HomeMy WebLinkAbout09/30/1963SPECIAL CALLED MZETING OF CITY rOUNCIL
September 30, 1963 - 7:30 P. H.
CITY BALL
Invocation was given by Mayor Clay P. Davidson.
Roll Call
Present: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald Q. Miller, Ciell W. tiihelchel
City Staff
Present: P. Chapman, Director of Planning & Building; J. H. Fitzpatrick,
City Clerk; W. M. Rouser, City Attorney; R. D. Miller,
Administrative Officer; D. F. Romero, City Engineer;
1.1. Schofield, Police Chief; J. Wainscott, Fire Battalion
Chief.
On motion of Councilman Miller, seconded by Councilwoman McNeil, the minutes of the
meetings of September 3, 11 and 12, 1963, were approved as presented, and the minutes
of September 16, 1963, were corrected as follows:
PAGE 10, ITEM 30 Should read "held over to a later date." rather than "ordered
received and filed."
Notion carried.
1. R. D. Miller, Administrative Officer, announced the appointment of
Ann S. Venturella as Typist -Clerk in the City Clerk's Office, effective
October 1, 1963, at $312 per month.
2. The following memorandum on distribution of gas tax monies was presented to the
City Council by Administrative Officers R. D. Miller:
"At the beginning of this fiscal year, we anticipated receiving $71,810 in
gas tax allocations from the State plus $5,000 for street engineering and
planning. In accordance with State regulations, the $71,810 was budgeted as
follows:
$282724 40% for maintenance
$43,086 60% for construction in addition to carry over moneys
$71,810
This meant that we could recover $28,724 for the general fund to partially
reimburse that fund for street maintenance expenditures which this year are
estimated at $135,11;.
We have now received word that, on the basis, of a new formula (approximately
10% more old gas tax money) and a new authorization (allowing us to spend up to
60% of the old gas tax money on maintenance rather than 40 %), we could raise
our maintenance budget to recover as much as $40,926 for the general fund rather
than the $28,724 originally budgeted. I am not proposing that we go that far,
however.
1 According to current e:.timates, we will also be receiving an estimated $32,10•
in new construction money during the second half of the fiscal year. This M
be used during the next two fiscal years, and we would have to match it witk
$16,050 in general funds (presumably public improvement and betterment).
To give ourselves as much flexibility as possible and still not "go overboard ",
I would suggest that the Council adopt a policy, at least for the time being,
of dividing the old gas tax money on a 50 -50 basis between maintenance and
construction. For a normal fiscal year this would mean an increase of about
$9,000 for maintenance. At the same time, we would be increasing the amounts
available for construction purposes by about $90,000 a year including $30,000
in city matching funds.
City Council Minutes
September 30, 1963
Page -2-
"CONCLUSION
Applying all these figures to our current situation, if the Council wished to
go to the 507. basis, we would adjust our current maintenance budget for gas tax
from $28,724 to $36,000. Since there would also be more money available for
construction, I don't believe we would have to adjust our original construction
budget and could, in fact, increase the construction budget later in the year
by $32,100.
In recovering the additional $7,276 for the general fund, the Council could
re- budget this for any purpose including streets or could allow it to accumulate
as a year -end surplus."
After discussion by the City Council, it was moved by Mayor Davidson, seconded
by Councilman Whelchel, that the City Council defer action on this matter until
the use of the funds is required.
3. At this time the City Council discussed the nomination of a candidate from the
City Council to be appointed to serve on the Local Agency Formation Commission
which is a new agency in the County to pass on annexations, incorporations, and
district formations.
Mayor Davidson explained his attempts as Vice - president of the Channel Counties
Division of the League of California Cities to get a meeting of all representati-,
from the various cities in the County in order to get candidates from each City
for this important position.
W. M. Houser, City Attorney, explained for the City Council the requirements of
the Local Agency Formation Commission and the method of implementing the State
' law.
Mayor Davidson stated that the Council member that accepted this appointment woul
be required to attend meetings as this was an extremely important commission
for the County and the cities in the County.
After considerable discussion, Councilman Miller offered his name as nominee
representing the City of San Luis Obispo to the Local Agency Formation Commissior_
On motion of Councilman Whelchel, seconded by Councilman Graves, Donald Q. Miller
was nominated for appointment as a member of the Local Agency Formation Commissio..
Motion carried.
4. The following memorandum was received from the City Planning Commission recommend
ing regulations for the off - street parking:
"The Planning Commission considered a report by the off - street parking committee
dated July 9, 1963, which was referred to them by the City Council. They
discussed this report with the Planning Consultant, Mr. Wise. It was the
general feeling of the Commission and the Consultant that garages or carports she
should be required in all residential districts for the following reasons:
1. The F. H. A.,Cal Vet and many banks insist on the provision of
garages before they will approve loans for single family residences.
It is possible that omission of this requirement by the City would
encourage less desirable forms of financing and lowered..standards
of developt�.-2nt.
2. Omission of garages would make the average tract house look even
worse than it does now. The exposure of considerable more cars
and miscellaneous storage would also detract from the general
appearance of a neighborhood.
3. It has been found that garages help stabilize property values in
residential areas and reduce turnover in apartments.
The Commission recommends that the present standards be increased as follows:
R -1 Districts - Two spaces in garage or carport per home.
City Council Minutes
September 30, 1963
Page -3-
R -2 & R -3 Districts - One and a half spaces in garage or
carport plus a half open space per unit:
R -4 Districts - One space in garage or carport plus a
half open space per unit.
' The problem of off - street parking in commercial areas was discussed briefly.
As this matter will be studied in the 701 program, the Commission will report
further to the Council upon receipt of the Consultants report."
Councilman Graves stated that he disagreed with the recommendation of the Planning
Commission relative to off - street parking and stated that if the City wished to
control the aesthetics by keeping all vehicles under cover, then the City should
start by covering all municipal parking lots. He suggested that the City Council
amend the zoning ordinance to allow two (2) paved off - street parking spaces for
storage of cars off the street and not require carports or garages.
Mr. W. M. Houser, City Attorney, explained to the City Council the action that
they should take if they wished to amend the ordinance. First they should pass
a resolution of intention to amend the ordinance and then request the City
Planning Commission to hold the necessary hearings and make a recommendation to
the Council on the amendment.
Peter Chapman, Director of Planning, explained to the Council the thinking and
position of the Planning Commission regarding the requirement of garages and
carports in the City ordinance.
Mr. Chapman stated that the Planning Commission would rather allow a variance
from the carport or garage requirement in extreme cases rather than eliminating
the garage and carport requirement entirely.
1 On motion of Councilman Graves, seconded by Councilman Miller, that the City
Council pass a resolution of intention to amend the zoning ordinance to require
two (2) off-street parking spaces in the R -1, R -2 and R -3 zone for each family
unit and one and a half (12) spaces per family unit in the R -4 zone. All spaces
to be behind the building setback line and that each space have independent
access to the street.
Councilman Whelchel stated he agreed with the recommendation of the Planning
Commission as he believed that the garage or carport is necessary to the full
enjoyment to the property by the property owner.
R. C. Skinner, subdivider, stated that he believed that a garage or carport was
necessary to the proper development of a neighborhood and stated that he would
never eliminate a garage or carport in any of his developments.
The City Council and staff members discussed various alternates to the garage
or carport requirement versus the paved uncovered off - street parking spaces.
On motion of Mayor Davidson, seconded by Councilman Graves, the following
amendment to the resolution of intention was presented. That the.plannii'g&
Commission be inStructe& to require an adequate amount. of covered storage
space on each property.
Amendment carried. Councilwoman 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:
AYES: Clay P. Davidson, R. L. Graves, Jr.,
Donald Q. Miller, Miss Margaret McNeil
NOES: Clell W. T;helchel
ABSENT: None
5. The following communication was received from theSouthern Pacific Company
relative to the structures at Mill Street and Phillips Street:
"Refers to discussion with you, Mr. Miller, Mr. Romero and others at San Luis
City Council Minutes
September 30, 1963
Page -4-
Obispo on August 26, 1963, referring specifically to the problem of structures
at Mill and Phillips Street, San Luis Obispo:
This letter will serve as confirmation of our specific offer to remove Mill
Street overpass, a wooden structure, and replace with a steel and concrete
structure, the expense of this structure to be borne by Southern Pacific
Company in its entirety, with the understanding and agreement by the City of
San Luis Obispo that at such future time when Phillips Street overpass requires
substantial expenditure in money for repairs that we, the Southern Pacific
Company, will be permitted to remove Phillips Street overpass in its entirety,
such removal to be at the cost of the Southern Pacific Company.
