HomeMy WebLinkAbout11/04/1963REGULAR MEETING OF CITY COUNCIL
November 4, 1963 - 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, Clell W. Whelchel
City Staff
Present: P. Chapman, Director of Planning & Building; J. H. Fitzpatrick
City Clerk; W. Flory, Superintendent of Parks and Recrcation;
W. M. Houser, City Attorney; R. D. Miller, Administrative
Officer; D. F. Romero, City Engineer; L. Schlobohm, Fire
Chief; W. Schofield, Police Chief; E. P. Thompson, Water
Superintendent.
Can motion of Councilman Graves, seconded by Councilman Miller, claims against Lite
City for the month of November, 1963, were approved and ordered paid, subject to the
epproval of the Administrative Officer.
1. On motion of Councilman Graves, seconded by
salary step increases were approved:
FISHER, Carolee E., Typist - Clerk, from Step
' month, effective December 1, 1963.
MADRUGA, Anthony, Police Officer, from Step
month, effective December 1, 1963.
Councilman Miller, the folloui.ng;
2 at $330 to Step 3 at $350
3 at $488 to Step 4 at $515 per
RYAN, Barbara, Typist - Clerk, from Step 2 at $330 to Step 3 at $350 per month,
effective December 1, 1963.
2. At this time the City Council considered the approval of the following
contract payments:
C. S. CONSTRUCTION COMPANY
Foothill Boulevard Widening Est. #4 $12286.10
Est. #5 (final) 2,094.69
TED WATKINS CONSTRUCTION COMPANY
Street Improvement Project
Phase 'W', Part 2 Est. #2 7,410.57
Est. #3 (final) 1,467.83
MADONNA CONSTRUCTION COMPANY
Madonna Road Widening Est. #2 343.80
Est. #3(final) 574.57
GENERAL ENGINEERING 6 CONSTRUCTION CO.
Municipal Parking Lot #1 Revision Est. #2 12903.59
Est. #3 (final) 853.38
RAY BUNNELL
Sinsheimer Park Restrooms Est. #1 39484.00
NORTH BAY CONSTRUCTION COMPANY
Sewage Works Enlargement Est. #14 34,340.22
TED WATKINS CONSTRUCTION COMPANY
Sewer Farm Fields Improvement Est. #1 222816.35
City Council Minutes
November 4, 1963
Page -2-
D. F. Romero, City Engineer, explained to the City Council the progress of all
the projects and conditions and.recommended that the contract payments be
approved.
On motion of Councilman Graves, seconded by Councilman Miller, the contract
payments were approved and ordered paid.
3. The City Council considered the following contract payment:
FRED J. EARLY, JR., COMPANY, INC.
Water Treatment Plant Est. #2 $1072656.16
Mr. E. P. .Thompson, Water Superintendent, reported to the City Council on the
progress of the filtration plant construction and stated that the contract is
right on schedule and recommended that the contract payment be approved.
On motion of Councilman Graves, seconded by Councilman Miller, the contr7ut
payment was ordered paid.
R. D. Miller, Administrative Officer, reported to the City Council on the star_u..
of the agreement with Cal Poly for payment of their share of the water f -ltra-
tion plant construction, stating that apparently the agreement was bog:;: down
in the attorney's office for the trustees and that it was being returr:e,, ':o the
City for clarification of legal points.
The City Council requested that Mr. Houser look into these legal matrLrs and
report to the City Council on the status of the agreement at the November 11th
adjourned meeting.
4. At this time the City Council considered the final passage. of Ordinance No
an ordinance exchanging property with James C. Frisby.
