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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. --------------------------------------------------------------------------- - - - - -- 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 1 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.