HomeMy WebLinkAbout09/21/1964REGULAR FETING OF CITY COUNCIL
September 21, 1964 - 7:30 P.M.
CITY HALL
Roll Call
Present: Miss Margaret McNeil, Donald 1. Miller, Clell W. Whelchel
Absent: R. L. Graves, Jr., Clay P. Davidson
City Staff
Present: P. Chapman, Planning & Building Director; J. H. Fitzpatrick,
City Clerk; W. Flory, Superintendent of Parks & Recreation;
W. M. Houser, City Attorney; R. D. Miller, Administrative
Officer; D. F. Romero, City Engineer; W. Schofield, Police
Chief; J. Wainscott, Fire Battalion Chief.
The minutes of August 31, 1964, were held over.
On motion of Councilwoman McNeil, seconded by Councilman Miller, the claims against
the City for the month of September, 1964 were approved subject to the approval of
the Administrative Officer.
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1. Mr. M. E. Willeford, Independent Auditor, appeared before the City Council
and presented the 1963 -64 audit reports of the City's records including the
Water Report, Sewer Report, and report of the Parking District #1.
Mr. Willeford briefly explained the audits prepared and thanked the Council
for the opportunity of serving them in this assignment.
On motion of Councilwoman McNeil, seconded by Councilman Whelchel, the audits
were accepted and ordered received and filed.
2. City Council to submit and consider names for appointments to the Human
Relations Commission, was held over.
3. The following letter was received from Arthur Happood, Vice President of
Central California Communications Corporation, on progress of CATV
installation in San Luis Obispo:
"This is a report as requested last Monday concerning the protest filed by
FCOY -TV Santa Maria to block cable service to the City of San Luis Obispo.
As previously reported, the owners of Channel 12 agreed
August 1st to dismiss this protest if we would agree to
on the Cable TV systems in Paso Robles, San Luis Obispo
We agreed to this condition, and they agreed to sign an
result in a dismissal of the protest before the Federal
Commission.
in a meeting on
carry Channel 12
and Arroyo Grande.
agreement which would
Communications
On Wednesday, September 16th, they finally signed this agreement and mailed
copies to the Channel 12 F. C. C. attorney, Richard Hildreth, Esquire in
Washington, and copies to me.
As of noon today, Washington time, these agreements had not been filed with
the Federal Communications Commission, but hopefully they will be filed this
week, and then it will be up to the F. C. C. to make a final determination
on our request for service from Golden West Communications.
We are very optimistic and hopeful that this will be granted within 30 days.
In the meantime we are continuing our construction and all efforts to
provide maximum quality service at the earliest possible date, to our
Cable TV System in San Luis Obispo.
May we take this opportunity to express our appreciation for your efforts in
this matter."
City Council Minutes
September 21, 1964
Page -2-
7. At this time a progress report was presented on the annexation request
by Maino Development Corporation.
City Attorney Houser presented his report on various alternatives to
annexation of the Maino parcel to the City. (see report of William Houser,
dated September 21, 1964)
Mr. Maino stated that he would approve the suggestions that the City proceed
with the annexation but asked that he be allowed to begin construction
immediately so that his principals will not be held up in opening their
business. He would agree to any and all City regulations in order not to
hold up the beginning date of construction.
On motion of Councilman Whelchel, seconded by Councilwoman McNeil, that the
City initiate annexation as outlined by City Attorney Houser. motion
carried.
On motion of Councilwoman McNeil, seconded by Councilman Miller, that the
request of T. C. Maino to start construction while in the County under City
standards be referred to the Planning Commission. Motion carried.
X. Planning Director Chapman brought up for clarification the Council's feeling
on the development of the proposed parking lots on Monterey Street across from
the Mission and Miseum and he recommended that only the thirteen (13) permanent
and sixteen (16) temporary spaces be constructed. He estimated the cost of
$8,000 for thirteen (13) permanent spaces or $14,000 iar thirteen (13)
permanent spaces and sixteen (16) temporary spaces.
Administrative Officer Miller stated he understood that the whole lot was to
1 be developed as a permanent lot consisting of twenty nine (29) spaces with
part to be removed in the future if the Council so desired, as the immediate
need was for customer parking.
Mr. Chapman stated he objected to putting the whole lot in for permanent
parking as it would most likely not be removed in the future and was not
planned for in his proposal for the Mission Plaza Development.
