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HomeMy WebLinkAbout04/19/1965REGULAR MEETING OF CITY COUNCIL April 19, 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, 1 Donald Q. Miller, Clell W. Whelchel 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. Battalion Chief Wainscott, Fire Department; W. Schofield, Police Chief. On motion of Councilman Whelchel, seconded by Councilman Graves, the minutes of March 29, 1965 were approved as presented. Motion carried. On motion of Councilman Graves, seconded by Councilwoman McNeil, claims against the City for the month of April 1965 were - approved, subject to the approval of the Administrative Officer. ----------=-------------------------------------------------------------------- 6. At this time the City Council continued a discussion on the matter of repairs to property and street on Highland Drive. In accordance with the Council's action at the meeting-of April 5, 1965, Mr. Wool- pert kad prepared -an agreement which provided for the work to be done by the City with Mr. Ferrini making red rock available free of cost and that'the adjoining lots would be returned to substantially the same condition that they were in be- fore the slide. That Mr. Robert Williams, on behalf of the property owners, and the City Engineer were in agreement on the method of correcting the problem and as soon as the report from the City's consultant was received, they would agree upon the extent of the work, and upon completion of the construction, were to so state in writing that the work had been.completed. The agreement further provided that any rights existing against the other parties from the slide'or from the construction would be waived upon completion. City Engineer Romero explained delay in receiving the report from Franklin and Associates. On motion of Councilman Miller; seconded by Councilman Whelchel, that the agree- ment be accepted and the Mayor was authorized to sign said agreement on behalf of the City. Motion carried. A. Dave Stickler, Cal Poly student whose group is cooperating with the Cancer Society in raising funds for the drive by selling empty cigarette cartons to people who wish to contribute to the drive. He asked that they be allowed to use part of Lot 6 for a period from 10:00 A.M. to 4:00 P.M. on Saturday. The Council suggested that the group consider use of the Mission Plaza Park (small) at Chorro and Monterey Streets. ' On motion of Councilman Graves, seconded by Councilman Miller, approval was granted for use of the Mission Plaza area. Traffic Committee Report of April 7, 1965. 65 -4 -8C. On the request for two 12 minute time limit parking spaces along side the American Cleaners establishment, the Traffic Committee feels that such a zone would be helpful for short term parkers in the area. It is there- fore recommended that the first two spaces north of the American Cleaners driveway ramp on the west side of Johnson Avenue be designated as 12 minute green zones. City Council Minutes April 19, 1965 Page 2 65 -4 -9T The postal authorities have suggested the establishment of an- other snorkel mail box on Morro Street for motorists on Marsh who are unable to get to the left hand side of the street. The Traffic Committee concurs that this would be helpful and suggests that the bos be placed on the West side of Morro just south of the driveway ramp into the Post Office parking lot and that the two parking meter zones south of this driveway ramp be re- placed with a white loading zone. 65 -4 -IOC A traffic hazard has been called to our attention for visitors to the Sleep -Off- The - Highway Motel entering South Street because of the cars parked on the south side of the street west of the motel entrance. It is therefore suggested that a NO Parking Zone be established with signs reading: "No Parking Between Signs" extending from the Gallagher Electric property line easterly to the motel entrance. Mr. Gallagher objected due to minimal amount of parking in the area now and that elimination of the spaces proposed will only make it worse on the other businesses in the area. Mr. Harris also objected, stating that all available parking is needed. On motion of Councilman Miller, seconded by Councilman Whelchel, item 65 -4 -IOC was dropped from the report. Motion carried. 65 -4 -IIT We have had a request for an additional street light in the 200 block of Sandercock Street which is a rather long block extending from Cypress to Beebee. We recommend the addition of a street light in mid - block. No objection was made by the City.Council. The City Engineer was authorized to proceed. 65 -4 -12T We have had a request for a red.zone on the east side of Santa Barbara Avenue south of the Kelly -Moore driveway ramp to improve visibility for cars leaving the Kelly -Moore parking lot. The Traffic Committee recog- nizes this visibility problem and recommends that 60 feet of red zone be established south of the driveway ramp. The matter was re- referred to the Traffic Committee. On motion of Councilman Miller, seconded by Councilman Whelchel; the follow ing resolution was introduced. Resolution No. 1410,.a resolution establishing limited parking on Johnson Avenue and Morro.Street. (Traffic Committee, report 8C and 9T) 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 IA. On motion of Councilman Miller, seconded by Councilman Whelchel, the City Engineer to present plans and specifications for construction of sidewalk on Foothill Boulevard Culvert, for Council consideration at the meeting of May 3, 1965. Motion carried. 