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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. --------------------- - ------- - --------------- - ... - ----- - -- - .................... - - -- 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