City Engineer Romero explained that the plans prepared under the supervision
of Mr. Chapman called for exposed aggregate sidewalk on Monterey Street,
construction of a planter which would encroach 2' into the sidewalk area,
and removal of an attractive jacaranda tree. He suggested that these
particular items be reviewed by the Council prior to approval of the plan.
Councilman Whelchel stated he beli?ved that the lot should be put in with
permanent improvement which could be taken out at a later date if the Council
so desired.
Vice -Mayor Miller agreed that the lot should be put in on a permanent basis
as it might not be removed by the City for four or five years.
Councilwoman McNeil suggested that the matter be held over until the full
Council was present.
Mr. Chapman warned the Council that they might lose money, as the construction
of the entire Mission Plaza Plan will be completed in three (3) years and he
hoped the Council would have the courage to proceed on his suggested plan.
The matter was held over to the next meeting.
9. At this time the Council committee studying the installation of certain
subdivision improvements using assessment district procedures made their
report:
"The Council Committee studying the matter of installing subdivision
improvements by means of assessment districts has held several meetings
including two with Mr. Skinner. In addition, the last meeting was attended
City Council Minutes
September 21, 1964
Page -3-
by representatives of Stone & Youngberg, financial consultants, and Kirkbride,
Wilson, Harzfeld and Wallace, attorneys specializing in assessment district
proceedings.
The Committee has concluded that under certain conditions, assessment district
proceedings would not be detrimental to the City. It is strongly felt that
local type in -tract improvements should not be financed in this manner, but
the use of assessment district procedures should be confined to major sewer
and water trunk lines, drainage structures, and major streets, etc., where
the raw land is not being developed immediately with homes or individual
residential lots and where, because of the extensive distances involved,
the costs can more properly be charged against the subdivider's subsequent
development of the raw land.
Mr. Skinner proposed to develop Los Osos Road, Royal Way, Perfumo Canyon
Road and a street which will probably be called Marina Drive, making a loop
on the east side of Los Osos Road along the lake frontage and connecting with
Perfumo Canyon Road. There would also be some major drainage improvements
and possibly public recreational lake improvements on the marina. Probably
there would be one bond covering each large parcel of approximately ten
acres. According to Mr. Skinner's statement, he would plan on paying off
each bond prior to any subdividing. .
The subdivision improvements would most likely be financed on an interim
basis by Mr. Skinner and a subdivision agreement would be executed with the
City, very similar to ones in the past, with a filing of an inspection fee
deposit, performance bonds and so on. After the improvements had been
installed, bonds would be sold and Mr. Skinner would be reimbursed for the
cost of the improvements. In the event he encounteres difficulty in
arranging interim financing, he would like to reserve the right to
Initiate the bonding procedures earlier and secure the proceeds of the bonds
to assist in financing the improvements.
Prior to a formal resolution of intention to proceed, Mr. Skinner would like
an informal resolution by the Council that they approve, in principal, the
use of bond financing procedures for the off -tract improvements proposed by
Mr. Skinner, providing that normal procedures will be followed in the
processing and approval of his proposed development plans. It is the
recommendation of the Council Committee that the Council pass such a resolution.
The Council and Staff discussed the Council Committee's recommendation on the
use of special assessment procedures for installing major facilities.
City Engineer Romero suggested that it would be more appropriate for the Council
to adopt a general criteria which could be applied to all subdividers thus
allowing the Public Works and Planning Department to negotiate with developers
at a preliminary stage with some reasonable knowledge of the City participation
in assessment district financing.
Administrative Officer Miller said the Council was considering this develop-
ment on its individual merits, and as he understood the intent, this was not
to set a precedent for all subdivision developments. Extenuating circumstances
and unusual out of tract improvements were important factors in arriving at a
decision to recommend the use of assessment district procedures in this case.
Mr. Skinner had been cooperative in modifying his initial request to eliminate
In-tract improvements. He had also agreed to pay off each bond before the
parcel was re- subdivided. This would avoid the problem of segregations and also
the problem of "communications" with individual home or lot buyers.
Vice -Mayor Miller explained for the public present just what Mr. Skinner was
proposing for development with the use of special assessment financing.
The matter was held over to October 5, 1964.