4. At this -time the City Council held a public hearing on the recommendation of the Planning Commission to establish building setback lines on Higuera St. from Marsh St., south to the City limits. Mayor Davidson declared the public hearing open. The followi.ng.communication was received from the Planning Commission: 1 u 1 City Council Minutes April 19, 1965 Page 3 "The Planning Commission held a public hearing on setback lines for Higuera Street from Marsh Street south to the City limits, prepared by the City Engineer. There were no public comments on these proposed setback lines, and the Planning Commission therefore recommends that.the City Council adopt the setbacks proposed by the City Engineer." City Engineer Romero explained to the Council.and public present the need for establishing.setbacks. He then presented a map showing the propsed building setback line for Higuera Street from Marsh Street to the City limits and explained in detail the hasis used for setting the line. Mayor Davidson declared the public hearing closed. On motion of Councilman Whelchel, seconded by Councilman Miller, that this matter be over for thirty (30) days so that the property owners involved could study and discuss this proposal with the Council. MOtion carried. 2. On motion of Councilman Graves, seconded by Councilman Miller, the follow- ing ordinance was introduced for final passage. Ordinance No. 309, an ordin- ance amending certain provisions of the Municipal Code for collection and disposal of garbage. Mayor Davidson declared the public hearing open. No presentations or comments were made from the public present. Mayor Davidson declared the public hearing closed. Ordinance no. 309 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 3. Ordinance No. 310,.an ordinance enacting Section 6100.45.1 of the San Luis Obispo Municipal Code, providing for termination of card room licenses, was introduced. City Attorney Houser briefed the provisions of the proposed ordinance for Council information. Charles Buck, representing Mr. Negranti, owner of Morro Club, asked for a delay in taking action until he has had an opportunity to discuss the pro- visions of the proposed ordinance with the Council's attorney. On motion of Councilman Miller seconded by Councilman Graves, the matter was deferred to May 17, 1965. Motion carried. X. City Engineer Romero presented for the Council's information approval project statement for gas tax funds for reconstruction of High Street - Higuera to Santa Barbara Street, for presentation to the State Division of Highways. ' X1. On motion of Councilman Graves, seconded by Councilman Miller, the follow- ing resolution was introduced. Resolution No. 1414, a resolution of the City of San Luis Obispo adopting and submitting a budget for expenditure of funds allocated from the State Highway Fund to cities. 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 City Council Minutes April 19, 1965 Page 4 X2. City Engineer Romero then presented e strip map of High Street from Higuera Street to Santa Barbara Street showing existing curb, gutter and sidewalk installation and properties lacking said improvements. On motion of Councilman Miller, seconded by Councilman Graves, the following resolution was introduced. Resolution No. 1408, a resolution requiring side= walk improvements on a portion of High Street. Passed and adopted on.the followi:ng 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. The following communication was received from the Park and Recreation Commission regarding Mart Rose nthaIIs property proposal: "The Park and Recreation Commission voted unanimously in favor of Richard Loomis' motion, seconded by Jim Douglas. MOTION: The Park and Recreation Commission is interested in Mr. Mart Rosenthal's property, if the price is right and two properties (Mr. Rosenthal's and Sinsheimer Park) are not divided by a thoroughfare. The Commission is against the proposed tie -in between Augusta Street and Richard Street. They are not opposed to the other thoroughfare, Southwood Drive, that enters school property." The City Council discussed the suggestion of extending Helena through to Southwood instead of extending Augusta and Richard Street and any benefits that might be derived from this change. City Administrative Officer Miller brought to the Council's attention the objection to the Richard - Augusta Street extension as discussed by the Park and Recreation Commission. On motion of Councilman Whelchel, seconded by Councilman Miller, that the City proceed with construction of connection of Richard and Augusta Streets. Motion carried, Councilman Graves and Councilwoman McNeil voting no.. Councilman Miller moved that Councilman Whelchel, City Attorney Houser and Administrative Officer Miller be.appointed as a committee to, meet with Mr. Rosenthal to negotiate for acquisition of property. Motion died for lack of a second. 8. The following communication was received from the Planning Commission regarding Tract No. 333, Vista Grande: "Resolution No. 51 -65 of the-Planning Commission approved a tentative tract map of the above. This subdivision will convert the Vista Grande Apartments into a Condominium. No additional building or changes to the existing buildings are proposed but a subdivision is required for the conversion to comply with the requirements of the State.Map Act. This memo is to inform the Council of the Commission's action, as required by the Subdivision Regulations." - On motion of Councilman Miller, seconded.by Councilman Graves, the tentative map of Tract No. 333, Vista Grande, was approved. Motion carried. City Council Minutes April 19, 1965 Page 5 9. The following communication was received from the Planning Commission re- garding annexation of Young Brothers' property on Edna Road: "Resolution No. 54 -65 of the Planning Commission recommends that, in order to ensure orderly growth in the City, Young Brothers be.invited to include all the properties in the area north of their shopping center as part of their annexation. The Planning Commission felt that the opportunity should be taken to annex the properties north of Young Brothers, as shown on the attached map, to eliminate this salient of unincorporate- territory within the City with its attendant jurisdiction problems of Police and Fire protection: The Commission did not think that the City should take on the task of approaching these property owners, but rather that it should be.done by Young Brothers. Any additional properties to the south or west of Edna Road which desire to annex could be included, but the Commission does not feel that any special effort should be made at this time to annex this area.. Planning Director Chapman showed a map of the requested annexation and the additional area recommended by the Commission. