HomeMy WebLinkAbout12/02/1963REGULAR MEETING OF CITY COUNCIL
December 2, 1963 - 7:30 P. M.
CITY HALL
Invocation was given by Vice -Mayor Donald Q. Miller.
Roll Call
Present: R. L. Graves, Jr., Miss Margaret McNeil,
Donald Q. Miller, Clell W. Whelchel
Absent: Clay P. Davidson
City Staff
Present: P. Chapman, Director of Planning & Building; J. H. Fitzpatrick,
City Clerk; W. M. Houser, City Attorney; R. D. Miller,
Administrative Officer; D. F. Romero, City Engineer;
L. Schlobohm, Fire Chief; E. P. Thompson, Water Superintendent.
On motion of Councilman Whelchel, seconded by Councilman Graves, the minutes of the
meeting of November 18, 1963, were approved as read.
On motion of Councilman Graves, seconded by Councilman Whelchel, claims against the
City for the month of December, 1963, were approved and ordered paid subject to the
approval of the Administrative Officer.
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1. The following salary step increase was approved on motior. of Councilman
Whelchel, seconded by Councilwoman McNeil, effective December 1, 1963:
COWELL, George J., Police Officer, from Step 3 at $488 to Step 4 at $515 per
month.
2. The following contract payments were presented for the Council's consideration:
TED WA=?gS CONSTRUCTION COMPANY
Sewer Farm Reconstruction Est. #2 $32330.00
FRED J. EARLY, JR., CO., INC.
Water Treatment Plant Est. #3 $1402991.84
RAY B. BUNNELL
Sinsheimer Park Restrooms Est. �n $29096.00
NORTH BAY CONSTRUCTION COMPANY
Sewage Treatment Plant Enlargement Est. #15 $19,196.23
D. F. Romero, City Engineer, reported that all contract payments were in.
order. In the case of Ted Watkins Construction Company on the sewer farm
reconstruction, the project was being delayed due to the weather that had
flooded the fields and made additional work impossible at this tim:.
Mr. Romero then explained the change orders to the North Bay Construction for
the sewage treatment plant enlargement, change orders #8 and $11.
Mr. Romero also explained a change order for the sewage treatment plant that
was performed by one of the sub - contractors, Gallagher Electric Company,
for extension to the phone service, flood lighting, etc.
Mr. Romero stated that these change orders were all in order and these minor
items were required to complete the sewage treatment plant and recommended
that the change orders and contract pa3naent be approved.
On motion of Councilman Graves, seconded by Councilwoman McNeil, the contract
change orders were approved and the pay estimates were ordered paid. Motion
carried.
City Council Minutes
December 2, 1963
Page -2-
3. At this time J. H. Fitzpatrick, City Clerk, reported on bids opened and received
for Broad Street widening - Lawrence Drive to Humbert Avenue. They are as
follows:
Howie & Shelton $59610.05
Ted Watkins construction Co. $6,459.60
Madonna Construction Co. $79447.00
The Engineer's estimate was $5,362.00.
D. F. Romero, City Engineer, recommended that the low bid of Howie & Shelton
be accepted.
On motion of Councilman Graves, seconded by Councilman Whelchel, the low bid
of Howie & Shelton was approved. Notion carried.
3a. At this time a Grant Deed, Covenant and Agreement was presented to the City
Council from the Church of Christ, 2790 South Broad Street.
On motion of Councilman Graves, seconded by Councilman Whelchel, the Mayor
was authorized to accept the Grant Deed, Covenant and Agreement on behalf
of the City and authorized to sign and record the Grant Deed and Covenant and'-
to sign the Agreement. Motion carried.
4. At this time J. H. Fitzpatrick, City Clerk, reported on bids opened and
received for the Johnson Avenue widening. They are as follows-
Ted Watkins Construction Company $5,031.50
' Howie & Shelton $5,248.70
Madonna Construction Co. $69779.00
The Engineer's estimate was $4,215.50.
D. F. Romero, City Engineer, stated that the low bid was 19% higher than the
estimate and asked if the Council wished to proceed.
On motion of Councilman Graves, seconded by Councilwoman McNeil, the w, bid
of Ted Watkins Construction Company was accepted.
