HomeMy WebLinkAbout05/18/1964REGULAR MEETING OF CITY COUNCIL
May 18, 1964 - 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 ivkNeil,
Donald Q. i- Ella:, Ciell 1.7. F:InelClzlej_
City Staff
Present: P. Chapman, Planning & Building Director; J. H. Fitzpatrick,
City Clerk; ??. Flory, Superintendent of Parks and Recreation;
W. M. Houser, City ktcorney; R. D. Miller, Administrative
Officer; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief;
W..Schofield, Police Chief.
On motion of Councilman Miller, seconded by Councilwoman McWeil, the following
minutes were approved or corrected:
Minutes of April 20, 1964 were approved as read.
Minutes of April 27, 1964 were corrected �.s follows: Page 8, Item 6 - (insert letter
from Council Committee dated April 23, 1964 in lieu of letter now there.)
Minutes of April 30, 1964 were corrected as follows: Page 3, Paragraph 4 - Should
be the statementof Emmons Blake. Page 3, Paragraph 5 - Should be the statement of
Mayor Davidson. In between Paragraph 3 and Paragraph 4 should be inserted the
following statement: "Mayor Davidson stated he was compelled to speak in defense
of Mr. Skinner, who had been asked to consider leasing the City owned property for
the development of a golf course. Mr. Skinner, in all of our talks, has said he
wished to so plan the recreation that the lake and perimeter road would be included
and that all of this property adjoining the lake should be held and developed for
recreation and that the 13 acres should be reacquired by the City for recreational
development."
Minutes of May 4, 1964 were corrected as follows: Pale % Item X• Statement by
Councilman Miller should be changed to the statement of Councilman Maelchel.
On motion of Councilman Whelchel, seconded by Councilwoman McNeil, the claims against
the City for the month of May, 1966, were approved subject to the approval of the
Administrative Officer.
1. Mayor Davidson reported for the Council Committee regarding their negotiations
with Mr. T. C. Maino for acquisition of property on Foothill Boulevard for
street widening purposes.
Mayor Davidson stated that the Committee had met with Mr. Maino and had
proposed that Mr. Maino accept the value set by the City Assessor for the
value of the land, but only require a six (6).foot sidewalk area as the
ten (10) foot would be in excess of the need and the Committee would so
recommend to the City Council.
He further stated that Mr. Maino did not accept this proposal, but stated that
he would propose an alternate to the Council at a later date.
The following proposal was presented to the City Council by Mr. Maino on
behalf of Maino Properties:
"In response to your request for a counter proposal to the offer made by
the Council Committee, we submit a plan showing College Square as it is
now being built.
The red lines on this sheet indicate the parking that is available if the
City does not purchFoe tae 21 foot strip along Foothill Boulevard. The
black lines indicate the spaces available if this lend is taken to widen
the street. There is a net loss of 45 parking spaces involved in this
acquisition.
City Council Minutes
May 13, 1964
Page -2-
Calculations based upon the costs and the returns of this shopping center
indicate that we will be damaged in the amount of $107,500.00 if these
parking spaces are taken away from this development. This loss extends
over fee land ovmed by Maino Properties and over land under leaec: by
Main Properties that is owned by three othe_ landowners. i4aino Properties
represents all the fee holders in this block for all land in the block
except the 100 foot strip fronting the Standard Oil Station.
As a compromise offer, Mainc Properties i7ill accept the above amount as
total compensation for the leaseholders'as well as the fee holders' interests
and will distribute the money among the interested parties in accordance with
their individual interests.
It is our understanding that if the City buys this property, they will, in
addition to paying for the land, reimburse us for the existing improvements
such as curb, gutter and pavement and that the City will pave Foothill
Boulevard from the line of the present pavement to the new curb and gutter.
Our offer is contingent upon the acceptance of this understanding. If this
counter proposal is not acceptable, Maino Properties will immediately proceed
with the development of this area in accordance with the existing land
conditions and await any future action by the City of San Luis Obispo."