Mr. Houser, City Attorney, explained what the Council's action was on this
matter, and on motion of Councilman Miller, seconded by Councilman Whelche:.,
the ordinance was introduced for final passage and adopted on the following
roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald 0. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
5. E. P. Thompson, Water Superintendent, presented the following report On
his investigation of the protest of the James E. Henderson water bill:
"Work Order made and checked on same day. If there was a delay in checking
leak and time it was reported, it must have occured elsewhere. Refer to
Work Order 4661- August 21st, 1963. Men who checked on leak say no one was
home at 611 Mitchell Drive when they called. They contacted a neighbor and
they called a nephew of tenant. He came to the 611 Mitchell Drive address and
had a lady with him. Water Department crew told them the leak was on the
property side of the meter and was running their water bill up and they should
get a plumber to repair the leak. The lady told them that the owner was away
' and she didn't know what to do about the leak, but she did not ask them to
turn off water or they would have done so."
Mr. Thompson recommended that no adjustment be made on this appeal based on
certain facts which he presented.
On motion of Councilman Graves, seconded by Councilman Miller, that a copy
of Mr. Thompson's report be sent to Mr. Henderson stating that the City Council
can find no basis for adjustment of this water bill. Motion carried.
6. Board of Supervisors' Resolution No. 540.63, a resolution of intention to
quitclaim county property and convey easement for public highway purposes to
the City of San Luis Obispo.
City Council Minutes
November 4, 1963
Page -3-
D. F. Romero, City engineer, explained to the City Council that
being conveyed by the County had been requested by the City for
development of Bishop Street and for a pumping station site for
to Johnson -Flora Street water system.
The City Council.had no objection to accepting this deed.
this property
future
improvement
7. At this time the City Council discussed the possibility of adopting a central
core area development plan as prepared by Smith &Williams as a guide for
development of the City.
Mayor Davidson stated that he was personally very excited with the proposed
central core development plan as presented by Mr. Williams and made the
following observations:
Mayor Davidson stated that he believed the Mission Plaza plan was a very
exciting plan, that it is an idea and it can become an Eden.
One meaning of the word "Eden is pleasantness and a Garden of Eden.symbolizes
a blissful harmonious state of mind. It is such a state of mind that.cc_.:_ains.
all possibilities.for obtaining a favorable result in one's life and af_.:rs.
It has been written that the Garden of Eden represents a region of bei- ,.::;_n
which are provided all primal ideas for the production of the beautify Let's
think about our City. What can it be? It has historical stature. Le-'',-
preserve this. It is beseiged by urban sprawl. Let's put a stop to thi:;.
It has a natural beautiful terrain. Let's improve and maintain this...I hope
you agree San Luis Obispo must take that giant step so long overdue from
employing recreation patterns that met the needs of the r: =ople yesterday ;c.
' those that will more nearly meet the needs of the people today.
Don't you feel it would be right for the Mission Plaza to develop a
of its own, with interests of all age groups; themes of recreation, educat :!...
culture, merchandising, entertainment and food all integrated, not isolated;
land marks brought to life, cleanliness, courtesy, convenience and control of
project, open space, park -like atmosphere, ingress and egress for vehicles
for adequate parking, safe and convenient pedestrian travel.
There are so many benefits that could be derived from this type of development
and some of these would be: Increased property values, increased income of the
City government, increased income to the citizens, and pride of the citizen
knowing that he did it. He helped develop our City, the City where it is fun
to stay at home.
On motion of Mayor Davidson, seconded by Councilman Graves, that the City
Council adopt as a planning guide the plan as presented by Smith & Williams
for development of the central core area of San Luis Obispo. (no action on
motion due to later motion to table)
Councilman Whelchel asked whether this motion was to approve the plan as a
general guide. If so, he would agree, but if this motion was to approve the
basic elements of the plan, he stated he would disagree as there were many
features of this plan that he did not agree with, and he wished to know just
how much was being adopted by this motion.
Mayor Davidson stated that he thought he had explained the purpose of the
motion in his remarks proceeding the motion which were that the City would
adopt this plan as a general guide, but not adopt the various elements of the
plan.
Councilman Whelchel continued that before he would commit the City to this
development he would want to see an organization of the businessmen in the
community take a lead in this development as he does not believe the City
should push this plan until the businessmen in the community are prepared to
support their portion of the plan.
