RESOLUTION NO. 863 (1961 Series) "A resolution approving the final map of
Tract No'. 231."
Passed and adopted on the following roll call vote:
AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller
Gerald W. Shipsey, Clay P. Davidson
NOES: None
ABSENT: None
On motion of Councilman Graves, seconded by Councilman Shipsey, the
following resolution was introduced:
RESOLUTION NO. 861 (1961 Series) "A Resolution increasing the 1961 -62
Budget ", establishing account No. 211.14, Skinner Inspection Fees No. 4.
Passed and adopted on the following roll call vote:
AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller,
Gerald W. Shipsey, Clay P. Davidson
NOES: None
ABSENT: None
2. Minutes of October 16, Page 6, Item 11, corrected as follows:
"Mayor Davidson presented to the City Council negotiations
which are under way with the Grading and Contractors Association
to supply at least 12 pieces of earth - moving equipment and men
for two full days work, and to move at least 10,000 cubic yards
of earth under direction of the City Engineer, in accordance with
the Laguna Lake Master Plan. City to pay the Association $2,000.00
for the work.
Mayor Davidson also explained negotiations going on with repre-
sentatives of the Operating Engineers Union whose men will operate
the equipment. The City and Union Representatives will be meeting
on the 17th of October to see if the Union will donate the labor
to operate the equipment to further develop Laguna Lake.
The City Council discussed the proposal as presented by the Mayor re-
garding the Grading and Contractors Association and Operating Engineers
Union.
On motion of Councilman Miller, seconded by Councilwoman McNeil, the
City was authorized to contract with the -above groups with an expendi-
ture up to $2,000.00. .Motion carried. ".
Item 12, Traffic Committee Report No. 61- 10 -2T, following action was
rescinded on motion of Councilman Graves, seconded by Councilwoman
McNeil, motion.carried.
Rescinded
Recommendation approved on motion of Councilman Miller, seconded by
Councilman Graves, but the obstruction to visibility be corrected at
corners only."
Also rescinded 61- 10 -4T. Paragraph (a)
The four (4) green spaces on the south side of Marsh, west of Morro
be replaced with four (4) parking meter spaces;
On motion of Councilman Miller, seconded by Councilwoman McNeil, the'
minutes of the Council Meetings of October 3, 4, 10, 16, and 18, 1961,
were approved as amended.
3. At this time, Mr. Houser, City Attorney explained to the City Council
the request of the League of California Cities for all Cities to amend
their sales and use tax ordinance under the uniform sales and use tax
law, to conform with legislation passed during the last State Legis-
lative Session. Mr. Houser explained that the changes were primarily
administrative changes to make the collection of the sales and use
tax more equitable to the taxpayer and the governmental agencies con-
cerned.
On motion of Councilman Shipsey, seconded by Councilman Miller, the
following ordinance was passed to print on the following roll call
vote:
ORDINANCE NO. 206 (1961 Series)'hn ordinance to amend portions of
Article 6, Chapter 4, of the San Luis Obispo Municipal Code relating
to sales and use tax."
AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q.
Miller, Gerald W. Shipsey, Clay P. Davidson
NOES: None
ABSENT: None
3a. On motion of Councilman Miller, seconded by Councilman Shipsey, fol-
lowing resolution was passed and adopted:
RESOLUTION NO. 859 (1961 Series) "A resolution increasing the 1961 -62
Budget by increasing Park Budget Account No. 252.6 by $2,000.00.
Passed on following roll call.vote:
AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q.
Miller, Gerald W. Shipsey, Clay P. Davidson
NOES: None
ABSENT: None
4. At this time the City Council considered establishing certain policies
to implement the recently passed Building Setback Ordinance.
The Mayor suggested in order to keep the various issues separate, the
City Council should discuss:
1. A policy for normal residential lots.
2. Small subdivisions.
3. Large or commercial type subdivisions.
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If the owner will dedicate the necessary right -of -way for the street
widening, the City will give the owner credit for the value of the pro-
perty dedicated, not to exceed.the cost of installation of curb, gutter,
sidewalk and normal grading. At this point the City Council discussed
what was normal grading. After some discussion normal grading was defined
as follows:
Normal grading that might be involved at the previous curb line
on a standard installation.
Mr. Romero, City Engineer asked the Council's guidance on how to proceed
if a property already had curb, gutter and sidewalk on the old City line.
Would the City replace curb, gutter and sidewalk at the City's expense
for the dedication of the land? It was -the common consent of the Council
to continue the policy.
City Council discussed the method of compensation to the property owner
for land didicated for street widening. Councilman Graves suggested that
the matter of payment for land acquired for street widening by the City
be established and listed in policy documents. Councilman Miller suggested
that when a property owner, on a setback street having full improvements,
deeds his property for street widening, said property owner will be com-
pensated at the appraised market value and the City will relocate all
improvements when money is available.