On motion of Councilman Miller, seconded by Councilman Wheichel, that
Mr. Maino's report be referred to the Council Committee studying this matter
for investigation and report of recommendation to the City Council at the
meeting of May 25, 1964. Notion carried.
Mr. Maino asked that the City Council make a decision by at least the 25th as
he would not delay much longer than that before improving this for a
parking lot.
' The Council discussed the suggestion of retaining an appraisor at this time
to come up with market value of property to be taken.
Mayor Davidson suggested that the City Council meet and go over the proposal
of Mr. Maino.
The Council agreed and they will meet Friday, 12:00 Noon in an executive
session to discuss the proposal of Mr. T. C. Haino.
2. R. D. Miller, Administrative Officer, announced the appointment of Aneelma
A. Barrios as Laborer - Equipment Operator, in the Public Works Department,
effective May 1, 1964 at $368 per month, and Ralph H. Soto as Laborer -
Equipment Operator in the Public Works Department, effective May 16, 1964 at
$368 per month, subject to one year's probationary period.
3. J. H. Fitzpatrick, City Clerk, read the bids on the resurfacing of certain
City streets in accordance with plans and specifications for street resurfacing
Program Phase "M", Part 3, City Plan No. 16 -64.
The bidders were as follows:
A. J. Diani
Guido O. Ferini
Madonna Construction
M. J. Hermreck, Inc.
Ted Watkins Construction
Coxco, Inc.
$16,219.75
15,371.00
15,246.10
14,634.65
16,309.50
19,351.00
D. F. Romero, City.Engineer, recommended the low bid of M. J. Hermreck, Inc.
On motion of Councilman Miller, seconded by Councilman Graves, the City
Council accepted the low bid of M. J. Hermreck for $14,634.65. Minion
carried.
4. A report was presented from City Attorney "louse: and City Engineer Romero
regarding the request of property ownere (Robinson & Madgett) on Foothill
Boulevard for City reconsideration of terms and agreement on street widening
in view of the revised Council policy.
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City Council Minutes
May 18, 1964
Page -3-
The report is as follows:
"The parcels presently owned by the Madgetts and Robinsons were originally
owned by Mr. Compton and were a single parcel. In October, 1963, Zt. Compton
processed a minor subdivision, dividing the tingle parcel into two lots of
record subject to the condition that both parcels be improved with curb,gutter
and sidewalk and that Mr. Compton deed to the City the property included in
the setback line on Foothill Boulevard, in accordance with the policy which
had been established by the Council.
Mr. Compton, prior to fulfilling these obligations, conveyed the two parcels
separately to the Madgetts and Robinsons. The Public Works Department, in
order to complete the minor subdivision conditions, obtained an agreement from
the Madgetts and Robinsons to deed i:he setback parcel to the City and the
City agreed to install curb, gutter and sidewalks at the new setback line.
In this agreement, executed by the. Madgetts and Robinsons in March, 1964,
the Madgetts and Cobinsons were given cred-it for the existing curb, gutter
and sidewalk improvements and for the value of the setback area for one parcel,
in accordance with the City's setback policy for minor subdivisions. The
deeds and agreements were accepted by the City on April 6, 1964.
Although the Council was unaware of the above background information at its
meeting of April 6, it included the Madgetts ana Robinsons agreements in those
that should be subject to the subsequently adopted valuation policy. In the
event the Council still intends to so include these ownerships, then the
reimbursement to the Madgetts and Robinsons should be limited to the additional
valuation equal to one parcel only. Since the City's policy on minor subdivisic
is still in effect, only the value for the single parcel can be reimbursed
to the owners.
The amount would be paid jointly to the present owners as the conditions were
imposed upon the single parcel prior to its subdivision."
City Attorney Houser explained to the Council the contents of the report.
Dr. R. Dean Robinson appeared before the Council and explained his position in
asking reconsideration by the Council of his remuneration for granting his land
to the City.
