HomeMy WebLinkAbout03/22/19651
ADJOURNED MEETING OF CITY COUNCIL
March 22, 1965 - 7:30 P. M.
CITY HALL
Invocation was given by Mayor'Clay P. Davidson
Roll Call.
Present: Clay P. Davidson, R. L. Graves, Jr.,
Donald Q. Miller, Clell W. Whelchel
Absent: Miss Margaret McNeil
City Staff
Present: P. Chapman, Director of Planning and Building;
J. H. Fitzpatrick, City Clerk; W. M. Houser,
City Attorney; R. D. Miller, Administrative
Officer; D. F. Romero, City Engineer; W..Schofield,
Police Chief; E. P. Thompson, Water Superintendent.
1. On motion of Councilman Graves, seconded by Councilman Miller, the
following ordinance was introduced for final passage. ORDINANCE NO. 305,
an ordinance amending portions of Section 6410.6 and 7410.7 of the San Luis
Obispo Municipal Code.
Finally passed on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Donald Q. Miller,
Clell W. Whelchel
NOES: None
ABSENT: Miss Margaret McNeil
2. On motion of Councilman Whelchel, seconded by Councilman Graves, the
following ordinance was introduced for final passage. ORDINANCE NO. 307,
an ordinance rezoning property on Taft Street from R -1 to C -1 -S.
Finally passed on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Donald Q. Miller,
Clell W. Whelchel
NOES: None
ABSENT: Miss Margaret McNeil
3. Traffic Committee Report of March 9, 1965.
65 -3-1C. In regard to the Council discussion on installation of parking
meters on portions of Monterey and Broad Streets, the Traffic Committee
feels that it would be a.good idea to install 10 hour meters on Monterey
between Broad and Nipomo which could also serve as short term parking at
the rate of 5C for two hours. For the time being, we feel that we should
put this first group of meters in on a trial basis and not meter Broad
Street between Monterey and Palm.at this time.
65 -3-2T. The Police Department has suggested that the 36 feet of curbing
between the two driveway ramps along side the Richfield Station at the cor-
ner of Olive and Santa Rosa be marked red. This is on the north side of
Olive just east of Santa Rosa. There is a problem of youngsters parking
here at night and other cars double parking, creating a traffic congestion
problem in the area. We recommend that the red zone be authorized.
65 -3 -3T. On recommendation of the City Engineer, the Traffic Committee
recommends that a yeild sign be placed on Ferrini Road where the channel -
ization leads onto North Chorro.
City Council Minutes
March 22, 1965
Page 2
65 -3 -4T. We have had several complaints about a certain large truch
being parked on Carmel Street between Pacific and Pismo.for several days
at a time. This is in a mixed residential - commercial neighborhood. As
the Council knows, there is a restriction on vehicles parking more than
120 consecutive hours. We had thought about restricting parking between
3:00 and 5:00 A.M., but since this is not contiguous to.the Central Busi-
ness District, we would have a difficult time justifying this from a
street sweeping standpoint. We therefore recommend that no further res-
trictions be placed in this block'.
65 -3 -5T. The Traffic Committee has had a request that we do something
to eliminate the confusion and relieve congestion on Parker Street be-
tween South and High Streets. There are no curbs,.gutters or sidewalks
in this block and there is very often a conflict in.would -be parkers and
loaders as well as uneconomic use of the available space. It would be
the Traffic Committee's suggestion that the City Engineer plan to mark
available parking spaces with "T's" and to advise each business in ad-
vance in case they wish to request special treatment such as loading
zones. Eventually, there is some thought that we should be thinking
of installation of curbs, gutters, and sidewalks, although the feeling
of the Traffic Committee is.not unanimous on.this.and such installations .
would have to be forced by a 4 /5.vote of the Council.
65 -3 -6T. The principal of the Sinsheimer School has requested that the
white crosswalk at the corner of Richard Street and.Laurel Lane be changed
to a yellow crosswalk which the Engineering Department is planning on
doing for the beginning of the next school .year. At present the school
crossing guard is stationed at the corner of Southwood and Laurel, and it
is felt that perhaps the guard could be moved up to.Richard Street for the
next school year, particularly if sidewalks are completed on the south side
of Laurel. The one remaining sidewalk to be installed is in front of the
red house east of the Union Oil Service Station, and it is suggested that
the Council authorize steps to be taken to have this sidewalk':installed.