5. J. H. Fitzpatrick, City Clerk, reported on bid received for furnishing liability
insurance for the City of San Luis Obispo, from Farmers Insurance Group,
Atkinson & Hollister, San Luis Obispo representatives. Total for one (1) year
would be $10,958.09. W. Fitzpatrick recommended that the bid be accepted.
On motion of Councilman Whelchel, seconded by Councilman Graves the bid of
Farmers Insurance Group was accepted.
6. On motion of Councilman Graves, seconded by Councilman %elchel, the following
ordinance was introduced for final passage. Ordinance No. 275, an ordinance
adopting setback lines on Orcutt Road.
' Finally passed on the following roll call vote:
AYES: R. L. Graves, Jr., Miss Margaret McNeil,
Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: Clay P. Davidson
7. At this time the City Council continued the public hearing on the appeal of
Lila D. Schwarzbach from a decision of the Planning Commission in denying her
request for a variance to house additional Cal Poly students at 42 Verde Drive.
ifhs. Schwarzbach stated that one student has left, one is up for induction in
the Army, so she is only asking for a variance for one student.
L.
1
City enncil Minutes
December 2, 1963
Page -3-
Mr. Jack Hemen appeared before the City Council objecting to allowing
additional students at this residence. He stated that he wished this area
to stay as R -1 and does not want the restriction that the R -1 zone gives
destroyed.
Mrs. Hatfield stated that she had no objection to the students, but would like
to have the R -1 zone protected as these boys do not have adequate off- street
parking areas and there are too many cars for such a small property.
Mrs. Schwarzbach asked for the variance with a time limit so that her son and
foster son could complete their education this spring.
W. M. Houser, City Attorney, explained to the City Council the conditions under
which the City Council could grant a variance as requested.
Councilman Graves stated that based upon the conditions stated he could not
find any reason to grant a variance. Further, if granted, the Council would
be setting a dangerous precedent and would find it difficult to deny future
appeals for student housing in R -1 zones.
On motion of Councilman Graves, seconded by Councilwoman McNeil, that the
request be denied and that the City Council uphold the recommendation of the
Planning Commission. Motion carried on the following roll call vote:
AYES: R. L. Graves, Jr, Miss Margaret McNeil,
Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: Clay P. Davidson
Extra students to be off the premises by January 1, 1963.
B. Welcome Wagon Hostesses, Gretchen Hill and Geneva Gilbert, presented a copy of
a brochure which is going to all newcomers in the City and County, which
explains all community activities and facilities available to all newcor,"rs.
On motion of Councilman Graves, seconded by Councilman Whelchel, the ;,j.'.eWing
resolution was introduced. Resolution No. 1222, a resolution approviiq; '.:he
Welcome Wagon Program.
Passed and adopted on the following roll call vote:
AYES: R. L. Graves, Jr., Miss Margaret McNeil,
Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: Clay P. Davidson
S. Public hearing on Resolution No. 1205, a resolution giving notice cf the proposed
ahnexation of the Peterson property to the City of San Luis Obispo.
Vice -Mayor Miller declared the public hearing open.
8a. The following letter was received from the Board of Trustees of the Laguna-
Los Osos School District:
"The Board of Trustees of the Laguna -Los Osos School protests the proposed
annexation-to the City of San Luis Obispo the territory described herein and
designated as the "Peterson Property ", for the following reasons:
1. The assessed valuation of the Laguna -Los Osos District is only $2,000,000
dollars and this is not adequate to finance a school large enough to house
the children of the proposed housing development.
City Council Minutes
December 2, 1963
Page -4-
2. Or is it adequate to finance the education for some 250 students and
pay salaries of ten teachers.
3. Past history shows that fifty percent of families living in new sub-
divisions have moved from the City of San Luis Obispo. Therefore, it is just
a relocation of students.
At the present time the City Schools of San Luis Obispo are educating the
students of the Laguna Lake Development and this proposed annexation is a
continuation of the same."
R. C. Skinner stated he is still working with both school districts to have one
take over the responsibility of educating the children in his proposed develop-
ment, but to date he has been unable to convince the City School Board that it
will be financially feasible for this area to be included in the City District.
W. M. Houser, City Attorney, explained legal problems for the school district
to change their boundaries, which are not affected by annexation to a City.