Mayor Davidson stated that the support of the businessmen would only come after
the City had given the plan some direction and leadership so that the business
community would know what route to follow to implement the development.
City Council HInutes
November 4, 1963
Page -4-
Councilman Graves suggested that the Council should adopt this plan as a guide
so that the City can build those portions of the plan that the community desires
as he is sure that everyone does not agree with the entire proposal, but that
the good features of the plan should be used as a guide for the development.
Councilwoman McNeil agreed that the City Council should adopt this plan as a
guide and then proceed with as much of the plan as possible.
Councilman Whelchel stated that he believed that the leadership for this
development should come from the business people of the City as they will be.
the ones who will benefit from the development.
He stated that many people had contacted him and were opposed to the City going
ahead with this development.
Mayor Davidson interjected that the only people that he had found who we+_•e
questioning the development are those who have not read the proposal as present:
by the architects.
Mr. Robert Leitcher, property owner, appeared before the Council asking ..'at if
this plan were adopted as a guide, would the Planning Commission and BuL_:'ing
Department use this guide for denial of any plans for private developme::c of
privately owned property in the vicinity of the Mission Plaza at that t':
Mayor Davidson stated that the motion to adopt the plan as a guide would not
prohibit private owners from developing their property under the then existing
codes and ordinances.
Mr. Robert Barnet, Businessman, questioned the advisabil':.y of spending
1 sums of money to improve a park -like area in the City while we are sending,
children to inadequate school facilities and believed that this money shoal-
be spent on educational development.
Councilman Graves answered that the main reason for building the plaza and other
developments was to enhance the economic tax base of the community by encourag-
ing the development of new businesses in the area and to discourage the
development of regional shopping centers in the area surrounded by the City of
San Luis Obispo.
Mayor Davidson then explained the impact of property tax and sales tax on the
economy of the City and School District and that any developments that bring
new customers to the City help to increase the sales tax and property tax
base.
Councilman Miller suggested that the City Council hold off any action on this
matter until the Council has received a report on the financial feasibility of
the development from the City's financial consultants, Stone & Youngberg. He
also stated he was going to vote against the motion because he believed that
voting for this plan as a guide would tie the City down to the development as
outlined by Smith & Williams.
He also urged that the other members of the City Council also vote against this
motion as he does not believe the architects Smith & Williams, did the job for
the City that they were retained to do. Further, he did not believe that the
' businessmen of San Luis Obispo will support this program with either time or
money and also that he does not believe the citizens and tax payers wished the
Council to spend this amount of money for this far- fetched development. He
urged that the City Council take no action on this plan until the financial
consultants had been able to discuss this matter with the Council.
Councilman Graves stated the plan can be developed in any phase that the public.
desires and in any amount of money that the City would like to spend as this is
not a precise plan, but is a guide for future development.
The City Council discussed the adoption of the Smith & Williams plan as a guide
for the future development of the central core of the City.
City Council Minutes
November 4, 1963
Page -5-
On motion of Councilman Whelchel, seconded by Councilman Miller, that the
original motion be tabled until the Council has met with the representatives
of Stone & Youngberg to discuss financial feasibility of the plan.
Motion carried to table the motion on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Clay P. Davidson, Cieil W. Whelchel
NOES: None
ABSENT: None
8. At this time the City Council continued the public hearing on the Orcutt Road
Setback Line.
The following recommendation was received from the City Planning Commission
regarding the Orcutt Road setback line:
"This matter was further discussed by the Commission at their meeting on
October the 29th. The Commission had no objection to the radius of Johnson
Avenue being increased on the east side as recommended by the Council, but
felt that the readius shown on the original plan should be retained on t::::
southwest side. A plan showing the modification will be shown to the Ccuacil.
With regard to sidewalk widths, the Commission has a policy of requirft a ten
foot "sidewalk area" in M zones, but varies the width of actual sidewalk. paving
according to the pedestrian traffic to be expected. The Commission recommends
that this policy be continued."