It would be proper if an agreement is reached on this to enter into a contract
in this matter on the terms outlined. We would at that time define the term
"substantial repairs" and the monetary value affixed thereto.
We would be agreeable to meeting with you to discuss this further at your
convenience and would be pleased to hear from you regarding this.
We are prepared to proceed with the construction upon receipt of your agreeing
and our securing the necessary materials and the approval of the Public Utilities
Commission."
The Council discussed the proposal of the Southern Pacific Company as outlined
above.
On motion of Councilman Graves, seconded by Councilman Whelchel, that the City
Council request the Southern Pacific Company to take immediate action to repair
the Mill Street crossing and not tie this repair into the abandonment of the
Phillips overpass and that the City will discuss the Phillips Street bridge with
the Southern Pacific Company after the Mill Street crossing is properly maintaine2
Motion lost on the following vote:
AYES: R. L. Graves, Jr., Clell W. Whelchel
NOES: Clay P. Davidson, Miss Margaret McNeil, Donald Q. Miller
ABSENT: None
On motion of Mayor Davidson, seconded by Councilman Whelchel, that the City
Council notify the Southern Pacific Company that the entire Council would meet
with representatives of the County to discuss this proposal relative to the Mill
and Phillips bridges.
Motion carried. Councilman Graves voted no.
6. At this time the City Council considered the following communication from the
Division of Highways:
"This letter is to confirm our discussion with the Mayor, City Council and City
Staff with regard to revisions in the signs along U. S. 101.
If it meets with City approval and subject to our Headquarters approval, we will
erect a sign north of Buena Vista off -ramp indicating, "San Luis Obispo Next
8 Exits." We will erect a sign south of Prado Road indicating, "Roadside
1 Business" and we will submit for approval of the American Association of State
Highway Officials a revision in the U. S. 101 Business Route. This route wo:-..
join the freewaq'at Marsh Street on the south and at Buena Vista on the nort`e,
If the City wishes to revise the Business Route, it will be necessary to provide
this office with seven certified copies of a resolution requesting the change.
A copy of a suggested resolution is attached for your use as a guide. Upon
receipt of the seven copies, we will forward the resolution together with a map
prepared in this office through our Headquarters Office to the proper committee
of American Association of State Highway Officials.
The next meeting of this committee will be in the spring of 1964. A final date
for placing items on the agenda has not been set, but it is anticipated that
this will probably be January.
City Council Minutes
September 30, 1963
Page -5-
We will withhold any further action in these matters pending advice from the
City."
The City Council discussed the communication and agreed that it was their
intention that a sign reading, "San Luis Obispo Next 8 Exits ", be erected north
' of the Buena vista off -ramp and also erect a sign south of Madonna Road
indicating, "San Luis Obispo Next 8 kits ", and the placement of a sign south of
Prado Road indicating, "Road -Side Business."
The City Council then discussed the location of the sign reading, "Business
Route" and whether its location should be south of Madonna Road or south of
Marsh Street.
Mr. Wallams of Higuera Street, suggested that the business route sign should
be placed south of Madonna Road in order that the business along Higuera between
Madonna Road and Marsh Street might get a share of the business from the travelin,
public.
Mr. John Roza, R & L Boat Den, also asked that the sign be placed south of
Madonna Road to bring the motoring public onto Higuera Street.
The following businessmen along Higuera Street between Madonna Road and Marsh
Street requested that the City Council place the busimss route sign south of
Madonna Road in order to bring this business along lower Higuera Street.
Claude Silliman - Silliman's Meat Market
Mr. McMillan - representative of Richfield Oil Corp.
R. M. Wabbel - Richfield distributor, Cully Manufacturing
Mr. Shoemaker - representative of Standard Oil Co. of California
_ Mr. Farley - representative of Signal Oil Company
' Max Matejcek - Coast Rental
Mr. Long - Sleep- Off - The - Highway Motel
W. Al Wishton appeared before the Council stating that he believed the business
route sign should be south of Madonna Road in order to allow trucks from the 101
Freeway to get off at Madonna Road and get on South Street which has been
designated as a truck route.
On motion of Councilman Whelchel, seconded by Councilman Graves, that the Mayor
be authorized to write a letter to Mr. Foley of the Division of Highways and
request that the business route sign be placed both at the south of Madonna
Road and south of Marsh Street and that if this were not possible, then just
request the business route sign be placed south of Madonna Road. Also, accept
the recommendation for the placement of the other signs along the freeway.
Motion carried.
7. Mayor Davidson brought to the Council a request from Fred A. Smith, Chairman of
the Coordinating Council Committee that the City Council appoint a representat'.
from the Council to work with the Coordinating Council Committee studying the
problems of transients from the City of San Luis Obispo.
On motion of Mayor Davidson, seconded by Councilman Whelchel, Councilwoman.
McNeil was appointed to represent the Council on this committee.
1
S. Communication to the City Council requesting that the City enforce the
on burning in incinerators and other outside burning.
Battalion Chief Wainscott reported to the City Council on violations to the CiE:;:
burning and incinerator code and reported that they immediately contact the
violator when notified and that if this correspondent would contact'them they
would be happy to cooperate witW anyone reporting violations to the code.
On motion of Councilman Whelchel, seconded by Mayor Davidson, the Mayor was
requested to write a letter to the petitioner and tell the person to notify the
proper authorities regarding the violation as they happen and they would
immediately take care of it.
14. Communication from City Neon appealing a decision of the City Board of Adjustments
in denying them a use permit for rotating sign at 1212 Higuera Street.
City Council Minutes
September 30, 1963
Page -6-
A representative of City Neon stated that they were appealing directly to the
Council from this decision as the applicant was satisfied that the Planning
Commission would turn down their appeal.
Councilman Miller stated that based on the granting of the appeal to
Mr. Carpenter, Resall Drug Store, for a rotating sign, that enough publication
has been given that the policy is against flashing and /or rotating signs and
that he would vote against any revolving and /or flashing signs.
Councilman Whelchel stated that he believed the control should be on size and
illumination and not just because the sign flashes or rotates.
City Attorney Houser stated that the Council could discuss this appeal, but
could take no action, as under the provision of the Municipal Code, the appeal
should first go to the Planning Commission and depending on their decision
the applicant could appeal to the City Council for their consideration.
Mr. Moerman. City Neon, appealed to the City Council to decide this matter at
this time because he knows the Planning Commission will turn his request down
and by making him go back to the Planning Commission, it would delay his
operation for at least six (6) weeks until it can again be heard by the Council.
Mr. Moerman continued that he also appealed to the City Council to end the
harassment to businessmen by the Planning Commission when they establish
unreasonable conditions such as the rotating and flashing signs for which the
Planning Commission has never given any legitimate reasons why this type of
sign should be outlawed.
On motion of Councilman Miller, seconded by Mayor Davidson, the City Council
demanded that a report from the sign committee be presented to the City Council
by October 14th and if no report is forthcoming at that time, then the committee
' should be disbanded and the Council will appoint a new sign committee.
Motion carried.
9. R. D. Miller, Administrative Officer, presented to the City Council a list of
surplus items owned by the City of San Luis Obispo and requested permission to
advertise for a public auction on these items on October 14th. Auction approved
on motion of Mayor Davidson, seconded by Councilman Whelchel.
10. Request of Donald Q. Miller that the City Council request a report from the
City Planning Commission on the status of their zoning studies on the periphery
of Cal Poly campus, was ordered held over.
11. Request of Donald Q. Miller that the City Council request a report from the
Planning Commission on the development of standards for off - campus housing was
discussed by the City Council.
The City Council also discussed the recommendations of Donald Q. Miller to be
included in any standards for off - campus housing. The recommendations of
Donald Q. Miller were referred to the Planning Commission for their consider; _.
12. Request of Donald Q. Miller that the City request a progress report fr6m t'.
Citizens' Bus Committee, was discussed by the City Council.
R. D. Miller, Administrative Officer, was requested to contact the Bus --c-..
' for preparation of a progress report to be presented to the City Couaa-;
October 25, 1963.
13. Communication from the Title Insurance and Trust Company requesting that the
City Council abandon their portion of Monarch and 3rd Streets shown on maps
of record as existing in the property being transferred to the California
Highway Patrol.
City Attorney Houser explained that this would be a good idea, even if the
property was not being transferred to the California Highway Patrol.
On motion of Councilman Graves, seconded by Councilman Miller, the request was
referred to the Planning Commission for a recommendati3n to the City Council.
Motion carried.
City Council Minutes
September 30, 1963
Page -7-
15. The following communication was received from the Planning Commission:
"The Planning Commission is preparing a new Sign Ordinance to submit to the
City Council for their approval and adoption.
One major recommendation in the new Ordinance will be the prohibition of flashing
' and moving signs and the amortization of those which now exist. The Commission
adopted a policy against this type of sign some time ago.
Pending adoption of the new sign ordinance the Commission recommends that the
Council adopt a policy prohibiting signs which "flash, move or simulate move-
ment" in the future."
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 rotat-
ing signs wddl8'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 beauty and function of the City.
City Attorney Houser explained to the Council the reason for this request by
the Planning Commission which would put the Council policy in line with that
being followed by the Commission.
Councilman Graves gave reasons why the Council and Planning Commission should
place controls on the size, type and motion of signs, particularly in the
central business district, which is now on the verge of development.
Mr. MoermanI City Neon, stated that he believed the City Council could
establish whatever type of sign control they desired, and further he was sure
that all the sign companies would cooperate if the rules were reasonable and
were known to all people, but he believed that the unwritten control such as is
being handled by the Planning Commission at this time regarding rotating and
flashing signs is unfair and unreasonable.
' Councilman Miller stated that he would go on record as opposing in the future
any and all protruding signs if the business establishments are allowed to
amortize the cost to signs over a period of years so that no one is hurt
financially.
Councilman Graves agreed and urged that possibly by that time the Mission Plaza
theme could be carried out as suggested by Smith & Williams including directories
to businesses, etc.
16. Communication from the Yelllow Cab Company submitting an application for addition
cab stand on Higuera Street northeasterly of Chorro Street including permission
of ground floor tenant in front of which the cab stand will be located, was
referred to the City Taxi Committee on motion of Councilman Whelchel, seconded
by Mayor Davidson.
17. Communication from the A & M Cab Company submitting an application for a taxi
stand at 796 Higuera Street, was referred to the City Taxi Committee on motic-•.
of Councilman Whelchel, seconded by Mayor Davidson.
18. Communication from the Department of Health, Education and Welfare, notify-..-.
the City that their change order #9 for the Sewage Treatment Plant Enlarger:
project was approved, was ordered received and filed.
' 19. Application before the Public Utilities Commission of Wayne Vaughn dba Gxi:
Bus Service, to sell to Thomas K. Knight dba Knight of the West Tours, opt
rights of the Green Bus Service between San Luis Obispo and Hearst Castle, w:..
ordered received and filed.
20. Communication thanking the City Council for the installation of traffic signals
in the City and the cleanliness of the streets, was ordered received and filed.
21. Communication from Thomas Rachel notifying the City Council of the Senate
action in providing for the settlement of the dispute between the railroad
carriers and railroad brotherhoods, was ordered received and filed.
22. City Engineer, D. P. Romero, presented a sketch of relatively small parking lot
signs announcing public parking for Lot #1 and 0.
1
1
City Council Nainutes
September 30, 1963
Page -8-
On motion of Mayor Davidson, seconded by Councilman Graves, that no signs
be placed on the parking lot except a small enter and exit sign. Motion
carried.
23. R. D. Miller, Administrative Officer, announced the promotion of Police Office=
Don Englert to Sergeant, effective October 1, 19639 at the 4th step of $575, with
recommendation that he be considered for the 5th step in one year.
On motion of Councilman Miller, seconded by Councilwoman McNeil, the recommenda-
tion of the Administrative Officer was accepted. Motion carried.
On motion of Councilman Miller, seconded by Mayor Davidson, the meeting
adjourned at 11:35 P. M.
Adopted: October 28, 1963
Gf. H. FIT PATRICK, CITY CLERK