Dice -Mayor Miller declared the public hearing closed.
On motion of Councilman Graves, seconded by Councilwoman McNeil, the following
resolution was introduced. Resolution No. 1220, a resolution approving the
annexation of the Peterson Property. This resolution is subject to the following.,
conditions and filing of Covenants:
1. No water service above 240 feet.
2. Maintenance of the drainage structure under Los Osos Road until the
structure is abandoned by the developer.
Passed and adopted on the following roll call vote:
AYES: R. L. Graves, Jr., Miss Margaret McNeil,
Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: Clay P. Davidson
Public hearing on recommendation of the City Planning Commission to approve
the preliminary plan for planned development of a shopping and pro.7--_3sior.sl
center at the corner of Madonna Road and Los Osos Road.
'r.ce -Mayor Miller declared the public hearing open.
following communication was received from the City Planning Co:,iizizsicr_!
"Lesolution No. 160 -63 of the Planning Commission recommends this .-I':-inary
i-- yelopmeut Plan be approved, subject to the following conditions:
i• A use permit shall be obtained for Building E or a departm --i.. stz- -e.
i. The development shall be reviewed by the Commission in thre- years :.ime.
This application, as shown on the attached sketch, is at the corner of t.r•s
Osos and Madonna Roads on a site of approximately 14 acres. This is it agree-
ment with the General Plan.
The plan is designed so that the project can be built in stages. These have
been agreed with Mr. Skinner as follows:
1. Units A and B to be developed in 1964 as Phase One supported by the
present population.
City Council Minutes
December 2, 1963
Page -5-
2.
Unit C to be
developed when
family units
range between 800 and 1,000.
3.
Unit D to be
developed when
family units
range between 1,200 and 1,500.
4.
Unit E to be
developed when
family units
range between 1,500 and 2,500.
For
the Medical and
Professional buildings, the
following schedule:
1. The two westerly buildings (1 & 2) to be developed in 1964 and 1965 as
Phase One. It is anticipated that the center building (2) will start
prior to the corner building (1) as we intend to use this building
ourselves and plan to "package" the corner buildings as a condominium
medical building for several doctors.
2. The easterly building (3) when family units range between 800 and 1,200.
The uses proposed are those normally found in a neighborhood shopping center;
however, Mr. Skinner's original plans showed a department store in Building E.
The Commission had mixed feelings about the suitability of a department store
in this center, and for this reason suggests it be referred back to them if
Mr. Skinner decides he wishes to go ahead with this part of the project.
In order to relate the project to future development in the area, the Commission
felt it would be desirable to review it in three years time.
Floor Areas - Shopping: 69,000 square feet with expansion to
94,400 square feet
Parking: 653 cars
Professional Center: 42,000 square feet
' Since this project was considered by the Commission, more detailed plans have
been submitted for the service station. The Commission proposes to cons -Wer
these as an amendment to the Planned Development when the Shell Oil Company
is ready to complete their presentation."
Vice -Mayor Miller declared the public hearing closed.
On motion of Councilman Graves, seconded by Councilman Whelchel, the fi:.i.a:.;.;;
resolution. Resolution No. 1221, a resolution approving the R. C. Skt...-x
preliminary plan for planned development.
Passed and adopted on the following roll call vote:
AYES: R, L, Graves, Jr., Miss Margaret McNeil,
Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: Clay P. Davidson
::0. ?:.n Balzaretti, Manager of the Chamber of Commerce, brought up the uatt�_•
itinerant photographer controls which are lacking in this City .t
&..-ie and urged that the City Council adopt an ordinance controllir•.; : ti : ?zr.:t
p:, otographers .
1 `44ce =Ma or Miller suggested that the Council appoint a committee tc• s;ud • ' :Ae
request of the Chamber of Commerce to study the adoption of an orel.nsn,e
control itinerant photographers.
On motion of Councilman Graves, seconded by Councilman Whelchel, that t'c:
Vice -Mayor appoint a committee as requested above. Motion carried.
Vice -Mayor Miller appointed Councilmen Whelchel and Graves to study this
matter with a report to be submitted to the Council by the first meeting in
February, 1964. Motion carried.