City Attorney Houser again explained the conditions under which the subdivision
or lot split was allowed to Yr. Compton which was on the condition that
Mr. Compton deed the land to the City for street widening.
On motion of Councilman Graves, seconded by Councilman Miller, the recommenda-
tions of Attorney Houser and Engineer Romero were approved as submitted.
Motion carried.
8. At this time the City Council held a public hearing on the appeal of
Reynolds Construction Company from a decision of the Planning Commission in
denying their request for a rotating sign for the Texaco Station of the
southeast corner of Santa Rosa Street and Foothill Boulevard.
Mayor Davidson declared the public hearing open.
Mr. Reynolds appeared before the Council on behalf of his appeal to place a
rotating sign on the Texaco Station at Foothill and Santa Rosa Streets and
urged that the Council grant permission.
Peter Chapman, Planning Director, reported on the action of the Board of
Adjustments in granting the sign, non - rotating and the requirement of the
setback area. He continued that Mr. Reynolds appealed to the Planning
Commission in order to have the rotating provision approved. The Planning
Commission, on the basis of their policy, denied the appeal for a rotating
sign and upheld the Board of Adjustments.
Mr. Reynolds explained to the Council the proposed location of the sign,
its construction, etc.
City Council Minutes
May lo, 1964
Page -4-
Martin Polin, property owner at the Texaco station, appeared before the Council
and discussed the location of the sign with reference to the public right of
way.
Councilman Graves stated that the Council should uphold the Planning Commission'
decision and that with proper design, the station can be properly signed
without going into ro*_atA..g s -gns.
Councilman Graves moved that the decision of the Planning Commission be upheld.
Martin Polin again appeared before the Council urging that the rotating
feature of the sign be granted as this is needed in order to mark the
difference between profit and loss Cu the business involved.
U. M. Stewart, Texaco Company, stated that the proposed sign was a new design
that is being ado.sted by the Texaco Company throughout the United States and
hoped the Council would allow this modern sign.
R. Johnson, Shell Oil Dealer, urged that the Council approve this rotating
sign as a rotating sign is needed for his business and hoped that this
competition would be allowed - rotating sign.
Mr. Bennell, station operator, hoped the Council would approve the rotating
sign as it is needed for other stations as well as for his own.
Mayor Davidson declared the public hearing closed.
On motion of Mayor Davidson, seconded by Councilman Miller, that the rotating
sign be granted as long as the sign does not infringe on public way by more
than 12 square feet, and that a Covenant be filed to have sign removed at
' owner's expense cahen the street is widened.
Councilman I•iiller .lid not object to retating signs when used in connection with
business that cater to the travelling public.
Councilman Graves suggested that a committee be &I-pointed to study the matter
of rotating signs and •mtil this committee has come up with an ordinance that
the Council stick to present policy denying rotating signo.
Motion passed on the following vote:
AYES: Clay P. Davidson, Donald Q. Miller, Clell V. L;7helchel
NOES: Miss Margaret McNeil, R. L. Graves, Jr.
ABSENT: None
11. At this time the City Council continued the public hearing on Resolution 00.
1272, a resolution requiring sidewalk improvements on portions of Fixlini
and Lizzie Streets.
Mayor Davidson declared the public hearing open.
Mr. Herbert Grundell urged that the Cite Council not consider this matter any
further as under the Council rules of procedure, no further consideration can
be made by the Council of this matter, as a vote had been taken at a prior
' meeting which completed consideration by the Council.
Fred Woodbridge, High School student, forwarded a survey that determined the
number of students who walk to or from school on Lizzie Street. The survey
was taken by Mrs. Meacham's Civic class, and the result was presented to the
City Council. The survey showed that: 145 used Lizzie Street all the time,
80 used Lizzie Street sometimes which total 225 students using Lizzie Street.
Mr. Woodbridee urged that sidewalk be placed for the safety of all pedestrians
on route A up Lizzie and over Fixlini Streets.