D. F. Romero, City Enl,iaeer, presented sketches for the :...-y Council showir.;
the alignment of Orcutt Road at Johnson Avenue as recomm.::nded by the City
Planning Commission which would increase the radius of r.ne east side of tb.�:
Orcutt Road to Johnson Avenue curve.
Mr. Romero explained that the Planning Commission felt that the 500 ft. center
line radius for the curve on the south side of Orcutt Road should be retained
as this radius is the minimum allowed for major streets by City ordinance.
This curve will permit a front yard of approximately 14 feet at the closest
point for the residences on the south side of the curve. He explained further
that the 10 foot sidewalk area had been adopter; by both the Planning Commission
and Council for major streets in commercial and manufacturing areas when the
Subdivision Ordinance and the Master Street and Highway Plan were adopted. The
actual sidewalk improvement would be based upon potential need at the time of
installation and could well be 6 feet in width. This will permit the City some
flexibility in the future should developments indicate a wider sidewalk would
be desirable.
Mr. Charles Easter, Easter's Trailer Court, objected to the requirement of
10 foot sidewalk areas in front of his trailer park, as he does not believe
there is any reason for such a sidewalk width as he does not believe the two
trailer parks in this area are generating enough pedestrian traffic to make
this wider sidewalk necessary.
He also stated that he was informed when he built his trailer park that all
that would be required would be a 6 foot sidewalk.
.4ss Elinor Mac Millan objected to the requirement of a 10 foot sidewalk area
in front of her family's property due primarily to the zoning of their land.
Councilman Miller recommended that the City adopt a 6 foot sidewalk standard on
both sides of Orcutt Road.
Councilman Graves agreed that a 6 foot sidewalk would be adequate in this area,
particularly as this area would be served primarily by auto and not by
pedestrian traffic. He also suggested that if the sidewalk area were reduced,
that a building setback should be required in order to protect the property
line.
Miss Mac Millan and Mr. Easter then discussed the merits of the proposed
overcrossing at Orcutt Road.
City Council Minutes
November 4, 1963
Page -6-
Miss Mac Millan stated that she felt that the overcrossing would be detrimental
to her property rights.
Mr. Easter stated that he believed an underpass would be a more logical way to
cross the railroad tracks.
' Mr. D. F. Romero, City Engineer, discussed the recommendations of the consultin
engineer for the proposed Orcutt Road overpass.
Mr. Romero also explained the disadvantages of the construction of an underpass
versus the construction of the overe_ossing. He pointed out that either improve
went would require about the same amount of right of way acquisition if the
trumpet were retained.
The City Council then discussed the benefits and merits of an overcrossing and
an underpass at Orcutt Road.
Councilman Miller then presented a sketch with his suggestions for the
construction of-an underpass at Orcutt Road.
On motion of Councilman Graves, seconded by Councilman Miller, the follm.r:ng
ordinance was introduced. Ordinance No. 275, an ordinance adopting setback
line on Orcutt Road, that a six (6) foot sidewalk area would be required
from the railroad right -of -way to Johnson Avenue,
Passed to print 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
Mr. Easter again stated that he objected to the City taking any of his prope ly
for street widening and particularly requiring him to place a sidewalk in frost
of his property when there are no pedestrians using the street.
9. At this time the City Council considered a covenant from Arnet and Broadbent
which would allow a six (6) foot fence with an attached sign in an R -4 zone with
the covenant guaranteeing removal at the property owner's expense when requested
by the City Council.
On motion of Councilmen Graves, seconded by Councilman Miller, that the City
accept the covenant and the Mayor be authorized to record same.
Councilman Elieichel disagreed with the motion, stating that the City was
establishing a dangerous precedent in allowing a fence and a sign in the
building setback area.
Motion carried on the following roll call vote:
AYES: Clay F. Davidson, R. L. Graves, Jr., Hass Margaret McNeil,
Donald Q. Miller
NOES: Cleli W. Whelchel
ABSENT: None
' 10. Discussion by the Council of what to do about the proposed setback line on
Monterey Street between Garfield and Santa Rosa Streets, was held over to the
meeting of November 11, 1963.
