HomeMy WebLinkAbout10/19/1964REGULAR MEETING OF CITY COUNCIL
October 19, 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 McNeil,
Donald Q. Miller, Clell W. Whelchel
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; W. Schofield, Police Chief;
E. P. Thompson, Water Superintendent; J. Norton, Police
Sergeant.
On motion of Councilman Graves, seconded by Councilman Whelchel, the minutes of
August 31.- September 8, 149 21 and 29, 1964, were approved.
On motion of Councilman Miller, seconded by Councilwoman McNeil, claims against the
City for the month of October, 1964, were approved subject to the approval of the
Administrative Officer.
Al. Communication from the Farm Management Club requesting permission to have
their annual curb painting project to raise money for the "Gus Beck Scholar-
ship Fund ".
On motion of Councilman Miller, seconded by Councilwoman McNeil, permission
was granted. Motion carried.
A2. Communication from the Business and Professional Women's Club of San Luis
Obispo, inviting the Mayor to attend the annual Public Affairs dinner to be
held Wednesday, October 21st, 1964 at 7:30 P. M. at the Elks Club, and the
Mayor asked that whichever Councilman would be available, would he represent
the City at this event.
A3. Mayor Davidson suggested that a committee be appointed to meet with Pismo
Beach to cooperate in the possibility of having the World's Fair at Pismo
Beach as the Pismo Chamber has asked cooperation from all adjoining communities.
On motion of Councilman Graves, seconded by Councilwoman McNeil, that the
Mayor appoint a committee and the Mayor be one of the members. Motion
carried.
1. On motion of Councilman Miller, seconded by Councilman Whelchel, the Grant
Deed and Agreement from Douglas Oil Company of California, for street
widening was accepted. Motion carried.
2. On motion of Councilman Graves, seconded by Councilman Miller, the following
pay estimates were approved:
Triad Piping & Construction Company
Whale Rock Pumping Plant Addition Est. #6 $6,345.12
Est. #7 (final) $2,828.00
(100% complete)
R. D. Miller, Administrative Officer, explained the financial problem on
this matter.
He stated that Triad Piping & Construction Company could not complete work
earlier until new water plant neared conclusion. Final payments were held
up but money was not re- budgeted. It was suggested that final contract
payments be taken out of capital outlay account and Whale Rock Commission
be approached on replenishing these moneys as needed to carry out budgeted
program for 1964 -65.
City Council Minutes
October 19, 1964
Page -2-
3. At this time the City Clerk,
Foothill Boulevard Widening
They were as follows:
Madonna Construction Company
Ted Watkins Construction Com;
Howie 6 Shelton
J. H. Fitzpatrick, reported on bids received for
- La Entrada to South Tassajara.
$9,570,48
.)any $8,271.83
$7,584.55
D. F. Romero, City Engineer, explained reasons for the high bids and
recommended that the low bid be accepted.
Mayor. Davidson suggested we proceed and not delay this project.
On motion of Councilman Miller, seconded by Councilman Graves, that all bids
be rejected. Motion carried, Mayor Davidson voting no.
4a. At this time the City Clerk, J. H. Fitzpatrick, reported on bids received for
motor vehicles for the City. They were as follows: (see following page)
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City Council Minutes
October 19, 1964
Page -4-
Motor Vehicle Bids for 1964 (Continued)
DEVIATIONS:
Hysen- Johnson Ford
Items 1, 2, 3, 4, interior to be beige, tires to be 8 ply.
Item 8 - tires to be 8 ply 775 x 15
Mel Smith Chevrolet
Items 1, 2, 3, and 4 - Model Bid, Standard Chevrolet, Biscayne, Wheelbase
119 "; Engine 327 cu. in; 230 H. P.; Tires 7.75 x 15 - 8 ply; Transmission -
3 element torque converter, 3 position - 2 speeds forward and I reverse.
Item 8 - 1 - 7000 lb. front axle, 2 - 20 x 6.5 6 hole budd wheel - disc. 3 -
Mico - lever control - brake lock.
Item 9 - 1, Model Bid - Bel Air - 119" wheelbase #15569, 2 - Transmission
3 - .element torque converter; 2 speeds forward,l reverse, 3 tires - 7.35 x
14 4 ply nylon - 4 ply rating.
Item DELIVERY DATE SUBJECT TO SETTLEMENT OF G. M. STRIKE.