65 -3 -7C. In regard to the suggestion that crossing arms be installed on
the Marsh Street railroad crossing, the Traffic Committee recommends against
this because we don't have a history of accidents or near misses.at this
intersection, the visibility.is.fairly good,.and crossing arms.at this
location would demand intricate, expensive electronic handling. We also
feel that there is more of a hazard at Orcutt Road, and we recommend that
the Southern Pacific Company be approached to see whether they would be
agreeable to installation of crossing arms at that location.
65 -3 -8T. For the information of the Council, the City Engineer. has been
advised by the Division of Highways that studies have been completed on the
widening of Santa Rosa from the 101 Freeway to Murray, and the project report
will be submitted to the Sacramento headquarters office within the next month.
65 -3 -9T. The Police Department has been concerned about additions to ex-
isting streets and new street consturciton as..far as the tie - ins are concerned.
There is some thought that the Traffic Committee should review such layouts
before final adoption by the Planning Commission and City.Council. An al-
ternated suggestion is that the Police Department make their.feelings known
at Planning Commission and Council,meetngs and-that subdividers..or other
developers would be.required.to submit maps showing the relationship of
proposed street extensions or new streets to existing thoroughfares.. We.
so recommend.
65- 3 -10T. It is recommended that the parking meter space in front of the
Western Union Office on the South side of Monterey Street just west of..
Santa Rosa be changed from a two'hour metered space to a 12--minute space.
65- 3-11C. In response to the request of a resident. on Cerro Romauldo be-
tween Ferrini and Cuesta, the Traffic Committee recommends that an additional
street light be installed in mid= block.
65- 3 -12T. The.City Engineer had been asked to make a study of the proposed
widening of Pismo Street at Johnson, but upon hearing the Engineer's report
that such an improvement would cost some $28,000, would produce no more
traveled lanes than at present, and would currently serve only 3,260 cars
a day, the Traffic Committee recommends that this proposed project be
dropped for the time being in the interest of pursuing other more badly
needed improvements.
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City Council Minutes
March 22, 1965
Page 3
On motion of Councilman Miller, seconded by Councilman Graves, the follow-
ing resolution was introduced. .RESOLUTION NO..1397, a resolution establishing
parking restrictions on Monterey, Broad and_Santa.Rosa Streets, and a yeild
sign on Ferrini Road.
Passed and adopted on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Donald Q. Miller,
Clell W. Whelchel
NOES: None
ABSENT: Miss Margaret McNeil
On motion of Councilman Graves, seconded by Councilman Miller; the follow-
ing recommendations of the Traffic Committee were approved: Item AT, 5T,
6T, 7C, 8T, 9T, 11C, and 12T. Motion carried.-
4. At this time the City Council committee studying a proposal to reduce
taxes, made their report. The report read as follows:
"The following is a formal report prepared by the members of the Council
Committee appointed. for the.purpo.se.of studying the Mayor's proposal that
Cify taxes be reduced.
As we stated it the last City Council meeting,.we are at this time lacking
sufficient information to make a really •complete. report until all budget
figures are in. As we also stated, we feel that it will be the responsi-
bility.of the new City Council to decide the level of taxes as well as
all other-matters affecting the budget.
However,.we would like to make one or.two observations; We feel that before
1 taxes can be reduced, the Council must decide that it will reduce the level
of expenditures. As you know, the Council has been conducting an ambitious
program of improving the community, and unless these programs are cut back,
we do not feel.that a.tax cut is possible.
Examples of the program are the street widenings for which $58,000 was bud-
geted this year, -the Mission Plaza program for which $50,000 has been proposed
in next year's capital outlay program, the downtown beautification program for
which $19;500 has been budgeted this year for street trees alone,..and various
major street improvements and expenditures.