Councilman Graves suggested that the policy adopted by the Council contain
provisions that the issuance of building permits -and connection of utilities
not be conditioned on the dedication of land for street widening purposes.
If the property owner does not wish to construct curb, gutter, and side-
walk at the new building.setback line, then the permits should be issued
but a cash deposit be made with the City to guarantee placement of improve-
ments at-a future date after negotiation with the City Council.
The City Council then discussed street widening policy in relation to the
issuance of Use Permits and variances for specific uses. Councilman Graves
suggested that the issuance of the Use Permits or variances may be con-
ditioned on increased density of the property.
Mr. Romero, City Engineer, stated that the dedication of right -of -way for
street widening in the past has been a condition of granting the Use Permit,
or variance when the Planning Commission determined that the Use Permit or
variance would increase traffic flows or population density.
Councilman Graves suggested when a Use Permit or variance is requested,
then dedication of land for street widening should be acquired when the
density exceeds 5,400 ft. per family unit, or when in the opinion of the
Planning Commission traffic flows would be increased on major streets.
Councilman Graves stated dedication of right -of -way for street widening
purposes may be required in connection with a Use Permit or variance where
the land density exceeds 5,400 sq. ft. per family unit or where, in the
opinion of the Planning Commission, traffic needs are increased as a re-
sult of the improvement.
After discussion the following proposed policy was adopted on normal
residential lots:
On single- normal.sized residential lots, if the owner will
dedicate the necessary right -of -way for the street widening,
the City will give the owner credit for the value of the property de-
dicated not to exceed the cost of installing the curb, gutter,
1 sidewalk, and normal grading that might be involved at the pre-
vious curb line on a standard installation. If the cost of these
improvements exceed the land value, then the property owner will
!°L2 tpay the City the amount of such excess costs.
The City will provide all necessary engineering and preparation
of documents and will pay for the cost of relocation of utilities,
replacement of landscaping,.and replacement of driveways. The
City will install a retaining wall whenever a 2:1 slope in a cut
or fill will create a front yard substantially less than the re-
quired setback.
The time when improvements would be installed by the City would depend
upon the funds budgeted for these purposes and the written agreement
between the City and the property owner would provide that the dedication
of the right -of -way would be subject to the conditions that the City
would install the necessary improvements when the monies are available.
At this time City Council discussed setback policy as it applied to major
subdivisions consisting of five lots or more which would be required to
dedicate the necessary land for street widening, and who would follow the
normal procedure regarding the installation of curb, gutter and sidewalks.
On residential parcels that'are large enough to_ be subdivided, if the property
owner will dedicate the necessary right-of-way for street widening, the City
will give the owner credit for the value of the property dedicated not to
exceed the cost of installing the curb, gutter, sidewalk and grading: If
the cost of these improvements exceed the land value then the property
owner will pay the City the amount of such excess costs. In either event,
the property owner will covenant with the City-that-in any subsequent sub-
division or subdivisions the owner would reimburse the City for all im-
provement costs except an amount equal to improvement of one normal re-
sidential frontage or that parcel retained by the subdivider.
Councilman Miller suggested that regardless of size of the-subdivision, the
City negotiate with all subdividers,-on the first four lots the City -would
negotiate for street widening and improvements, but with all lots above
four that'are subdivided, the subdivider will put in the improvements and
deed all the land for street widening, or.-:as the City minimum lot width
is 60 ft., then four lots times 60 ft., or 240 ft. of frontage would be
negotiated for by the City, and the City would contribute to improvements
on the 240 ft. frontage. Everything over 240 ft. frontage would be deeded
to the City and improvements placed by the subdivider. Councilman Miller
urged that special consideration be made'for small subdividers of four lots
or less.
10:05 P. M. Councilman Shipsey left the meeting.
10:05 P. M. the Mayor 'called a recess.
10:20 P. M. meeting reconvened.
Present: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald
Q. Miller, Clay P. Davidson
Absent: Gerald W. Shipsey
Mayor Davidson stated he was not in favor of the City paying for the' sub'-
divider's: property, as the owner can and will get his money back from the
sale of said lots, and he does add to traffic congestion and'agreed that
the proposal for resubdivided lots is fair if a covenant 'runs with the
land.
Upon question Mr. Houser, City Attorney explained that the covenant would
run forever with the land, or until the subdivision was completed at which
time the City Would remove the covenant that was recorded to run with the
land.
City Council discussed various suggestions made by members of the Council
regarding ways and means of acquiring property susceptible to small sub-
divisions.
R. D. Miller, Administrative Officer, stated that the present Council has
considerably liberalized the street widening program to the point where
relatively less street widening can be accomplished or if the present rate
of widening were to continue substantially greater amounts of money would
have to be provided for the program. Mr. Miller also indicated the new
policy would be substantially in excess 'of what most cities are doing.
After discussion the following proposed policy was adopted for residential
land that can be subdivided:
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