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HomeMy WebLinkAbout03/29/1965ADJOURNED MEETING OF CITY COUNCIL March 29, 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., Miss Margaret McNeil I Donald Q. Miller, Clell W...Whelchel -City Staff Present: P. Chapman, Director of Planning and Building; J. H. Fitzpatrick, City Clerk; W. M. Houser, Attorney; R. D. Miller, Administrative Officer; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief; W. Schofield, .Police Chief; E. P. Thompson, Water Superintendent. 12. At this time the City Engineer, D. F. Romero explained that. the Flag Pole holders could be purchased and installed for approximately $3.00 each compared to the $9.00 that the City has been paying for the drilled holes in the sidewalk. He.pointed.out that these flag pole holders would be suitable only in metered areas and suggested that they be purchased on a trial basis. On motion of Councilman Graves, seconded by Councilman Whelchel, that the City proceed with the three dozen holders on a trial basis. Motion carried. 13. The following letter was received from Ray C. Skinner: "We have submitted a preliminary plan of development of most of the 1 'Peterson Property' which we call for development purposes 'Rancho de Los Osos'. The question has been raised as to the intent of the covenant releasing the City from obligation to provide water service above ele- vation 240. It is my understanding that the intent of this covenant is entirely one of economics and not one or prohibiting development above that elevation if the developer installs a water system capable of handling the development and does not burden the City with installation,maintenance or operational expense greater than a similar system at lower elevations. I believe that the minutes of the meetins and the correspondence on which this issue was originally raised-,.points out that it is the the 'realm of economics, not engineering.' The City Planning Commission has requested clarification of this matter from the City Council. The intent of this letter is merely to restate our posi- tion as follows: 1. Our execution of the covenant was on the basis of releasing the City from an economic burden. It was not intended that we be prohibited from developing above this elevation if we bear the cost of a water system. 2. We are not asking for relief from this covenant. We merely want to be able to proceed on the basis of our understanding of the covenant." The following communication, dated October 3, 1965, was from the Planning I Commission: "1. Annexation - Ray C. Skinner - 330 acres west of Los Osos Road. Resolution No. 139 -63 recommends that the annexation be approved subject to the following conditions: City Council Minutes March 29, 1965 Page 2 (a) Los Osos Road to be included as recommended by the Boundary Commission. (b) City should be absolved from any expense involved in maintaining the ixisting bridge over Perfumo Creek. (c) Annexation to be limited to an area between Los Osos Road and a line parallel to it at an average elevation of 240 feet. ' Condition (c) is recommended due to the economic impracticality of pro- viding water above an elevation of 240 feet by the City." Excerpt of minutes of the City Council for October 28, 1963: "On motion of Councilman Miller, seconded by Councilman Graves, the City is to proceed with the annexation of the entire Peterson Property and that the City will accept maintenance of Los Osos Road adjacent to the City limits subject to a covenant being filed by Mr. Skinner that no water would be served over 240 feet elevation and that Mr. Skinner main- tain existing drainage structure on Los Osos Road until replaced. Motion carried on the following roll call vote: AYES: R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: Clay P. Davidson ABSENT: None" John Gordon stated that he felt that Mr. Skinner feels that the Covenant relieves the City of any cost or expense for furnishing water above ele- vation 240 feet. He stated that Mr. Skinner planned development of the ' entire lot 59 to its highest elevation. E. P. Thompson, Water Superintendent, explained that the City's respon- sibility in this development was actually to the existing water customers and that a development of this.type contemplated by the Skinner Company would be extremely expensive for the City, who will ultimately be respon- sible for the maintenance and operation. While a separate rate for these higher areas could be used by the City, the City has not looked favorably on this program. Mr. Thompson stated he recommended against the City becoming involved in development of these higher areas of the City due to the extreme cost of the operation and deficiencies already existing in older parts of the town. Mr. Gordon stated he understood that the developer wished to put in the necessary pumps and tankage and then let the City operate the facility. City Attorney Houser explained the City's liability in lack of water for fire protection, also the matter of legal contract with Mr. Skinner for perpetual development. That to date the courts have held that fire fight- ing is a governmental function and there is no liability for failure to provide adequate water to.fight the fire unless a contract exists setting forth such responsibility. Further, that any condition of the Skinner Corporation assuming some perpetual responsibility would not work because the Corporation would sooner or later go out of existence and the obli- gations would terminate. ' Councilman Miller stated he for one was opposed to the City assuming res- ponsibility for water service above the 240 feet elevation. As Mr. Skinner stated originally,'he was not going to develop any land above 240 feet as this area was to be used only for recreation such as hiking and riding trails. Mr. Gordon stated he understood that the developer wished to put in the necessary pumps and tankage and then let the City operate the facility. City Council Minutes March 29, 1965 Page 3 On motion of Councilman Miller, seconded by Councilman Graves, that two (2) Council members be appointed to meet with Mr. Skinner to decide this matter and report back to the City Council on April 19, 1965. Motion carried. Mayor Davidson appointed Councilmen Miller and Whelchel to the committee. 14. At this time the City Clerk, J. H. Fitzpatrick, reported on properties in unincorporated areas along Orcutt Road. ' A. Request from Young Brothers Investment Corporation to annex Lots 90 and 91 of the San Luis Suburban Tract to the City. On motion of Councilman Miller, seconded by Councilman Whelchel, the matter was referred to the Planning Commission. Motion carried. 16. At this time the City Council continued their public hearing on the recommendation of the Planning Commission to amend the City's General Plan of March 14, 1961. Mayor Davidson declared the public hearing open. Communication from John.Barbee requesting that the City Council reconsider the matter of deleting the industrial classification along the railroad right -of -way south of San Luis Obispo. Communication from the Chamber of Commerce Economic Development Committee protesting the rezoning to residential of the area south of Orcutt Road, east of Edna Road, and west of Corral de Piedra Islay Road. Planning Director Chapman stated that after the first public hearing, the Planning Commission has amended their proposed General Plan to allow industrial uses along the railroad right -of -way from Orcutt Road south. The City Council discussed the change made by the Planning Commission to 1 the amended General Plan of March 14, 1961., 0. B. Paulsen appeared before the City Council on behalf of the Economic Development Committee of the Chamber of Commerce, explaining the reason the committee is asking for the industrial classification to be left alone along the railroad right -of -way. E. M. Underwood explained to the City Council the type of area that is needed for development of industry using railroad spur, and urged that the flat land be kept for commercial and industrial development. Burt Fugate asked why was the change from industrial to residential land use even considered in an area under consideration along the railroad. He also urged that the flat land along the railroad andhighway be kept for industrial development and let the foothills carry the residential development. Howard Franklin, County Planning Commission,- member, stated he hoped that the Council would keep in mind not overzoning the City for industrial development by allocating too much land to this development. He felt that the City should make plans for orderly development of sewer and water, as the City will grow only as fast as sewer and water can be extended. , Mayor Davidson stated that the City has had plans available since 1961 for people developing sewer and water from the City limits east to the. country club. Councilman Miller stated that the Council has met many times with the property owners south of the City limits in an attempt to establish a sewer and water district in order to see this area grow. City Council Minutes March 29, 1965 Page 4 Mr. Underwood urged the Council not to let the lid off development until the time is right so that we accept substandard industry in the rush to get any industry that comes along. He suggested that the City be selec- tive in any industrial development it may get. John Evans, Planning Commission member, stated that the Planning Commis- sion had studied this matter very carefully and that the fact of the existing shopping center in the area will develop a residential neighbor- hood for it to service and there is plenty of land set aside for manufacturing uses. Mayor Davidson urged that any action on this proposal be held over for two or three months or until present negotiations are completed for development in the area under discussion and along the railroad right -of- way. Councilman Miller asked for any comments by Planning Diractor Chapman. Mr. Chapman showed the additional industrial area which the Planning Com- mission had included in the amended plan. He felt that the amount of land shown for industry, though reduced from the existing Plan, was still con- siderably in excess of what would be needed in the foreseeable future. Industrialists are becoming increasingly aware of the need to protect their plants against unsuitable neighbors (including residential development) and the inclusion of too much area on the General Plan for industry might well deter rather than attract, this type of development. On motion of Councilman Miller, seconded by Councilman Graves, the following resolution was introduced. RESOLUTION NO. 1401., a resolution adopting a General Plan for land use in the City of San Luis OBispo. Passed and adopted on the following roll call vote: I AYES: R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: Clay P. Davidson ABSENT: None 17. Communication from the Planning Commission recommending the establish- ment of setback lines for Higuera Street south of Marsh Street. On motion of Councilman Miller, seconded by Councilwoman McNeil, a public hearing was set for April 19, 1965 at 8:00 P.M. Motion carried. 18. On motion of Councilman Graves, seconded by Councilman Miller, the following resolution was introduced. RESOLUTION NO. 1389, a resolution increasing the 1964 -65 Budget. (Account No. 2501, by $5,000, Account No. 152, by $2,500.) Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel ' NOES: None ABSENT: None 19. On motion of Councilman Graves, and seconded by Councilman Whelchel, the following resolution was introduced. RESOLUTION NO. 1393, a resolution increasing the 1964 -65 Budget. (Account No. 850.2 by $3,250 and Account No. 232 by $1,000). Passed and adopted on the following roll call vote: City Council Minutes March 29, 1965 Page 5 AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 20. City Engineer Romero presented the preliminary report for instal- lation of curb, gutter and sidewalk on Ferrini Road between Foothill Boulevard and Chorro Street. Mr. Romero explained the present status of curb, gutter and sidewalks and the proposed improvements and explained that property acquisition was necessary on both sides of Ferrini Road in order to provide for sidewalks. Councilman Whelchel moved that the City Engineer prepare a preliminary report to be presented May 3, 1965. Motion died for the lack of a second. On motion of Councilman Miller, seconded by Councilman Graves, that the City Engineer prepare a report for April 19, 1965. Motion carried. 21. At this time the City Engineer, D. F. Romero, presented his report regarding school crossing guards. The report read as follows: "Attached is a summary of studies taken at twenty intersections within the community for setting of warrants for school crossing guards. The procedure used in obtaining the information is outlined in a booklet entitled, "A Program for School Crossing Protection ", published by the Institute of Traffic Engineers, Washington, D. C. The theory presented by the manual indicates that by applying a uniform procedure of study and analysis to apparently hazardous crossings, it will be possible to make meaningful recommendations and assign priorities based on need rather than opinion. The warrants are based on the pattern of traffic at a particular location and consider the width of pavement and the rows of pedestrians crossing the street to arrive at a figure which represents an actual pedestrian delay time. This is compared to a tolerable pedestrian delay time which would occur if traffic signals were installed. The procedure used in obtaining the warrants contains several serious limitations which should be taken into account in weighing the relative importance of the figures presented. The procedure does not consider the total number of cars, merely the spacing of cars. The procedure does not consider the total number of pedestrians, merely the spacing of pedestrians. The procedure does not differentiate between adult and child pedestrians, therefore, we can obtain warrants where there are no children. The procedure does not consider vehicular speed or unusual hazards. Considering these factors I have made recommendations which do not follow a strict application of the warrants; recommending that guards be retained at five of the crossings studies, that is, Madonna Road at Oceanaire, Grand Avenue at Hays, Foothill at Patricia, Foothill at Broad, and Laurel Lane at Southwood; that traffic signals be installed at three intersections, Higuera at Nipomo, Marsh at Nipomo, and Broad at Pismo; and that crossing guards be considered on an optional basis at two other intersections,Choiro at Mill and Broad at Upham. These five or seven guards and three traffic signal installations would sub- stitute for the eleven guards now on duty today and would in my opinion be located where there is the greates need and therefore the greatest benefit." Fj 1 1 City Council Minutes March 29, 1965 Page 6 On motion of Councilman Graves, seconded by Councilman Miller, the report was accepted and was to be referred to the new Council for consideration in approving next year's budget. Motion carried. 22. At this time the City Council considered an application from C. F. Connors for a card room license at 699 Higuera Street. Lloyd E. Somogyi, Attorney representing C. F. Connors, requested that the matter be held over until the meeting of April 5, 1965. Request granted. 23. Communication from the Fire Chief, L. Schlobohm, requesting approval by the City Council of the installation of a combination redwood fence and identification sign for Fire Station No. 2, 136 North Chorro Street. On motion of Councilman Graves, seconded by Councilwoman McNeil, the re- quest was approved. Motion carried. 24. Communication from the San Luis Obispo Historical Society asking for continued City support in the operation of .the Dallidet Adobe. Administrative Officer Miller said that if approved, this would not be a continuation but a new policy as the first gift was to cover a high water bill. On motion of Councilman Miller, seconded by Councilwoman McNeil, that $100.00 be given to the San Luis Ohispo Historical Society. Motion carried. Councilman Graves stated this adobe was an asset to the City and a tourist attraction and should be supported by the City. On motion of Councilman Miller, seconded by Mayor Davidson, that the Park Department clean -up park area on Marsh and Toro Streets. Motion carried. 25. Communication from Attorney Lloyd Somogyi asking that the City under- take an investigation as to the legal ownership of the Yellow Cab Company as required under the Municipal Code. The communication read as follows: "I represent certain persons who maintain they have causes of action against the Yellow Cab Company. Because of this, the identity of the Yellow Cab Company has been a matter of concern to mer. I believe that a franchise has been issued by the City of San Luis OBispo to Yellow Cab Company, a co- partnership consisting of Jack Hathaway and Charles Chain. Investigation has revealed that the co- partnership was dissolved long ago and that Charles Chain departed from San Luis Obispo County. At a hearing before the Super- ior Court of San Luis Obispo County, Jack Hathaway testified under oath that he no longer owned any interest in the Yellow Cab Company and was merely an employee of that organization. A source of information which I cannot divulge, has informed me that the assets of the business, presently being operated in the City of San Luis Obispo under the name of Yellow Cab Company are owned by a corporation. The Municipal Code sets forth certain requirements which regard to financial responsibility and reputation as a condition precedent to the issuance of a taxi cab franchise. It would seem that if the existing Yellow Cab Company is being operated by persons or entities other than that to whom the fran- chise was issued, the spirit of the Code is being violated, and the purpose of the legislation is being defeated. It is therefore requested that an investigation be made by the City to ascertain the identity of the existing owners and operators of that certain business being conducted under the name of Yellow Cab Company, and if there is a discrepancy between the record ownership and operation of the business, remedial action be taken by the City." City Council Minutes March 29, 1965 Page 7 City Attorney Houser made the following statement: That this appeared to be one of the many charges and counter - charges that was presently being litigated and that the Council could take ore of the following actions: (a) Set the matter for public hearing, giving adequate notice to all parties concerned. (b) Request the staff to make an investigation and report back to the Council; or (c) Await the outcome of the present court litigation. Robert Wendt, Attorney for.the.Yellow Cab Company, stated that he hoped the City Council would defer action on the request just as his request was deferred when he asked the Council to investigate the A & M Cab Co. as these matters are now before the Court. He suggested that Mr. Somo- byi's request be filed as was his. On motion of Councilman Graves, seconded by Councilman Miller., that no action be taken on the letter and held over until the Court case has been settled. Motion carried. Councilman Miller asked if the Council could change cab zones as was recently done without a public hearing. City Attorney Houser stated that there was no specific requirement of the Code for holding hearings for changing traffic zones and that the Council has the right to cancel or revoke all such zones and, therefore, should have the right to alter or change the zones. 26. Communication from Herman L. Wrider, 1436 Garcia Drive, regarding traffic hazards in the City of San Luis Obispo, was referred to the Traffic Committee on motion of Councilman Graves, seconded by Councilman Miller. MOtion carried. 27. Communication from the owner of Sleep -Off -The Highway Motel_ re- questing investigation by the City Traffic Committee of traffic problems at the entrance to his motel and trailer park, was referred to the Traffic Committee on motion of Councilman Graves, seconded by Councilman Miller. Motion carried. 28. Communication from the State Department of Public Health regarding local creek supplies used by the City of San Luis Obispo as sources of domestic water. A. Communication from the San Luis Obispo Sportsmen's Association pro- testing any change in use of the reservoir canyon that would jeopardize the use by sportsmen. On motion of Councilman Miller,. seconded by Councilman Whelchel, the Water Supertindent Thompson was authorized to prepare a report for the Council to consider. Motion carried. 29. On motion of Councilman Graves, seconded by Councilman Whelchel, the Mayor was authroized to accept and record the following Deeds on behalf of the City and also to sign said Deeds, Street Widening Agree- ments and Grant Deed from Kinney. The Kinney Grant.Deed is not to be recorded until the improvements are in.. Motion carried. Deeds and Agreements are as follows: A. Grant Deed for street widening on Johnson Avenue and installation of curb, gutter and sidewalk from the following persons: Richard R. Treadwell & Patronella S. Treadwell, Richard T. Treadwell & Geraldine Treadwell, Joe D. Wray & Elizabeth T. Wray, David J. Hosbein & Florence T. Hosbein. City Council Minutes March 29, 1965 Page 8 B. Grant Deed and Agreement from Tony F & Evangeline Souza for street widening on Johnson Avenue. C. Covenant for temporary erection of improvement within the public right - of -way. (Purcell Signs, Inc.) D. Grant Deed and Agreement from Charles C. Lunn & Mary R. Lunn for instal- lation of curb, gutter and sidewalk and street widening on Johnson Avenue. E. Grant Deed from S. G. Kinney & T. L. Kinney for a portion of Monte Vista Place. (D. F. Romero, City Engineer, recommended that this grant deed not be recorded until all the public improvements are in.) F. Grant Deed from the Church of Nazarene for street widening on Johnson Avenue. G. Grant Deed from Kenneth E. Smee, etal, for street widening on Sweeney. 30. On motion of Councilman Graves, seconded by Councilwoman McNeil, the following resolution was introduced. RESOLUTION -NO. 1399, a resolution increasing the 1964 -65 Budget. (Account-No * 743, Water - Operation of Treatment Facilities, increased by $4,400; Account No. 798, Water - Outside Services Employed, decreased by $4,400) Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 31. Communication from Brown and Caldwell, Consulting Engineers, regarding ' their study on refuse collection prepared for the City of San Luis Obispo, emphasizing several of the points in their garbage service report that were questioned at the public hearings. George Voit, representing San Luis Garbage Company, stated that he would ask that the Council adopt the recommendations of the Brown & Caldwell re- port without too many changes and was sure that the Council recognized the competence of the consulting engineers and urged.that the Council proceed with adopting the recommended rate of $2.10 for one container per week, as this matter of rate increase had been delayed for almost a year. The company first asked for a rate adjustment due to their being forced by the County of San Luis OBispo to begin a cut and fill dump operation. Mr.Voit presented for the Council's information the cost of operation of a cut and fill operation. He also refuted some of the claims made.by opponents to the Brown and.Caldwell report. He then asked that the-City Council intro- duce an ordinance setting the rates as proposed by Brown & Caldwell. He also suggested that the rates be amended on optional rubbish rates of . $.1.50 per month.to 90fi per month for a total rate of $3.00 per month for both garbage and rubbish pick -up combination per week. Charles Adams asked why he must make a twelve (12) month contract with the garbage company when he opposed the compulsory provisions of the ordinance and does not want to be required to pay for rubbish service that he doesn't need. Mr. Adams continued by asking why must the rate be predicated on one con- tainer per one pick -up and why not have a flat rate of one pick -up per week of all garbage and rubbish generated around his house. Mr. Voit explained the method used to arrive at the various colleciton rates suggested by the Brown & Caldwell report. Mr. Lewetzow presented his.interpretation of the franchise, stating that it was illegal to increase.the collection rates during the life of the contract. He stated it was his opinion that the garbage company knew what the rates were when they took franchise and now should not be coming back for rate increases. City Council Minutes March 29, 1965 Page 9 Mrs. Alcott objected to the City Council paying for a consultant to jus- tify the rate increase for the garbage company. Mayor Davidson explained the reason for the Council retaining Brown & Caldwell firm. Mrs. Alcott again.questioned the Brown & Caldwell report listing.the cost of the tractor, dozer, ripper and carry -all. She then read from the Los Angeles Times' classified section a list of tractors for sale. Mr. Alcott objected to being required to contract for twelve (12) months for rubbish pick -up. Also, he wanted to knwo if the rates at.the dump were to be increased also and if this could be discussed at this time. Mr. Cattaneo stated he felt that the purpose of this meeting was to set rates for collection of garbage from single houses and not to discuss the cost of used equipmetit for sale in-the Los Angeles newspaper, and hoped the Council would proceed with the rate discussion. Dr. Mullin asked would the garbage company pick up a can at the curb for 90C per month as he feels that this charge would be fair for him as he has a garbage disposal. Dr. Mullin suggested a rate of $2.10 per month for all garbage.and rub- bish as he feels that the $3.00 per month rate is too high for most people in the City. Joseph Maes stated that if Mr. Cattaneo is dissatisfied with the present rates, then throw out the present company and call for bids for new companies to come in and see what they would do it for. Mr. Alcott stated he felt that the San Luis Garbage Company offer of $2.10 per month is very fair and that he.agrees with the collection of garbage in the backyard and not at the curb. Mrs. Alcott questioned the figure used by the Brown &.Calwell auditors as she feels that the figures have been padded and that a double set of books must have been kept.. Mr. Voit stated that if Mrs..Alcott's charges are true, then this is.a matter for investigation by the Grand Jury of the County of San Luis Obispo. Mayor Davidson declared the public hearing closed. On motion of Councilman Graves, seconded by Councilwoman McNeil, the follwoing ordinance was introduced. ORDINANCE NO. 309, the Garbage Ordinance (based on $2.10 per month for one container plus revised rate of 90C per month for weekly collection of rubbish at curb.) 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 NOES: Clell W. Whelchel ABSENT: None Councilman Whelchel asked if the collection could not start before 7:00 A. M. in the morning and could.limitation be not over seventy -sive (75) pounds in weight. 32. The following communication was received from the.Division of Highways regarding Highland.Drive extension: "In accordance with your verbal request, we have made a preliminary study to determine the acceptability of an additional road approach to State Route 1 connecting with Highland Drive. City Council Minutes March 29, 1965 Page 10 Attached for your reference is a print.showing a possible general design for such a road approach. Topographic conditions in this vicinity are such that there is very little latitude in the location. The location can only be shifted-a few feet in either direction. It is is shifted to the south, the approach grades from Highland Drive are too steep and would result in a very unsatisfactory operation for a signalized inter- section. A shift to the north would result in excessive excavation for the extension to the college campus. The location shown is apparently the best compromise and while subject to minor revision on detailed study it appears to be acceptable. We believe that-this construction would result in a desirable improvement in traffic circulation and would also expect it to create some hazard not now present because the highway is very open at this location and condu- cive to high. speeds. While visibility is acceptable, it is not unlimited and this factor.will also contribute to some hazard. It would be possible to construct on this location in stages by first con- necting Highland Drive to North Chorro Street, thence on to State Route 1 at a later time and ultimately extending to the college campus. While we have made no traffic studies, it would be anticipated that signalization would be required at the time of the connection to State Route 1. Should you wish to discuss this matter further, please feel free to con- tact us." City Engineer Romero presented a map showing Highway Department proposal and explained that the alignment shown falls somewhat north of that pre- viously agreed.to the the Poly staff.leaving an area 40 foot and greater in depth Between the proposed street and private property to the south. He explained that Cal Poly representatives had indicated that this align- ment would be an acceptable alternate since it would allow for the future ' extension to Cal Poly campus. On motion of Councilman Graves, seconded by Councilman Miller, that a.letter be_aforwarded to Cal Poly stating that the City would be interested.in buying right -of -way and. the area between right =of -way and City limits subject to some covenants. Motion carried. 33. At this time the City Council discussed the advisability of requiring sidewalks on Augusta Street between Bishop Street and Gerda and Greta Street, and on Bishop between Johnson Avenue and Augusta Street. City Engineer Romero made a presentation showing the existing improvements and explained that if the Council found that public convenience and neces- sity required full improvements these could be completed prior to start of school in the fall. On motion of Councilman Graves, seconded by Councilman Miller., that the new Council be requested to continue existing sidewalk policy, etc., and the City Engineer is to prepare a report on the above matter for the new Council. Motion carried. 34. At this time the City Engineer reported on curb, gutter and sidewalk improvements on Augusta Street to Richard Street connection. City Engineer Romero presented a transparency showing the status of current improvements, explaining that City Council public convenience and necessity findings were needed to complete the improvements this summer. On motion of Councilman Whelch el, seconded by Councilman Miller, that.the City Engineer proceed with preparation of a preliminary report. Motion carried. 35. Communication from Wickson Woolpert, Attorney representing Mr. & Mrs. Al Ferrini and Dr. Karl Kundert, asking that the City Council expedite their decision relative to the road problems on Highland Drive adjacent to their property. This matter was held over to the meeting of April 5, 1965. City Council Minutes March 29, 1965 Page 11 X. Mel Hahn appeared before the City Council asking what was the Council action going to be relative to the Transient Occupancy Tax, and further, that they had filed a petition demanding that.the citizens of the City be allowed to vote on the matter to court and it would cost the citizens of the City a great amount of money for litigation and for special election. Mr. Hahn demanded that the City Council take action this evening and res- cind this abusive ordinance. City Attorney Houser explained that the court decisions in the cases of the Cities of Pismo Beach and San Diego referred to by Mr. Hahn do not apply in that the courts distinguished those cases from the referendum filed by the motel operators. Further, that the appelate and supreme courts have consistently held that the constitutional law of referendum does not apply to taxes for General Fund purposes. Mr. Hahn asked if all apartments, trailer parks, etc., have been notified of the need to apply for a certificate to collect a transient tax. Mr. Hahn was informed that the ordinance was being complied with. 36. League of California Cities Legislative Bulletin dated March 19 and 14, 1965, was received and filed. 37. Communication from Congressman Burt L. Talcott informing the City Council of action he has taken to assist in the application of CABLE TV for this community was received and filed. 38. Notice of the following hearings before the San Luis Obispo Local Agency Formation Commission on the following matters: A. Proposed formation of a Recreation &.Park Dist., April 1; 1965 B. Proposed annexation to the City of San LUis Obispo.of Lot 57 of the Ranchos Canada De Los Osos & La Laguna (Lamoro Company) Said notice was received and filed. 39. Letter from Senator Vernon L. Sturgeon regarding the P.G. &E. Plant on Nipomo Mesa, notifying the Council that he wholeheartedly supports the installation and construction of the P.G. &E. Power Plant on.Nipomo Mesa. He felt that these plants can be built and still protect the esthetics as desired by the conservation. He. stated he would wholeheartedly support this proposal and work for approval with the governmental agencies involved. On motion of Councilman Miller, seconded by Councilman Whelchel, the follow- ing resolution was introduced. RESOLUTION NO. 1400; a resolution supporting development of P.G. &E. Plant in San Luis Obispo County. Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: R. L. Graves, Jr. ABSENT: None 40. Communication from the City of South San Francisco regarding Assembly Bill No. 734- City Council Compensation Plan, and urging the City of San Luis Obispo support of said Bill, was received and filed. 41. Communication from Senator Thomas H. Kuchel acknowledging receipt of the City of SLO RESOLUTION NO. 1390, 1391 & 1392 was received and filed. 42. Communication from Southern Pacific Company regarding installation of automatic gates at Orcutt Road, was referred to the City Engineer for a report to the City Council. 43. Communication from the City of Anaheim requesting support of Assembly Bills No. 346 & 431, was held over. 44. Report from D. Jackson Faustman entitled "Estimate of Parking Needs for San Luis Obispo ", was held over. 45. On motion of Councilman Miller, seconded by Mayor Davidson, that a report be prepared on sidewlak installation for Hlgh Street for the Council consideration at their meeting of April 19. 1965: Motion carried. 46. On motion of Councilman Miller, seconded by Mayor Davidson, the meeting adjourned at 11:40 P.M. APPROVED: April 19, 1965`�/� %� //� F1;LY TRICK, CITY CLERK