Standard Motors
No deviations
Stanley V. Cole
I -.if transistorized ignition
2 - other deviations listed as
delivery after five days accept
acceptance. Item #5 - 225 cu.
7.10 x 15 4 ply tires 7.175 x
Item #6 - 225 cu. in. engine 6
not wanted, deduct $54.00 from cars (police)
follows: Items 1 through 7 - 45 to 60 days
:ante, Item #8 - 60 to 75 days delivery - 5 day
in. y cyl valve in head engine, 140 h. p.
15 not yet available for exchange.
cyl v. i. h. 140 h. p., 7.10 x 15 4 ply tires
(same as above) 122 in. wheelbase with 8 ft, bed (sweptline)
Item #7 - 225 cu. in. engine 140 h. p. 7.10 x 15 6 ply tires, back up lites
manual operated switch, automatic switch not available with 4 speed
transmission.
Specifications for Item #8 - D600 - V8 - 157" wheelbase
G. V. W. 233000 lb.
7 - 8.25 x 20 10 ply tube tires and wheels
Anti freeze, 46 amp alternator, fresh air heater and defroster, 7,000 lb, frt.
axle, 3,000 lb. frt. springs, 8,000 lb. rear springs, 17,000 lb. rear axle
2 speed (ratio to be specified), 318 - 2 v 8 engine with 12" clutch and engine
governor, frame reinforcement, 1,000 cu. in. vacuum reserve tank, 92" vacuum
brake booster, micro lock, right sun visor, turn signals w /traffic hazzard
warning switch, west coast type mirrors, spotlights, Garwood body as specified,
5 year /50,000 mile warranty.
This vehicle is 2 ton higher nominal rating than specified, but is the opinion
of our factory engineers that it will do a better job with less maintenance.
Kimball Motor Company
No definite delivery dates can be made until conclusion of strike by General
Motors. Approximate delivery date will be given as soon as possible.
Stanley Motors Company
1 - engine in excess by 10 h. p. (230 h. p. - 318 cu. in. in V -8 valves in head)
2 - interior tan only (on police cars) tan vinyl
3 - wheelbase in excess by P (w.b. 116 ")
4 - Roof reinforcement and wiring sufficient to meet all spec's roof braced
on first bow and 12 ga wire
5 - "A" post mounted spot lights
6 - delivery 30 to 45 days from receipt at factory of purchase order
4b. The following report was received from W. M. Houser, City Attorney:
"Subject: Failure of bidder to accompany bid with required check or bidder's
bond as set forth in Notice to Bidders
Conclusion
The City Council can waive this defect if it so desires.
City Council Minutes
October 19, 1964
Page -5-
Rationale
The only Charter requirement for a bid deposit in the form of a certified or
cashier's check or bidder's bond applies to public works in excess of $2,000.00
(Section 1208, San Luis Obispo City Charter). Government Code Section 37931
et. seq. also applies to "public projects," which does not include general
supplies and equipment for the City. In both cases, the 10% deposit is
established as a penal sum to be forfeited in the event the successful bidder
fails to execute the contemplated formal contract.
Government Code Section 54202 governing procedure by General Law cities pro-
vides that local agencies shall, by ordinance, adopt policies and procedures
including bidding regulations, for purchase of supplies and equipment. The San
Luis Obispo City Charter has no such requirement.
The plans and specifications under question were formally approved by the City
Council prior to their advertising, and included a provision that each bid
must be accompanied by the check or bond, "which sum shall be forfeited to the
City of San Luis Obispo if the bidder refuses to enter into the contract for
purchase of the above equipment or fails to deliver said equipment within the
time specified after entering into such contract." Since formal execution
of a contract is not contemplated, the forfeiture provision could only be
applied to a failure to deliver.
Such penal deposits are strictly construed against the party demanding the
deposits since the courts do not feel that the injured party is entitled to
any more or less money than the actual damages they h --tea suffered. The courts
do, however, declare that if properly set forth, the cities can require a
penal sum because of the difficulty of ascertaining the damages caused by
1 the delay, re- advertising, etc.
Since neither the City's Charter, ordinances, resolutions, nor State law
requires such deposit, it is a matter of administrative policy to be deter-
mined by the Council whether such requirement should be waived.
Obviously, the City on the one hand would not want to encourage bidders to
intentionally omit a bidder's bond to be supplied only in the event said bidder
was ].ow and also, the Council should consider the fact that other bidders, in
reliance on the specifications, did submit the required check or bond. On
the other hand, the provision.is primarily for the protection of the City and
could be waived if the Ccsncii so desires, or acceptance could be conditioned
upon prompt furnishing of the required check or bond.
In reviewing this matter with the Administrative Officer, we both agree that
shortly we will submit a formal procedure on purchasing of supplies and
equipment for the Council's review and approval, and will more thoroughly
consider the advantages and disadvantages of bidder's bonds on certain types
of purchases."
Richard D. Miller, Administrative Officer, explained the low bids and tae
preference of the Police Department for plymouths.
Stan Cole appeared before the Council and explained that his bond carrier had
informed him that the Bond he had purchased was good for one year, but upon a
further check he found out that a separate Bond must be gotten each time a
bid is submitted.
On motion of Councilman Graves, seconded by Councilman Miller, that the lcw
bid be accepted and Mr. Cole is to file the necessary Bond or deposit and
accept all low bids. Motion carried.
5. On motion of Councilman Whelchel, seconded by Councilman Graves, Ordinance
No. 293, an ordinance requiring meters on Taxi Cabs, was introduced for
final passage.
Mayor Davidson declared the public hearing open.
Mayor Davidson declared the public hearing closed.
City Council Minutes
October 19, 1964
Page -6-
Ordinance No. 293 finally passed on the following roll call votE:
AYES: Clay P. Davidson, R. L. Graves, Jr.. Miss Margaret McNeil,
Dcnald Q. Miller, Cleii W. 1raelchel
NOES: :done
ABSENT: None
6. On motion of Councilman Graves, seconded by Councilwoman McNeil, the following
ordinance was introduced for final passage. Ordinance No.. 294, an ordinance
adopting the 1964 Uniform Building Code and 1964 Uniform Plumbing Code with
amendments.
Mayor Davidson declared the public hearing open.
Mayor Davidson declared the public hearing closed.
Ordinance No. 294 finally passed on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
7. On motion of Councilman Graves, seconded by Councilman Miller, the following
ordinance was introduced for final passage. Ordinance No. 295, an ordinance
rezoning Lalande property from R -2 to R -3.
Mayor Davidson declared the public hearing open.
Mayor Davidson declared the public hearing closed.
Ordinance No. 295 f�naliy passed on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald 0. Miller, Clell W. Whelchel
NOES: -None
ABSENT: None
8. On motion of Councilman Miller, seconded by Councilwoman McNeil, the following
resolution was introduced. Resolution No. 1338, a resolution increasing the
1964 -65 Budget and authorizing execution of agreement with State Personnel
Board.
Passed and adopted on the following roll call vote:
1 AYES: R. L. Graves, Jr., Miss Margaret McNeil, Clell W. Whelchel
NOES: Clay P. Davidson
ABSENT: None
9. On motion of Councilman Graves, seconded by Councilman Miller, the following
resolution was introduced. Resolution No. 1339, a resolution creating
revolving account for South Higuera Assessment District.
Passed and adopted on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald 0. Miller, Clell W. 1,&elchel
City Council Minutes
October 19, 1964
Page -7-
NOES: None
ABSENT: None
10. On motion of Councilman Graves, seconded by Councilman Miller, the following
resolution was introduced. Resolution No. 1342, a resolution increasing the
1964 -65 Budget. (Account No. 900.5)
Passed and adopted on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald 0. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
11. At this time the City Council held a discussion of purchase of water from
Army Corps of Engineers by Water Works District No. 6, Santa Margarita.
R. H. Born, County Hydraulic Engineer, appeared before the Council on behalf
of Water Works District No. 6 that wishes to purchase up to 200 acre feet of
water from Salinas Reservoir on the same oasis that the City of San Luis
Obispo pays for its water from the Salinas Reservoir. He then presented a
draft of a proposed letter of approval from the City of San Luis Obispo to
' the U. S. Army for the County Water District No. 6 request.
Mr. Born stated he was authorized by the Board of Supervisors to negotiate with
the City Council.
Mr. Born explained how the actual connection by Water Works District No. 6
to the pipeline at Santa Margarita pump station would be made.
On motion of Councilman Graves, seconded by Mayor Davidson, that the matter
be referred to Mr. Edmonstor., Mr. Houser and Mr. Thompson for study and
report of recommendation for the Council's consideration. Also, that trey
submit an alternate agreericnt for the City to sell water to other users such
as Water Works District- No.6 & protect the City's rights to Salinas water.
The report to be submitted to the Council by November 16, 1964.
12. At this time the City Council held a public hearing on the report of the
Superintendent of Streets for sidewalk construction.
A. NAME LOCATION OF WORK COST
Lucille E. Catteral 182 Foothill Blvd. (Patricia
Drive side) $447.00
K. J. & J. E. Rodman 140 Cuesta Drive $137.20
C.0 & H J. Lawless 196 Craig Way (Patricia
Drive side) $147.00
Danis 0. & Beatrice C.
Ingwerson 301 Patricia Drive $200.00
C V. & M. B. Ross 340 Patricia Drive $149.00
J. R. & F. J. Sheehan 168 Cuesta Drive $134.00
E. Shuster 188 Cuesta Drive $168.00
B. TLree Year Option
R.E. & F.L. Barrick 120 -144 Patricia Dr. $294.00
J.L. & M.V. Batson 65 La Entrada also Del Sur Way side $447.00
S.B. & M. M. Collins 274 Hathway $464.00
J.A. & E.M. Crosgrove 306 Hathway $295.38
Charles & Evelyn 424 Foothill Blvd. ( Cuesta
Delmartini Drive side) $356.00
1
1
City Council Minutes
October 19, 1964
Page -8-
M.R. & E.E. Ekegren
R.L. & D.J. Graves
D. Hill, Jr.
Annie M. Johnson
E.L. & M.C. Libby
M. B. & E. L. Morrison
Celia B. Nye
W.W. & R.M. Price
E.V. & C.A. Serpa
1256 Bond St.
$148.56
291 Motley St.
$193.60
1219 Bond St.
$208.05
1535 Carmel St.
$263.00
195 Ramona Drive
(La Entrada side)
$228.00
1274 Bond St.
$200.06
407 Pismo St.
(Carmel St. side)
$706.00
1213 Bond St.
$386.35
395 Pismo St, also
Carmel St, side
$796.00
Mayor Davidson declared the public hearing open.
Mayor Davidson declared the public hearing closed.
On motion of Councilwoman McNeil, seconded by Councilman Miller, the following
resolution was introduced. Resolution No. 1344, a resolution confirming costs
of sidewalk pursuant to the San Luis Obispo Municipal Code.
Councilman Graves disqualified himself from voting as an interested party to
the improvement.
Passed and adopted on the following roll call vote:
AYES: Clay P. Davidson, Miss.N.argarat McNeil,
Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
R. City Engineer, David F. Romero, explained that previous Council action in
permitting a modification of the Price driveway which calls for a 4" rise from
the gutter to the sidewalk level would still not allow the Price's access for
their housetrailer. in order to provide ready access it will be necessary to
remove the entire driveway and reconstruct one which rises about 2-ff" from the
standard 3' behind the curb face and then falls off directly to the garage.
Mr. Romero pointed out the great likelihood of storm waters being diverted
into the Prices' garage by this improvement and the danger tc pedestrians
using the sidewalk which would be so far out of the Prices' grade.
On motion of Councilman Miller, seconded by Councilman Graves, that the
changes as recommended by the City Engineer be approved including holding
the City harmless against all liability. Motion carried.
13. At this time the City Council held a public hearing on the recommendation of
the Planning Commission to rezone from R -1 to R -3 that property located at
the southwest corner of Foothill Boulevard and Carpenter Street.
The following communication was received from the Planning Director, P.Chapman:
"Resolution Number 109 -64 of the Planning Commission recommends approval of
an application from James P. and Frances J. Jones to rezone from R -1 to R -3
the property shown on the attached map.
There were no public objections to this application, and the Commission felt
that the rezoning would be in conformance with the trend of development on
adjoining properties and also the general plan."
Mayor Davidson declared the public hearing open.
Mayor Davidson declared the public hearing closed.
City Council Minutes
October 19, 1964
Page -9-
On motion of Councilman Miller, seconded by Councilman Whelchel, the following
ordinance was introduced. Ordinance No. 297, an ordinance rezoning Jones
property from R -1 to R -3.
Introduced and passed to print on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald Q. Miller, Cleil W. Whelchel
NOES: None
ABSENT: None
24. At this time the City Council discussed exposed aggregate sidewalk for the
Cigar Factory Restaurant.
David F. Romero, City Engineer, explained that the request for exposed aggregate
sidewalk had been brought to the attention of the Council because this is a
deviation from the adopted standard. It was the general consensus of the
Council that an exposed aggregate sidewalk would be satisfactory at this
location.
Burt Fugate stated that the property owner desires to replace the sidewalk
in front of the Cigar Factory Restaurant and they would like to use a
similar pattern that was used by the Sinsheimer Trust Building on Marsh and
Osos Streets.
He reported that his plan is to use the same specifications for present
sidewalk except for finish coat which will be exposed aggregate and is seen
around the downtown street trees.
On motion of Councilman Graves, seconded by Mayor Davidson, that the City
Engineer be instructed to prepare specifications of various sidewalk finishes
for Council consideration and adoption. Motion carried.
On motion of Mayor Davidson, seconded by Councilman Whelchel, that the City
Engineer approve the exposed aggregate sidewalk for the Cigar Factory
Restaurant. Motion carried.
Z. Richard Willett asked the Council why the City Council had taken action to pass
a resolution urging a no vote on Proposition No. 14 on the General Election
Ballot November 3, 1964. He questioned the propriety of the Council passing a
resolution urging the City voters to defeat a State Proposition withouC
holding any public hearings so as to get the actual feelings of the people-of
San Luis Obispo on this important question which would effect all the people
for years to come. He asked the City Council again under what right did the
Council have to pass such a resolution.
Mayor Davidson answered Mr. Willett's question as to why he introduced the
resolution as he believed that as an elected official he had the duty to
make his feelings known to the public of the City.
14. Report from Councilmen Miller and Graves recommending relaxation of City
policy on street widening.
On motion of Councilman Miller, seconded by Councilman Graves, the following
resolution was introduced. Resolution No. 1346, a resolution amending
resolution no. 1135 (1963 Series) regarding policies to implement the
setback ordinance.
Passed and adopted on the following roll call vote:
AYES:
Miss
Margaret McNeil, R.
L.
Graves, Jr., Donald '). Miller
NOES:
Clay
P. Davidson, Clell
W.
Whelchel
ABSENT: None
City Council Minutes
October 19, 1964
Page -10-
The following report was received from David F. Romero, City Engineer:
"The use of covenants as specified under Section B2 of the Setback Policy
is extremely cumbersome and is probably un- workable were we to try to enforce
them at a future date, therefore, it would appear that a change which
eliminates the covenant provisions would not be unduly costly for the City.
Elimination of the covenant would also make for simpler agreements and would
meet with a better reception from property owners.
My personal views are that we should not liberalize the Street Widening Policy
any more than we already have. Recent changes which require payment at market
value for commercial property and for commercial uses such as apartments, have
resulted in a great increase in cost of the program. We will undoubtedly run
short of money this year. The more liberal policy, therefore, may have the
effect of slowing down actual widening, since we are on a fixed budget and
have more takers than we have funds. Several representatives of oil companies
have informed me that the City policy in paying for commercial property is the
most liberal they have r+sn across in California. I believe if the Council is
worried about the inconsistency between the residential and commercial policy,
that the proper approach would be to make the most liberal of the two policies
comply with the more strict one.
The suggested change whereby reimbursement to the City for land acquisition is
made by development of ten or more lots rather than five or more lots, would
in my opinion be an unnecessary liberalization on the policy. Historically
by State law and City ordinance (major) subdivisions have been designed as
containing five or more lots. I believe this is a logical place to make a
definite break for the small developer, and that any figure larger than this is
arbitrary and will not materially speed up our Street Widening Program."
The following communication was received from Richard D. Miller, Administrative
Officer:
"This communication is in response to the Council's invitation for City staff
members to comment on the proposed further liberalization of policies in
connection with widening of the City's major streets.
My first objection, of course, is that the several changes in policy which
have taken place during the past several years are costing the City more
money per foot of widening and thus presumably slowing down the program.
Secondly, I feel there is a certain amount of unfairness in having accepted
deeds from citizens who were willing to cooperate in the earlier stages of the
program with much less compensation and providing more consideration at this
time for those who have in some cases opposed the program in the earlier stages.
Thirdly, if it is true as Mr. Romero indicates, that our policy is one of
the most liberal of any City in California, particularly as far as commercial
properties are concerned, then I am wondering whether this is a logical thing
for a City of our size and limited resources.
I feel there is a benefit to the City in widening our major streets, of course,
but in many cases there is also a benefit to the abutting property owner in
having the street widened. In the case of multiple housing units and
commercial developments, the property owner is usually generating more traffic
than existed in the past and should bear some share of the cost, in my opinion.
Getting down to specifics, I would strongly urge that the City not amend the
existing policy to reimburse subdividers of nine or less lots for land ac-
quisition in connection with street widening. In the past all subdividers have
paid at least a share of road work abutting their developments whether they
were on a major or minor street.
I would also hope that the Council might reconsider its present policy in
regard to commercial property or, at the very least, not rezone any further
residential property to commercial until arrangements have been made for
the street to be widened. The reason for this would be to prevent the owner
of a residential parcel securing a rezoning to commercial which normally
City Council Minutes
October 19, 1964
Page -11-
raises the value of the property, then securing a larger reimbursement from
the City for street widening than he would otherwise obtain."
Councilman Graves stated that he proposed these amendments as there are many
multiple zoned parcels of land on major streets that generate a great amount
of traffic and yet they contribute nothing additional for street widening
and further, he felt that the single family property owner pays too much when
he cooperates with the City in major street widening.
Mayor Davidson stated he agreed with the City Engineer's report that the
commercial zoned property should not receive any enrichment as they contribute
to the need for street widening.. Further, he felt that if the Council continues
to liberalize the widening policy it will slow down the widening program due to
the liberalized purchasing policy.
The City Council discussed with the staff the ramifications of the proposed
liberalization of the street widening policy.
Councilman Miller stated that he believed that the single family property
owner is being discriminated against by the present street widening policy
to the benefit of the multiple zoned property owner and the commercially
zoned property owners.
On motion of Councilman Miller, seconded by Councilman Grammes, that the Council
Committee continue to study multiple and coss:ercially zoned properties for the
sidewalk policy. Motion carried.
21. Communication from Kenneth Brooks appealing the decision of the Planning
1 Commission in granting a use permit for Brooks Wood Craft, in not allowing
outdoor sales or display.
The following letter was received from Kenneth Brooks:
1
I was unaware of this ordinance when I appeared before the Toning Board.
The display in question is, in my opinion, unobstrusive, and it is on
property which I have leased. The 1400 block on Monterey is out of the
downtown district and the normal downtown shopper does not pass by this area on
foot. This area is just beyond and up the hill from the railroad overpass,
therefore high, above building signs are not very efficient. Unpainted
furniture shops and stores have existed for over 40 years on some type of out-
door display. It is synonymous with the industry.
Since the display has been taken in at the zoning board's request, two thirds
of the people that were stopping their cars and coming in, don't. This
percentage drop can mean the failure of any business. Many customers who did
stop were on their way out Monterey Street to join the freeway on the way to
their homes in the Atascadero and Paso Robles area after shopping in downtown
San Luis Obispo. This is tax revenue the City would ordinarily lose.
There are many other businesses in the City with outdoor displays, some on City
property.
I would like the opportunity to establish and develop a business in San Luis
Obispo which I feel is an asset to the community."
Gerald Shipsey, Attorney, appeared befo
Woodcraft appealing the requirement of
outdoor display of unpainted furniture
furniture would be displayed on private
in front of his shop.
e the Council on behalf of Brook's
he Planning Commission in not allowing
n front of 1459 Monterey Street. This
property and not in the public way
On motion of Councilman Miller, seconded by Mayor Davidson, that the
merchandise be allowed to be displayed in front of the at, or
e.
1
1
City Council Minutes
October 19, 1964
Page -12-
Planning Director Chapman listed
placing the requirements on the
made.
Motion carried unanimously.
the reasons for the Planning Commission
use permit for Brooks' Woodcraft that were
15A. Report of the City Engineer regarding sidewalk on Grand Avenue.
Mr. Romero presented a sketch showing existing curb, gutter and sidewalk on
Grand Avenue from Monterey Street to Slack Street. He showed each parcel
on Grand Avenue and made recommendations for complete improvement of
sidewalk on Grand Avenue.
15B. Letter from Mart Rosenthal objecting to the installation of sidewalk on
Grand Avenue as he does not believe that a need has been shown for installation
of sidewalk nor does he believe that the Council has considered the property
owners' ability to pay for additional improvements to their property.
The following letter was received from Peter M. Rardel, Attorney:
"Notwithstanding the fact that Bea and I do not have children going to Pacheco
School along the westerly side of Grand Avenue, but do own property along
that route which does not now have sidewalk, we are very much in favor of the
proposal by Mrs. Sammie Dodds that sidewalks be installed. We would be
pleased to cooperate putting in sidewalks on our property between Wilson and
the freeway in the event the other property owners and the City would do the
same on their property. Should there be an injury to a child for lack of
sidewalks, none of us could defend a declination by the Council to require
their prompt installation."
Mr. Rosenthal appeared before the Council on behalf of his objection to the
installation of sidewalk on Grand Avenue and stated that he has personally
looked into the pedestrian count on Grand Avenue and that with 360 students
enrollment at Pacheco School not more than 40 students walk east down Grand
Avenue to Monterey Street, and he stated that the Council should consider the
need of sidewalk before burdening the property owners with additional cost of
unneeded sidewalk construction. He asked that the Council please study the
need before ordering additional debts on property owners.
Mr. Rosenthal asked that the City Engineer be asked to make pedestrian counts
on Grand Avenue and then show a need of placing sidewalk on this street.
Mr. Henry Albert, property owner, objected to the requirement to install side-
walk on Grand Avenue as he does not believe that a need for sidewalk has been
shown and further, the Council should take into account the adding of costs
to property owners as they still have to pay off sewer assessments and street
assessments, and the property owners just can't assume any more debts.
Mayor Davidson stated he felt that sidewalk should be placed throughout the
City and that any street that does not have sidewalk is an unimproved street
and felt that the City should require sidewalk all over town. He then
explained the studies made by a citizen's committee recommending that sidewalk
be placed in the City and he also explained the Council policy of allowing
three (3) year deferred payment plan.
Mrs. Gustafson asked why didn't the Council allow the pedestrians to walk in
the center island on Grand Avenue as it is just a weed patch now. She objected
to being required to place sidewalk due to financial hardship in her case.
Councilman Graves stated that he felt that sidewalks are needed for pedestrian
use throughout the City and the Council should have required the placement of
sidewalk with all new construction for the past many years.
Councilman Graves stated that sidewalk should be placed on both sides of
Grand Avenue.
City,Council Minutes
October 19, 1964
Page -13-
Councilman Whelchel stated that he did not believe that any need had been
shown for sidewalk on the east side, but that sidewalk should be placed on
the west side.
On motion of Councilman Graves, seconded by Councilman Miller, the following
resolution was introduced. Resolution No. 1343, a resolution requiring
sidewalk improvements on both sides of Grand Avenue.
Passed and adopted on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil
Donald Q. Miller
NOES: Clell W. Whelchel
ABSENT: None
The City Engineer's recommendations were accepted as to design and construction.
Mr. Rosenthal objected to the Council ramming through a resolution without
making the proper studies as to need for these improvements. He also
requested that the Council order the necessary traffic studies of motor
vehicle patterns on Grand Avenue.
20. Communication from Mrs. W. Lee Forsyth, President of the P. T. A. at Teach
School, regarding installation of sidewalks on Ferrini Road between Foothill
Boulevard and North Chorro Street.
On motion of Councilman Miller, seconded by Mayor Davidson, that the City
Engineer prepare studies and report to the Council for sidewalk and curb and
gutter improvements on Ferrini Road from Foothill Boulevard to North Chorro
Street. I'btion carried.
On motion of Councilman Graves, seconded by Mayor. Davidson; that the crosswalk
on Chorro Street be referred to the Traffic Committee. Motion carried.
26. D. F. Romero, City Engineer, presented plans and specifications for the
Mission Plaza Parking Lot, explaining that the estimate was $6,434.00 including
lighting and that the project would include exposed aggregate sidewalk on
Monterey Street, colored concrete walkways, plants and ornamental lighting.
lie urged the Council to adopt standard parking lot lighting rather than
ornamental lanterns which are installed primarily for esthetic purposes.
Mr. McClelland, Econolite, presented for the Council's consideration several
different models for lighting the Mission Plaza parking lot and general area.
He stated he would recommend consideration of his company's Colonial Model
which he felt would fit into the Mission Plaza theme. He recommended 3 - 175
watt mercury lights. He also recommended that the lights be set on 14 foot
poles. He stated that the cost of the lights alone would be $98,00 plus $6.00
for light bulb and steel pole $40.00, aluminum pole $55.00, marblette pole
$111.00,
Councilman Graves stated he would like to delay decision on the light.fixtures
until the next meeting.
Peter Chapman, Planning Director, stated he was not thrilled with the samples
as he would like a more quaint light fixture than the common model.
On motion of Councilman Miller, seconded by Mayor Davidson, the plans and
specifications were approved and authorization was given to call for bids.
27. Proposal of George Pearson for engineering services for the South Higuera Sewer
and Water District.
City Council Minutes
October 19, 1964
Page -14-
The following letter was received from Mr. Pearson:
"In accordance with my discussion with Mr. David F. Romero, City Engineer,
regarding the scope of work for water supply and sewer improvements by
assessment district in the above referenced area, I offer to serve the City
of San Luis Obispo as Civil Engineer providing services as follows:
1. Prepare assessment diagram of district.
2. Prepare schedule of individual property assessments for district.
3. Prepare complete water supply and sanitary sewer construction plans.
4. Prepare specifications and contract documents.
5. Prepare Engineer's estimate of construction costs.
6. Consult with City Engineer and the Attorney appointed for district
formation work as will be necessary for the proper correlation and
progress of the work.
7. The work herein specified to be completed and submitted to the City of
San Luis Obispo on or before April 1, 1965.
8. The fee for furnishing the above engineering services to be as follows:
a) 6% for design work based upon the accepted construction bid for
entire project.
b) 2% for assessment work based upon the accepted construction bid
exclusive of that portion of the water supply main and
appurtenances from the intersection of South Street and Higuera
to limit of district.
The above fee to be payable in monthly progress payments based upon the
progress of the work, the final ten per cent of the fee to become due and
payable at the time of the awarding of the contract for the construction work.
9. The above fees do not provide for preliminary field surveys, construc-
tion staking, supervision and inspection, nor the cost of engineering tests
required for design purposes."
D. F. Romero, City Engineer, recommended that the proposal be accepted if it
was still the Council's wish that the work be done by a private engineer.
Councilman Whelchel stated that he still believed the work should be done
with City forces.
On motion of Councilman Miller, seconded by Mayor Davidson, the proposal was
approved. Motion carried,.Councilman Whelchel voting no.
22. Communication from R. L. Kuhler appealing the denial by the Planning Commission
of a waiver of sidewalk requirements at 1900 San Luis Drive.
On motion of Mayor Davidson, seconded by Councilman Miller,.that the City
Council uphold the decision of the Planning Commission and order installation
of sidewalk. Motion carried, Councilman Whelchel voting no.
16. Ordinance No. 296, an ordinance amending Section 8900.6 of the Municipal
Code pertaining to enclosures around swimming pools, was ordered held over.
17. Communication from the Southern Pacific Company regarding leasing by the City
of certain portions of railroad rights -of -way for beautification purposes,
was ordered held over.
18. Communication from Knuthson -Helms Company requesting acceptance by the City
Council of Tract No. 317, Ann Arbor Estates, and release of the Construction
Bond, was ordered held over.
19. Traffic Committee Report of October 9, 1964, was ordered held over.
1
1
City Council Minutes
October 19, 1964
Page -15-
25. Communication from D. F. Romero, City Engineer, forwarding cumplete speed zone
studies on a number of major streets within the community, was ordered
held over.
28. Copy of communication from D. F. Romero, City Engineer., to Alex Madonna
regarding grease content of the effluent from the Madonna Inn Sewer Lift
Station, was ordered received and filed.. -
29. Copy of Order Sustaining Demurrer in the Superior Court of the County of
San Luis Obispo in the case of the Trustees of the Sinsheimer Family
Memorial Fund vs, the City Council, was ordered received and filed.
30. Communication from Knuthson -Helms Company thanking the City Engineer and
City Council for their cooperation in allowing the trees to be planted
concurrently with the occupancy of the houses, was ordered received and filed.
J. Mr.. L..H. Wright appeared before the Council asking that the Council consider
the proper signing of the intersection of Nipomo and Peach Streets. He
explained about an accident that had occured that very morning that might
have been avoided with proper signing.
On motion of Mayor.Davidson, seconded by Councilman Miller, this request
was referred to the Traffic Committee. Motion.carried.
K. Request from J. Earle Boyce, City Treasurer, for permission to leave the
State for the last two (2) weeks in October, 1964, was approved on motion
of Councilman Miller, seconded by Mayor Davidson. Motion carried.
On motion of Mayor Davidson, seconded by Councilwoman McNeil, the meeting
adjourned.
Approved: November 2, 1964 -
.40; H. F PATRICK, CITY CLERK