Mr. Moyes, 1831 Fixlini Street, representing Mrs. McCord, objected to the
placement of the sidewalk as it would cost him about $27,000 to put in sidewalk
and retaining wall.
City Council Minutes
May 1E, 1964
Page . -5-
Mr. Gooding, 1719 Fixlini Street, questioned the figure presented by
Mr. Woodbridge but did agree that a large number of students do use this access
to the school. He also questioned the logic of ending the sidewalk at the
school property as it should be extended all around the school to the front door
and that full consideration be given to full improvement and this should be
done by City and School to protect the students. He objected to installation
of sidewalk as the cost of installation would be prohibitive due to topography,
etc., and urged that the Council drop this procedure at this time and make a
study of the larger area.
Mayor Davidson announced that engineering studies are being made to improve
Johnson @venue from Lizzie to the County Lospital area, so the Council is
aware of the problem.
Councilman Graves explainer Council policy in placing sidewalk throughout the
City and the metho6s employed by the City Council in placing sidewalk. Further,
the placement of sidewalk is considered on the basis of need and not financial
problems.
Jack Gooding asked if it was the plan of the Council to follow through end
request the City School Board to continue the placement of sidewalk on this
property which is an extension of Fixlini Street,
The following letter was received from R. '?. Goodell:
"Having received the City's notice of public, hearing on proposed sidewalk
improvement as affecting my property at 1453 Lizzie Street, I wish to make my
position clear.
I have no objection to the improvement. On the contrary, I think it has long
' been needed in the interests of safety - especially that of the constantly
increasing number of nigh school and junior high school students. I am
quite willing to pay my share of the cosy.
I would not have communicated with the City Council on this matter, but a
Mrs. Goode, who said she represented a group of pretesting property owners,
became so disagreeable and abusive durin.- s telephone call to me that I wish
to have my personal view on record.
If it is in order, I should like to have this letter read at Monday night's
hearing."
Mayor Davidson declared the public hearing closed.
City Attorney Houser explained the steps that the Council can now take.
The Council, in order to proceed, must, by a 4/5 vote, pass a resolution over-
ruling all protests, declaring that the Special assessment, Investigation,
Limitation and Majority Protest Act of 1931 shall not apply to the proceedings
finding that the public convenience and necessity require the improvements
described in the Notice, and ordering the Superintendent of Streets to proceed
with the improvements in accordance with Section 7350.1 of the Ymnicipal Code.
On motion of Councilman Miller, seconded by Councilman Whelchel, the following
' resolution was introduced. A resolution requiring sidewalk improvements on
portions of Lizzie Street and Fixlini.Stree�,
Resolution failed to obtain the required 4 /5ths approval on the following
roll call vote:
.AYES: Clay P. Davidson, R. L. Graves, Jr., Donald Q. Miller,
NOES: Miss Margaret McNeil, Clell W. b .1helchel
ABSENT: None
On motion of Councilman '•Ihelchel, seconded by Councilman Miller, that sidewalks
be placed on Lizzie Street from Johnson to private school road north of Fixlini
Street.
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City Council Minutes
May Igo 1964
Page 4-
On motion of Councilman !Ahelchel, seconded by Councilman Miller, the following
resolution was introduced. Resolution No. 1291, a resolution requiring side-
walk improvements on a portion of Lizzie Street.
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. 14helchel
NOES: None
ABSENT: done
On motion of Councilman Miller, seconded by Councilman Graves, the following
resolution was introduced. Resolution No. 1293, a resolution requesting side-
walk improvements on the extension of Fixlini Street and private road north
of Lizzie Street.
Passed and adopted on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr.,
Miss Margaret McNeil, Donald 0. Miller
NOES: Clell W. Whelchel
ABSENT: None
On motion of Councilman Miller, seconded by Councilman Graves, to proceed
under the 1911 ?zt for installation_ of sidewalk on the northeasterly side of
Fixlini Street.
Passed and adopter: on the following roil call vote:
AYES: Clay P. Davidson,. R. L. Graves, Jr.,
Miss Margaret McNeil, Donald Miller
NOSS: Clell W. Dhelchel
ABSENT: None
R. The following communication was received from the Scarab Fraternity:
"Upon the suggestion and recommendation of on_ of our advisors, Mr. R. L.
Graves, we the members of Scarab Fraternity propose to provide all the labor
necessary for the construction of a DIRECTIONtI. SIGN, SEAT and PLANTIZR for the
City of San Luis Obispo (as shown in Figure 1) under the following conditions:
1. The City of San Luis Obispo shall:
a. Provide all materials necessary for, or incidental to, executing and
completing the work.
b. Replace any materials, and bear all costs pertaining thereto, which,
during the course of construction, are damaged, lost, or stolen through
no fault of Scarab Fraternity.
Pending approval by the City of our proposal, we plan to commence construction
on Saturday, 23 May 1964. Based on this starting date, our projected date
of completion would be three weeks later, Saturday 13 June 1964."
On motion of Councilman Miller, seconded by Councilwoman McNeil, the request
was approved and authorization was given for expenditure of money for material.
Notion carried.
5. tx this time the City Council considered an agreement from Francis R. Scott
for a sewer easement across a portion of his property. Said agreement was
ordered received and filed.
City Council Minutes
May 18, 1964
Page -7-
6. Resolution of the Board of Supervisors - Resolution No. 199 -64, a resolution
of intention to quitclaim county property, for public highway purposes to the
City of San Luis Obispo.
D, F. Romero, City Engineer, explained that this widening would occur across
the Santa Rosa Street frontage of the Court House Annex and that he had agreed
that the widening would be completed prior to occupancy of the Annex building.
He explained that he had been negotiating with other owners on the west side of
Santa Rosa Street between the County Building and Monterey Street and had been
unable to come to an agreement on the value of the property. He requested that
the City Council 'hire an appraiser in order that the City could continue
negotiations on these parcels.
On motion of Councilman Graves, seconded by Councilman !4helchel, that the City
proceed with the widening of county property on Santa Rosa Street. Motion
carried.
9. tt this time the City Council considered a proposal from Bookman and Edmonston,
Consulting Engineers, offering their services to continue as Slater Consultants
for the period of May 1, 1964 to April 30, 1965.
On motion of Councilman 'Miller, seconded by Councilwoman D"xNeil, that the
contract be resumed with Bookman & Edmonston. Notion carried.
10. Communication from the Housing and Home Finance Agency regarding the City's
request for information for advance for public works planning program.
On motion of Councilman t- 7helchel, seconded by Councilman Graves, that the
' Mission Plaza report be forwarded and follow up with the phone call for
questions. Motion carried.
14. Communication from R. L. Banks & Associates, Inc. requesting literature which
will enlighten them as to the economic character of the community of San Luis
Obispo, its past trends, and expectations for the next ten years or so, etc.
On motion of Councilman Graves, seconded by Councilman Miller, that a copy
of the General Report, Economic Report and the R. E. R. C. report be sent to
them when they are available for distribution. Motion carried.
13. Communication from Jack i,iesterman requesting abandonment of a portion of
Venable Street northerly 15 feet and southerly 15 feet on the west side of
Chorro Street.
On motion of Councilman Graves, seconded by Mayor Davidson, that this matter
be referred to the Planning Commission for study and report to the City
Council. Motion carried.
15. D. F. Romero, City Engineer, presented plans and specifications for Cov-.1cil
approval of Street Reconstruction Program, Phase "M", Part 5.
On motion of Councilman Miller, seconded by Councilman Whelchel, the Council
accepted the plans and specifications and authorization was given to call for
bids. Motion carried.
' 16. Communication from the State Compensation Insurance Fund forwarding the City a
dividend check in the amount of $6,154.04, representing a refund of 327. on
the Workmen's Compensation Insurance premium paid for the 1963 policy year, was
ordered received and filed.
17. Communication from Mrs. Elmer Brown, Jr., Secretary of the San Luis Obispo
County Mental Health Association, regarding a fund raising event scheduled by
their association for Wednesday, May 12, 19664, was ordered received and filed.
18. Communication from the Chamber of Commerce informing the City Council that
Memorial Day Services will take place on the 30th day of May at 10:00 A. M.
at the Odd Fellows Memorial Cemetery, was ordered received and filed.
City Council Minutes
May 18, 1964
Page -8-
7uarterly financial report of the San Luis Obispo Chamber of Commerce, was
ordered received and filed.
20. Communication from the Civic and Fine Prts association expressing their
appreciation to the City Council for its continued interest in their efforts
to secure a Civic and Fine Arts Center for the San Luis Obispo community,
was ordered received and filed.
21. Claim from Mr. & Mrs. Thomas Weatherman for damages to sewer line, was
referred to the City's insurance carrier on motion of Councilman Graves,
seconded by Councilwoman McNeil.
22. On motion of Councilman Miller, seconded by Councilman Graves, the following
resolution was introduced. Resolution No. 1290, a resolution increasing the
1963 -64 budget. (Account iJo. 200.9, General Government - Insurance and Bond
Premiums, be increased by $3,100.00 and Acccunt No. 200.18, General Government-
Animal Control Program, be increased by $600.04, and that the Unbudgeted
Reserve be decreased by $3,700.00)
Passed and adopted on the following roll call vote:
AYES: Clay F. Davidson, R. L. Graves, Jr., Uiss Margaret McNeil,
Donald Q. Miller, Clell 4,. Whelchel
NOES: None
ABSENT: None
23. Communication from the Division of 11ighways notifying the City Council that
' a preliminary presentation for possible alternate locations for state highway
ffl. This information to be presented to the Council prior to the regular
public hearing to be held at a later date. The preliminary presentation will
be held on June 1, 1964.
24. Communication from the Red Barn Theater, a summer stock company, who intend
to take over the San Luis Obispo Little Theater building for the summer, 1964,
to put on summer stock plays and olio acts for public entertainment. The
organization requests Council permission to use a flat bed truck to patrol
the downtown area in the early evening advertising the up- coming performance
and also requests permission to place a banner across the downtown street or
streets advertising the performances.
On motion of Councilman Graves, seconded by Councilman Miller, that the
request to use a truck advertising the plays be approved subject to the
approval of the Police Chief. Motion carried.
On motion of Councilman Graves, seconded by Councilman Miller, that the request
to place a banner over the street or streets be denied. Motion carried,
Mayor Davidson voting no.
25. Communication from Spelman B. Collins and Hary N. Collins requesting an
exception to the standard regulation regarding the driving ramp and requesting
that a 33 to 35 foot ramp be allowed.
D. F. Romero, City Engineer, explained the situation at the Collins property
on Bond Street.
1. On motion of Councilman Graves, seconded by Councilman Miller, that the
exception be granted and allow 33 to 35 foot driveway ramp. Motion carried.
2. On motion of Councilman Miller, seconded by Councilman tdhelchel, that the
City Engineer be instructed to see if staff can talk to property owners on
Bond Street into placing sidewalk when cu.*bs and gutters are installed.
Motion carried. Councilman Graves disqualified himself as he is an interested
party in property on Bond Street.
3. On motion of Mayor Davidson, seconded by Councilman Miller, that the
Council establish a policy that three (3) year loan payments be only allowed
when full curb, gutter and sidewalk improvements are completed.Motion carried.
City Council Minutes
May 139 1964
Page -9-
Councilman Graves disqualified himself as he has an interest in property
on Motley Street.
26. On motion of Mayor Davidson, seconded by Councilman Miller, the meeting
adjourned at 10:30 P. pL to Friday Noon, May 22, 1964, at the Motel Inn.
Motion carried.
Approved: June 1, 1964
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. MrPATRICK, CITY CLERK