Examples of the latter.are the.Highland Drive extension which the Council is
currently.investigating which would probably.cbst about $25,000, the Sander -
cock'Street project which is expected to cost $50,000 or $60,000, and the
utility improvements by:assessment.district in the Prado Road area which is
expected: to - involve a City contribution on behalf of the Water.Department of
some $95,000.
Still another example is the City Council's decision to go ahead with a drain-
age improvement project in the Beebee Street area during the next fiscal year
which is expected to cost about $30,000. The list goes on and on.
To cite one more example, the capital improvement program contemplates setting
aside $50,000 a year for several.years.to build a new police station. There
are also park and recreation improvements contemplated but not yet financed,
additional parking facilities which are.vitally needed.for the downtown area
and major water improvements which need to be undertaken.
In conclusion, based on present conditions and facts at hand, we would have
to recommend against a tax cut. However, we reserve the right to modify this
thinking in the light of new facts which may be developed in connection with
the forthcoming budget studies."
Mayor Davidson objected to the committee's report, stating that'the members
of the committee apparently did not take into account all the new taxes and
increases of revenue to the City such as a 40% increase in'water'rates, a
new sewer service rate, an increase in gas tax, .a new water tax, namely the
City Council Minutes
March 22, 1965
Page 4
acreage charge for water service which is going to bring in about $30,000
additional funds. The-Mayor continued that in the last two.years about
$400,000 in additional revenue has been added to the City and yet no re-
lief is given to the property owners in the shape of a tax reduction.
Councilman Miller explained some of the needs of the City in capital im-
provements such as drainage improvements, overcrossings, water improve-
ments, etc.
Councilman Whelchel stated that he has discussed with property owners the
matter of tax rate reductions and that they told him that they were satis-
fied with the City's approach in an attempt to make the required capital
improvements out of current revenues and reserves rather than bond issues.
Councilman Graves agreed that many projects have been delayed due to the
lack of funds and that capital improvements are needed and should be done
in accordance with the capital budget program adopted by the Council.
Mayor Davidson stated that if the Council waits until everything has been
done, then they will never reduce the tax rate, and further, that govern-
ment will gobble up and spend any and all money they can get their hands
on. Further, that a review of the past two annual budgets show that each
year a large surplus is left for which no current plans have been made.
Administrative Officer Miller stated that fund balances at the beginning
of the year totaled $1,344;119.00. The original estimate for the year. end
total was $536,408 but was now estimated at $979,217. Seventy -one percent
(71 %) of -this or $692,616 consisted of restricted funds which could only
be spent for certain purposes. The unrestricted amount would be $286,601
and only $110,041 would be in the General Fund. The beginning General
Fund balance had been $193,878.and the draw -down had been needed to balance
the operating budget.
5. Communication from the San Luis Obispo.City School Board forwarding a
resolution authorizing the City to proceed with plans and specifications
for development of the proposed tie'be_twe_en Richard.and Augusta Streets -
and authorizing financial cooperation in the development.
City Attorney Houser briefed the School District's resolution for Council
information.
On motion of Councilman Miller, seconded by Councilman Whelchel, the
communication and resolution was received and filed. Motion carried.
6. Communication from California State Polytechnic College asking consider -
ation of the Council in a joint installation of traffic signals at the
intersection of California Boulevard and Foothill Boulevard.
The communication is as follows:
"As you.are.probably aware, the College.has been continually pursuing traf-
fic improvements.to the California- Foothill Boulevard intersection that
would - provide for safer traffic flow in this area.
It now appears that the 1965 -66 Governor's Budget will include an approp-
riation to cover a share of an extensive traffic signal installation which
is planned for integration with the - Southern Pacific•Railroad. crossing gates.
At the time this preliminary proposal was being discussed, we received an
estimate from the local office of the State Division of Highways of.ap -.
proximately $120,000 to cover the complete installation. Since there is
no question that the college contributes a significant portion of the
traffic at this intersection, we feel obligated _.to provide for a share
of this - cost..even though, technically, the :intersection is within the-.City
limits of San Luis Obispo. .While we are not sure of the relative financial
responsibilities : -of each agency, the budget request presently under con-
sideration by the Legislature considers a State share of approximately 50 %.