6. At this time the City Council continued its public hearing on the appeal of
Shell Oil Company to allow a rotating sign at their service station at
Marsh and Carmel Streets.
City CN=Ll
September 21, 1964
Page -4-
A. Report by the Council Committee on signs, recommending conditions for
granting use permits for rotating and flashing signs.
B. Appeal of Shell Oil Company on denial of their application for rotating
sign.
C. Communication from the Planning Director regarding the appeal of Shell
Oil Company
The matter was held over to October 5, 1964, at the request of the Shell
Oil Company.
4. At this time the City Council held a public hearing on the proposed
Swimming Pool.Ordinance for the City.
Vice -Mayor Miller declared the public hearing open.
Planning Director Chapman presented the proposed ordinance and explained
its provisions.
Vice -Mayor Miller declared the public hearing closed.
On motion of Councilman Whelchel, seconded by Councilwoman McNeil, the
following ordinance was introduced. Ordinance No. 292, an ordinance
providing minimum standards to safeguard health, safety and public welfare
by regulating swimming pools.
Introduced and passed to print on the following roll call vote:
AYES: Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: Clay P. Davidson, R. L. Graves, Jr.
B. Report from the Taxi Cab Committee on complaint of the Yellow Cab Company
that A & M Cab Company is operating in violation of the Municipal Code in
charging rates other than those approved by the City Council.
The following report was received:
"The Taxi Cab Committee recommends that the Council set a date for hearing of
the charges of rate cutting by the A & M Cab Company that have been made by
a representative of the Yellow Cab Company.
A letter from Mr. Hathway indicates that the Yellow Cab Company can prove
in excess of 100 instances of rate cutting and claims that the practice
continues to exist.
It would be advisable that both parties be given at least ten days prior
notice to enable them to bring their counsel, witnesses and evidence to the
hearing."
Councilman Uielchel suggested that the matter of the hearin- be helc: u;: until
the -resent law suit hr.;; been settled �y'tt-:e Superior Court but that the
C- ) —_ttee would reco=L: nd that the taxi cab :,rdinance be amended to r�quirc.
the installation of meters in all cabs, etc.
On motion of Councilman Whelchel, seconded by Councilwoman McNeil, that the
City Attorney prepare an ordinance for October 5, 1964. Motion carried.
10. Report from Councilmen Miller and Graves recommending relaxation of the City
policy on street widening, was held over until the meeting of October 5, 1964.
11. Report of the Council Committee on the matter of providing Christmas
decorations in the downtown district, was held over to the meeting of
October 5, 1964. (Councilman Whelchel and Mayor Davidson)
City Council Minutes
September 21, 1964
Page -5-
12. At this time the City Council discussed the replacement of the driveway
ramp at 1213 Bond Street.
' City Engineer Romero explained that the driveway installation at the Price
property meets City standards adopted by the City Council. The standard
provides for protection of the private property from storm water runoff
from the street and provides a safe sidewalk section. The transition behind
the driveway meets Planning Commission standards adopted in 1962. The
present driveway will allow any standard American car to drive into the
carport without dragging. Mr. Romero pointed out that any modification of
the driveway would either create an undesireable storm drainage, sidewalk
depression, or would create a situtation where a car might drag on the
driveway. He recommended that the City standard be followed and that the
present improvement remain.
Vice -Mayor Miller moved that the City Engineer be instructed to prepare plans
for revision of the Price driveway at City expense so that the driveway
can be used by all Price equipment.
Motion lost for the lack of a second.
The matter was held over to October 5, 1964.
13. The City Council discussed whether or not the City should trim trees and
shrubbery growing in creeks and encroaching on private property.
Report from City Engineer Romero regarding the above matter: (see
report of D. F. Romero dated September 14, 1964.)
Vice -Mayor Miller disagreed with this approach and stated that he believed
that the City should do some of these small things for the public without
making a big issue over minor questions of policy like this.
Report was received and filed.
5. At this time the City Council held a public hearing on the recommendation
of the Building Construction Board of Appeals recommending that the City
Council adopt the 1964 Edition of the Uniform Building Code and the 1964
Uniform Plumbing Code.
Vice -Mayor Miller declared the public hearing open.
Jim Bean, San Luis Obispo County Building Contractors 6ssociation,
congratulated the Council and Staff on their foresight in adopting these
codes.
Dennis Wheeler. General Contractor, questioned Section 2517 and suggested
that the section be amended to read, "required footings ".
Planning & Building Director Chapman asked the Council to pass the ordinance as
recommended by the Board of Appeals.
This matter was held over to October 5, 1964 at 5:30 P. M.
14. Report by the City Attorney on the cost of condemning the property at the
corner.of Chorro and Monterey Streets, was ordered received and filed.
(see report dated September 21, 1964 from William Houser, City Attorney)
15. Further consideration of proposal by D. Jackson Faustman for Orcutt Road
grade separation study, was held over.
16. Petition from the Laguna- Lakewood Homeowners Association requesting the
appointment of a Council Committee to work with the Association and the
developer to resolve the insect and weed problem at Laguna Lake.
City Council Minutes
September 21, 1964
Page -6-
The petition read as follows:
"The undersigned members of the Laguna- Lakewood Homeowners Association
respectfully petition the City Council of the City of San Luis Obispo to
take action to control the weeds and insects in Laguna Lake.
We suggest the following action:
1. The appointment of members of the City Council and members of City
Departments to work with representatives of the Laguna - Lakewood Homeowners
Association and the developers.
2. The committee obtain recommendations from experts at Cal Poly, the
California Department of Public Health, Department of Fish and Game,
the San Luis Obispo City Engineer and possibly private consultants.
3. The committee study the recommendations of experts and submit a report
and recommendations to the City Council.
Under receipt of the committee report we would hope that the City Council
would participate in a control program as a large portion of the surface
and subsurface weeds is on land or in the lake owned by the City. As the
first step in this program, we respectfully request that the City appoint
members to meet with members appointed by Laguna - Lakewood Homeowners
Association."
Richard D. Miller, Administrative Officer, said that farm advisor's office
had called several weeks ago saying that they were somewhat alarmed by a
report that someone was planning on using an insecticide which might be
detrimental to fish life and animals. He suggested a joint study with
fish and game and health department representatives. Mr. Miller had suggested
they work with Bill Flory representing the City.
W. E. Flory, Park & Recreation Superintendent, stated that the weed and insect
control has always been prevalent in that area and the only thing new in the
area was the subdivision. He stated that the use of insecticide would have
to be done with care for the safety of persons, animals and fish around and
in the lake, and that the cost to control the weeds would prove to be very
costly due to the shallowness of the lake. He also stated that there should
possibly be a certain type of fish stocked in the lake.
Mr. Flory stated that the lake was not owned by the City alone, but by the
property owners too. This insect and weed problem would involve the City,
County, State and property owners.
Ray C. Skinner urged the appointment of a Council Committee to study the
problems and make recommendations to the Council to solve this problem.
On motion of Councilman Whelchel, seconded by Councilwoman McNeil, that the
Vice -Mayor appoint a Council Committee to meet with the Association and
developer as requested. Motion carried.
Vice -Mayor Miller appointed Councilmen Miller and Graves as a Council Committee
to meet with the Association and the developer.
17. Communication from David F. Romero, City Engineer, forwarding a proposal from
Traffic Appliance Corporation, manufacturers of Duncan Miller meters, to
supply the City with 170 meters at the same price as the last bid and that
payment may be deferred until 30 days after the close of the present fiscal
year, was held over until October S, 1964.
18. Traffic Committee Report of September 11, 1964
64 -9 -1T The P. G. & E. Company has proposed that the existing 10,000
lumen incandescent street lights from Santa Rosa to the Motel Inn on
Monterey Street be replaced with 21,000 mercury vapor lights. There would
City Council Minutes
September 21, 1964
Page -7-
be no additional charge to the City for this increased lighting. We
recommend that the City Council authorize the City Engineer to order
this improvement.
64 -9 -2T We also have a proposal from 'the P. G.& E. Company for installing
22 8,000 mercury vapor lights on Foothill Boulevard in accordance with a
plan which Mr. Romero has on hand. The additional cost per month would be
$15.70. We also recommend this improvement.
64 -9 -3C The Traffic Committee has met with Judge Lyon in regard to the
speeding problem on Crandall Way at Foothill and feels that the following
steps should be taken to help the problem:
1. A stop sign be installed on Crandall Way at Foothill, stopping south
bound traffic at Foothill.
2. Sidewalks, curbs and gutters be installed where they do not exist on
north side of Foothill between Crandall Way and California Boulevard.
Judge Lyon is in favor of these sidewalk improvements.
64 -9 -4T The Traffic Committee recommends that a 12 minute green parking meter
zone be installed in the first space north of the Monterey Street intersection
on the west side of Osos, in front of Paul's Cleaners. There is a red zone
running two or three car spaces from the corner and this would replace the
existing two hour meter north of the red zone.
64 -9 -5T An obstruction to visibility has been noted at the easterly corner
of Johnson Avenue and Laurel Lane. However, there is a stop sign at this
location, and there is some question as to whether or not the trimming of the
shrubbery down to the three foot height would do much good because cars must
travel into the Johnson intersection in order to achieve visibility anyway.
Councilman Graves would like to discuss the ramifications of this with the
Council.
This item held over.
64 -9 -6T There has been some problem with south bound motorists on Santa
Rosa being unaware of the Mill Street traffic signal even though there is a
yellow sign coming up the hill reading "Signal Ahead." It is therefore
suggested that the yellow flashing signal formerly in place just north of
the Santa Rosa - Monterey intersection be installed on Santa Rosa in the
vicinity of Peach Street.
64,9 -7T The Traffic Committee feels that a crosswalk should be installed
across Branch Street west of Broad Street.
64 -9 -8T The Traffic Committee also feels that the Council should request
that David Romero make a study of the feasibility of installing curb, gutter
and sidewalk improvements on Branch Street between Broad and Story Streets
leading to the Hawthorne School. There is also a problem at the rear of the
Hawthorne Market with trucks parking at right angles to the building and
into the street, making it difficult for school children to pass. We feel
that the curb, gutter and sidewalk installation at this location would
prevent the trucks from engaging in this practice.
Traffic Committee Report of September 18, 1964.
64 -9 -9T The Traffic Committee has had a request for an additional green
space in front of the New Park Grocery on Osos Street near the corner of
Pismo. We see no objection to such an additional space, which will make
a total of three in front of the store. This would be on the west side
of Osos, extending in a southerly direction from the existing two green spaces.
City Council Minutes
September 21, 1964
Page -8-
64 -9 -1OT Councilman Graves had received a complaint about trucks double
parking in Parking Lot #6 behind the Anderson Hotel and blocking automobiles.
However, in checking with the Police Department and other observers, it
appears that this is very infrequent. The Traffic Committee has asked
the Police Department to observe this more closely and if there is an
occasional problem, the parking enforcement officers are to do what they
tan to alleviate the problem as it occurs.
On motion of Councilman Whelchel, seconded by Councilwoman McNeil, the
following resolution was introduced, approving Items 3C (2), 4T, and 9T.
Resolution No. 1334, a resolution establishing stop sign on Crandall and
one 12 minute green zone on Osos Street.
Passed and adopted on the following roll call vote:
AYES: Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: Clay P. Davidson, R. L. Graves, J.
19. At this time the Council considered the approval of a sign encroachment permit
for a farm labor sign for the State Department of Employment on the City
Sewer Farm.
On motion of Councilman Whelchel, seconded by Councilwoman McNeil, the
encroachment was approved and the Mayor was authorized to sign said encroach-
' meat on behalf of the City. Motion carried.
20. Request from Carolee Fisher for a leave of absence from November 1, 1964
to January 1, 1964.
On motion of Councilman Whelchel, seconded by Councilwoman McNeil, the request
was approved.
21. Communication from the City Planning Commission recommending the rezoning
from R -1 to R -3 for property on Montalban and Lemon Streets. The matter
was set for public hearing by the City Council for October 5, 1964.
22. The sewer and water easement matter on Lower Higuera Street for the Soules was
held over to October 5, 1964.
23. On motion of Councilman Whelchel, seconded by Councilwoman McNeil, the Quit-
claim Deed from the County of San Luis Obispo to the City of San Luis Obispo
conveying property for public highway purposes for Johnson Avenue widening,
was approved and the Mayor was authorized to sign same on behalf of the City.
Motion carried.
24. On motion of Councilman Whelchel, seconded by Councilwoman McNeil, the meeting
adjourned to 8:30 P. M., Tuesday, September 29, 1964. Motion carried.
Approved: October 19, 1964
H. F PATRICK, CITY CLERK