11. Discussion of a community spruce -up program, was held over to the meeting of
November 11, 1963.
12. Mr. Tony Amato, representing the Council Tree Committee, reported to the City
Council that the Tree Committee was requesting a grant of funds from the City
Council for an a xperimental.planting of different varieties of trees for
inclusion in the City's approved list of trees.
The plan envisioned placing of various species of trees throughout the City
in various climates and soils of areas to sce if they adequately grow in this
area. This experiment would show what additional species of trees can be used
for street trees ir. the City.
City Council Minutes
November 4, 1963
Page -7-
Mr. Amato stated a grant of $800 would allow the Tree Committee to plant a
large number of experimental years for future inclusion in the City's tree
list.
Mayor Davidson suggested that Mr. Amato and Mr. Flory prepare their recommenda-
tions in writing so that the City Council can consider it at the next meeting.
Mr. Houser, City Attorney, reported to the Council that he had met with the
Tree Committee and that based on their suggestions, he was now preparing an
ordinance for their consideration for submission to the City Council.
Councilman Miller asked if this proposed tree ordinance could be presented to
the City Council by the November 18, 1963 meeting.
Mr. Houser stated that the committee would try to have the proposed ordinance
ready for submission at that time.
Mavor.Davidson suggested that in addition to the Tree Ordinance, the City
should adopt a tree planting master plan and an additional tree maintenance
program.
13. Discussion of planting trees on other downtown business streets besides Cxiorro
Street, was held over to the meeting of November 11, 1963.
14. Discussion of a capital improvement priority list by the Council, was held over
to the meeting of November 11, 1963.
15. Agenda for the ?dater Resources Advisory Committee for November 5, 1963, and
minutes of October 1, 1963, were ordered received and filed.
16. Communication from the Division of Highways giving notification that Mr. Robert
1 J. Datel is the new District Engineer for District V here in San Luis Obispo
and that Mr. E. R. Foley is being transferred to San Francisco, was ordered
received and filed.
17. Information on the Local Agency Formation Commission membership selection
procedure, was ordered received and filed.
18. At this time the City Attorney presented a resolution for the Council's
consideration announcing a public hearing on the annexation of the Peterson
Property to the City of San Luis Obispo.
On motion of Councilman Miller, seconded by Councilman Whelchel, the following
resolution was introduced. Resolution No. 1201, a resolution giving notice
of proposed annexation to the City of San Luis Obispo of uninhabited territory
described herein and designated "Peterson Property ", and giving notice of the
time and place for hearing of protests thereto.
Passed and adopted on the following roll call vote:
AYES: Clay F. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald n. Miller, Clell ?,!. Whelchel
NOES: None
ABSENT: None
City Attorney Houser is to notify Mr. Skinner of the Council's action and to
prepare the necessary agreement on behalf of the City on the diversion of
Perfumo Creek, maintenance of Los Osos Bridge, no water service above the 240
foot elevation, etc.
19. Mr. R. D. Miller, Administrative Officer, brought to the Council's attention
the fact that Mr. Chapman, Planning Director, had prepared the landscaping
plans for Parking Lots #1 and 14 and requested that the City Council transfer
the necessary funds to accomplish this improvement.
On motion of Councilman Miller, seconded by Councilwoman McNeil, the following
resolution was introduced. Resolution No. 1202,' a resolution increasing the
1963 -64 budget. (Account No. 264.1, Parking District Acquisition and Improve-
ment Fund, be increased in the amount of $1,900.00.)
r
1
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City Council Minutes
November 4, 1963
Page -8-
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
On motion of Councilman Miller, seconded by Councilwoman McNeil, the meeting
adjourned to November 11, 1963 at 7:30 P. M.
Approved: November 18, 1963
�X, H. FI ATRICK, CITY CLERK