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City Council Minutes
March 22, 1965
Page 5
We realize the City is faces with budgetary problems.very similar to the
State's and because of this we wanted to apprise you of this possible
availability of State funds for this installation.
For ease of communication, I would suggest you contact Douglas Gerard at
the San Luis Obispo Campus if you wish.any.additional.detailed information
at this time. I am sure he will keep you informed of whatever develop-
' ments occur at the State level that would have a direct bearing on this
project.
I trust we can develop a mutually acceptable agreement under which this
traffic improvement could be installed within the near future ".
City Engineer Romero - explained the method of cost sharing in normal instal-
lations of this type.
On motion of Councilman Miller, seconded by Councilman Graves, that the City
staff meet with the Poly staff and work out preliminary cost estimates and
proposal for the Council's guidance.
Motion carried, Mayor Davidson voting no.
7. Report from the State Personnel Board forwarding final report to the City
Council on appeals made by City employees to the recently completed salary
and classification survey.
The following letter was received from George A. Bell, Water Plant Operator
for the City of San LUis Obispo:
"Being an.employee of the City, and not having a personnel director or an
employees organization to represent me, I am asking you as the City Admin-
istrative Officer and acting personnel director to act in my behalf.
Please present the following to the City Council for their consideration.
I believe the employees of the Water Filtration Plant deserve more recog-
nition and consideration than they have received.
Of the three departments . in the City Water Works, (storage, filtration and
distribution), the employees in the filtration plant will be the lowest paid.
Does the City Council think the water plant operators are of the least im-
portant in the chain of domestic water production?
The County water storage and distribution employees are several steps above
us now and will be still higher if the suggested raises are approved. The
County has no filtration plants in operation for comparison, which is un-
fortunate for us.
Most sewage plants were used as the standard for evaluating our job, and
the survey analysis admitted the filtration .plant operators job is com-
pletely different. We must assume a greater responsibility for the health
and welfare of the public, which in turn requires more education and training.
Please refer to, and.submit my original letter of protest to the California
State Personnel Board, to the City Council."
' Communication from George A. Bell was received and filed.
On motion of Councilman Miller, seconded by Councilman Whelchel, the report
of the State Personnel Board was approved and adopted as a guideline. for
preparation of the annual budget. Motion carried.
8. At this time the City Council considered the proposal from Paul Adamson,
Consulting Engineer, for furnishing engineering services for the design and
construction of repairs and improvements to the Stenner Reservoir and its
outlet works.
City Council Minutes
March 22, 1965
Page 6
Administrative Officer Miller recommended hiring Mr. Adamson as a Consul -
ting Engineer for this project.
The following proposal was received from Paul Adamson:
"We hereby offer to serve as your consulting engineer and.to furnish en-
gineering services for the design and construction of repairs and improve-
ments to your Stenner reservoir and its outlet works. It is'understood
that the work contemplated includes structural rehabilitation of the
reservoir, reservoir lining, revision of the reservoir outlet works and
provision of metering and chlorination facilities.
The work may be divided into two phases, the designing and plan phase and
the construction phase. Within these two phases of work we propose to do
the following:. 11
Phase A
1. Make field site surveys required for the design and planning of
the work.
2. Design the works and prepare plans for construction of same.
3. Prepare specifications and contract documents for the work.
4. Prepare estimates of cost for the work.
5. Deliver to the City ten sets of prints and all tracings of
the plans for the work.
6. Deliver to the City sixty sets of specifications and contract
documents for the work.
7. Provide assistance in securing bids, analysis of bids and
assistance in letting contracts.
It is understood that the cost of test borin_gs.or other foundation tests
are not included as part of our work.
Phase B
1. Provide control and direction of field engineering for construction
of the work.
2. Furnish and maintain on the job for a period of two months a
competent engineering inspector and.suitable equipment to
control the engineering and to inspect construction of the work.
3. Provide field surveys and stake -out for construction.
4. Check shop and working drawings furnished by.the contractor.
5. Prepare estimates for progress and final payments to
the contractor.
6. Prepare as -built record drawings.
Our fee for the foregoing work will be as follows:
The fee for Phase A will be the sume of Six thousand Two hundred dollars
($6,200.00) of which ninety percent (90 %) will be due and payable upon
completion and delivery of the plans and specifications. The ten percent
(10 %) balance may be withheld until the letting of the construction con-
tract, or ninety days after completion of the plans and specifications,
whichever is sooner.
The fee for Phase B will be the sum of Three thousand Six hundred dollars
($3,600.00) payable in monthly installments of One thousand Four hundred
dollars ($1,400.00) each, beginning at the start of construction, with
any balance and final payment due upon completion of the work and sub-
mittal of the as -built record drawings.
We will proceed with the work upon receipt of authorization from the City
and will complete the plans and specifications for delivery to the City,
ready for advertising by September 30, 1965."
E. P. Thompson, Water Superintendent, stated that he believed the proposal
to be a reasonable offer and would be required to do the job correctly and
recommended that the proposal be accepted.
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City Council Minutes.
March 22, 1965
Page 7
On motion of Councilman Whelchel, seconded by Councilman Graves, the pro-
posal of Paul Adamson was accepted. Motion carried.
9. At this time the City Council considered further Ordinance no. 306,
an ordinance adding.Chapter 4 of Article VIII of the San Luis Obispo
Municipal Code providing for underground utilities.
' Mayor Davidson declared the public hearing open.
Planning Director Chapman showed a map delineating the boundaries of the
proposed " underground Service Area ", explaining that the larger area than
originally proposed met with the approval of the utility companies and
City staff.
City Attorney Houser briefed the provisions of the ordinance for the
Council's consideration.
Councilman Whelchel stated he felt that unless the Council were willing
in the future to grant variances from this ordinance in order to alleviate
any property owner of hardship,this ordinance would not work. If this
were done then the ordinance could work.
L. A. Balatti, Pacific Telephone & Telegraph Company, stated that he be-
lieved it to be a good ordinance and could be worked in with his company's
plan for underground development.
Bud Hoffman, P. G. & E., stated.he believed this ordinance will work with
his company's plan for placing utilities underground.
J. B. McDonald asked what are the provisions for triggering this ordinance
so that property.owners would be required to put in a new service which
would then require them to rewire existing buildings.
Planning & Building Director Chapman stated that only new buildings or re-
modeling of over 50% of the value of the building would be required to
make underground connections.
City Attorney Houser explained that..the Telephone Company was the only
public utility that did not pay this franchise tax and that if it was not
a fair tax and charge for the use of the City streets and rights of way,
then it should be cancelled on other.public utilities. Further, that if
the Telephone Company is paying more taxes it is because they have more
valuable land and equipment, inasmuch as they pay the same rate that other
utility companies pay.
Mr. Balatti stated that the telephone company was not opposing this for.
City collection but only was afraid of a future State Franchise Tax.
Councilman Whelchel left the meeting, stating that he believed he had a
conflict of interest in this matter and would not take .part in the dis-
cussion or vote on the matter.
On motion of Councilman Graves, seconded by Councilman Miller, the following
resolution was introduced. RESOLUTION NO. 1398, a resolution supporting
SCA -17.
Passed and adopted on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr.,
Donald Q. Miller
NOES: None
ABSENT: Miss Margaret McNeil, C1011 W: Whelchel
Councilman Whelchel returned to the meeting and took his seat.
City Council Minutes
March 22, 1965
Page 9
11. Communication from Paul Rich requesting, on behalf of Mr. Hardy, 123
Crandall Way and himself; 135 Crandall Way, an extension of time for the
placement of curb, gutter and sidewalk on Crandall Way.
On motion of Councilman Graves, seconded by Councilman Whelchel, there-
quest was approved, subject to the condition that the sidewalk, curb and
gutter are installed before Cal Poly reconvened in the Fall. Motion
carried.
15. At this time the City Council held a continuation of a public hearing
of the recommendation of the Planning Commission to amend the Zoning Ordin-
ance and to amend the Code dealing with Fire Zones:
Mayor Davidson declared the public hearing open.
Mr. Fredman, Attorney representing the Contractors' Association, stated
their feelings were that some points in the ordinance were good and some
they agreed with, but there was an area of question that he felt should
be discussed in detail and asked for additional time to study. these pro-
posals so that a just and proper decision can be made and.asked that
this matter be referred to a Council Committee and department heads to
meet with the Contractors' Association representatives and discuss this
matter in an informal way to arrive at a final conclusion. If the
Council.did not agree, he stated that his group was prepared to present
their objections at this time.
The City Council discussed the various provisions of the new ordinance .
with representatives of the County Contractors' Association, City Planning
Commission members and the general public.
Mr. O'Donnell stated that he could not understand the rush in passing
this ordinance in view of the number of objectors present to this ordin
ance this evening.
P. Chapman, Director of Planning & Building, answered that the Planning
Commission has been studying this ordinance for several months and that
the realtors and contractors were sent copies for studies and that the
Planning Commission has held two (2)-public hearings.
On motion of Councilman Graves, seconded by Councilman Miller, that the
proposed zoning ordinance be amended as follows: 1200 sq. ft. to be
minimum area in R -H zone, 1000 sq. ft. to be.minimum area in R -C zone,
1000 sq. ft. to be minimum area in R -O zone, for multiple family uses.
Motion carried.
Mr. Rodrigues suggested that due to apparent confusion and question to
this ordinance, that it should be held over for further study by the
people concerned.
Councilman Whelchel moved that a committee be appointed to study this
proposal and make recommendations to the Council, committee to be made
up as follows:
Two (2) members of the City Council
Two (2) members of the Planning Commission
One (1) Planning Director
One (1) City Engineer
This committee to meet with representatives from the Contractors' Asso-
ciation and architects to attempt to resolve the differences.
Motion died for the lack of a second.
Councilman Graves spoke against the motion •f or the reason that the P_lann_ing
Commission has held public hearings and that many changes were made and
urged that the Council proceed with the hearing regardless of the time re-
quired to hear any suggestions or critisms.
City Council Minutes
March 22, 1965
Page 10
On motion of Councilman Graves, seconded by Councilman Miller, that the
Planning Director be requested to make.a survey reviewing the requirement
of off - street parking in existing office uses and change the required
parking from 200 to.300 in R -0 zone. Motion carried.
On motion of Councilman Miller, seconded by Councilman Whelchel, that an
office be allowed on sixty (60) feet lots with 6,000 square foot minimum.
Motion carried, Councilman Graves voting no.
On motion of Mayor Davidson, seconded by Councilman Miller, that office
for unit area be referred to Sub - Paragraph 5. Motion carried.
On motion of Councilman Whelchel, seconded by Mayor Davidson, that re-
quirements for motels in RC zone be reduced to 12,000 square feet of lot.
Motion lost on the following roll call vote:
AYES: Clay P. Davidson, Clell W. Whelchel
NOES: R. L. Graves, Jr., Donald Q. Miller
ABSENT: Miss Margaret McNeil
On motion of Councilman Graves, seconded by Councilman Miller, that the
requirement in the R -1 zone for two (2) covered parking spaces be deleted
and that only a requirement for two (2) off - street parking spaces in R -1
and 1�2 in the R -2 zone be required.
Motion carried on the following vote:
' AYES: Clay P. Davidson, R. L. Graves, -Jr.,
Donald Q. Miller, Clell W. Whelchel
NOES: None
F3.1-WHIEW =0
On motion of Councilman.Graves, seconded by Mayor Davidson, that Section
9200.16 1 C 3 requireing hose bibs, etc., be deleted. Motion carried.
On motion of Councilman Miller, seconded by Mayor Davidson, that Section
9200.16 (b) be changed from two (2) feet to three (3) feet. Motion carried.
On motion of Mayor Davidson, seconded by Councilman Miller, the following
ordinance was introduced and passed to print. Ordinance No. 308, the
Zoning Ordinance.
Introduced and passed to print on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr.,
Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: Miss Margaret McNeil
29D. At this time the City Council considered the Grant Deed from Martin
Polin for street widening on the south side of Foothill Boulevard (near
Broad Street).
The following letter was received from Martin Polin:
"In the interests of settlement and compromise, I hereby offer the above
indicated strip of land to the City on essentially the same terms and con-
ditions that were set out in an agreement drafted by the City Engineer's
department several months ago, EXCEPT that now, instead of the price per
foot being $3.75, I will sell it for only 75C a square foot.
City Council Minutes
March 22, 1965
Page 11
The balance of the agreement, including the
prove the street and install the water catch
extend the culvert and install curbs, gutter
same.
obligation of the City to im-
basin- -and my obligation to
s and sidewalks, would be the
As a matter of record, it is my understanding that when my adjoining pro-
perty was purchased by the City in December, 1964, this part of the contract
was deleted because I was not yet quite ready to build, although the plot ,
plan etc., had already been approved by the City. Now, I have made appli-
cation for a building permit, on March 16, 1965, and anticipate that the
permit will be granted before the-end of the month. Apparently, the new
ordinance, attempting to permit the City to acquire such property without
paying for it, goes into effect on March 31, 1965. Regardless of the con-
stitutionality of the ordinance, it appears that it would at least.preclude
the Council's acquiring property at a settlement figure after that date.
However, property on whcih a building permit has been issued before the
ordinance is effective would appear not:to be affected by it, and full
price paid for such frontage, here, at least $3.75 a square foot.
Even if we might assume for the moment that this property is subject to
the ordinance, it is suggested that the ordinance would not be upheld as
constitutional at least in this particular case. The concept of taking
property without due process of law, being urged by the Southern Pacific
now before the higher court in the Los Angeles case would not be the
only one applicable here. In this case, all of the property owners
across the street have received the market appraised value for their
property, of -$2.00 a square foot- -and the fortuitous (or otherwise)
circumstances surrounding their receipt of this money should not change..
the result substantially.
As a matter of mathematics, if the City Appraiser's figure of $3.75 a
square foot is used (which was the price paid for the adjoining property) '
the price will come to $19,057.50. My very low compromise offer:, made
to keep this out of court and so that we may spend our time on more
productive things, comes to only $3,811.50."
City Attorney Houser
for the following re
permits prior to the
permits may be ready
than accept the deed
date, the compromise
to the problem.
recommended that the City accept the Polin offer
isons: That Mr. Polin has applied for his building
effective date of the Ordinance and some of the
before such effective date. Further, that rather
under protest and litigate the matter at a later
offer•of Mr. Polin appeared to be a sensible solution
On motion of Councilman Whelchel, seconded by Mayor Davidson, that the
Polin offer be accepted and the Mayor was authorized to accept and record
the Grant Deed. Motion carried.
X. Richard D. Miller, Administrative Officer, reported to the Council on
bids received for removal and demolition of improvements at 717 Monterey
Street, recently acquired by the City as part of the Mission Plaza Program.
The bids were as follows:
J. A. Roberts $965.00
Barney Duveneck $976.00 ,
Mr. Miller recommended that the low bid of J. A. Roberts be accepted and
that a resolution be introduced transferring the necessary funds to this
Mission Plaza account in order to pay the contractor.
On motion of Mayor Davidson, seconded by Councilman Graves, the following
resolution was introduced. RESOLUTION'NO.. 1396, a resolution increasing
the 1964 -65 Budget... .(Account No. 225; Mission Plaza, be increased by
$1,000 and the Unbudgeted Reserve be decreased by $1,000.)
City Council Minutes
March 22, 1965
Page 12
Passed and adopted an the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves Jr.,
Donald Q: Miller, Clell W. Whelchel
NOES: None
' ABSENT: Miss Margaret McNeil
On motion of Mayor Davidson, seconded by Councilman Miller, the meeting
adjourned to 7:30 P. M., March 29, 1965. Motion carried..
APPROVED: April 5, 1965
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.'�-H. F' RICK, CITY CLERK