11. Jim Balzaretti, Manager of the Chamber of Commerce, brought up the possibility
of the City inaugurating a paint up, clean up campaign. He then submitted a
city Council minutes
December 2, 1963
Page -6-
list of property owners who have already cleaned up their bui :ldiags. Ee
suggested that a citizens committee should be appointed to spear head a
complete clean up campaign. This committee was to include a representative
from each major group in the City such as Council, Chamber, Churches, service
clubs, etc.
Vice -Mayor Miller suggested that he and Councilman Graves meet with Mr.
Balzaretti to go over some program to implement this suggestion.
14. Discussion of proposal by Councilman Donald Q. Miller to require pipeline
contractors to do a competent and timely job of reconstructing street pave-
ments and if they fail to perform, setting up a procedure whereby the City can
perform the work and bill the contractor.
Vice -Mayor Miller suggested that the City should.get adequate protection to
require that all street openings be replaced within a reasonable length of
time.
W. M. Rouser, City Attorney, suggested that possibly the City could require that
the contractors repair the trench with cold materials and then deposit with the
City enough money to adequately surface the area with hot materials.
D. F. Romero, City Engineer, explained that the problem falls in two categories:
1. When the City conducts the trench repaving for the contractor, and
2. When the contractor elects to conduct his own repaving.
1 In case two, the contractor very often withholds repaving until after completion
of all other items of work, thereby leaving an unpaved trench in the roadway
for an extended period of time.
Mr. Romero suggested that contractors be required to place temporary ^'1tng in
a trench within 48 hours of backfilling and permanent paving within °!' days of
completion of the job.
City Attorney Houser and Mr. Romero were to bring back a suggested
for the December 16th meeting.
12. Communication from the Ministerial.Association, Reverend Walter Grah&a..
President, requesting Council permission for a procession of the robed chairs
of the City Churches to be held Monday, December 23, 1963.
On motion of Councilman Graves, seconded by Councilwoman McNeil, the
was approved. Motion carried.
13. Peport from the City Planning Commission on off -site parking requir ^.men:=
in R zones.
Councilman Graves stated that he still does not agree with the Planning
Commission, but is willing to wait until the new ordinance is pas^ =:3.
Councilman Whelchel stated that some provisions for storage of househole..
equipment should be provided for.
Communication ordered received and filed.
15. Report from the City Engineer on drainage study of major channels and
structures north of Foothill Boulevard and west of Ferrini Road and imp:;•.��
meats that must be made in order to bring the drainage structures to sa_isiz:ctory
capacity for future flows.
R. D. Miller; Administrative Officer, stated that additional gas tax money
will be available and possibly release (P. I. B. ) money for drainage improve-
ments.
Vice -Mayor Miller suggested that the Council should set up a program to do a
1
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City Council Minutes
December 2, 1963
Page -7-
part of this drainage program each year as a part of the City's capital budget.
On motion of Councilman Graves, seconded by Councilwoman NoNeil, that the City
Engineer procure a proposal for preparation of engineering plans and specifica-
tions for drainage structure at Broad and Murray Streets. Motion carried.
16. Communication from the Division of Highways notifying the City of the
alternatives to designating the existing major City street system as the select
system in accordance with the requirements of the Collier -Unruh Act.
D. F. Romero, City Engineer, explained the implications of the Division of
Highways' communication and pointed out that street shown in the SCR 62 system
could be used for expenditures until October 1, 1964, when the new select
system would be adopted.
17. Notice from the Channel Counties Division of the League of California Cities
announcing that the next quarterly meeting will be held in Oxnard, California
Wednesday, December 11, 1963, was ordered received and filed.
18. Communication from David F. Romero, City Engineer, requesting permission to
grant Mr. Loren Edmands sick leave in excess of fifteen days, due to an
operation.
On motion of Councilman Graves, seconded by Councilwoman McNeil, the
permission was granted. Notion carried.
19. Communication from Jim Balzaretti, Chamber of Commerce, regarding buying and
utilizing local products, was ordered received and filed.
20. On motion of Councilman Miller, seconded by Councilman Graves, the meeting
was adjourned to Friday, December 6, 1963 at 11:00 A. M. at the City H&il for
inspection of the Sewer Farm. Motion carried.
Approved: January 20, 1964
H. FIrZ?A'TRRIICK -K,, CITY CL171 i.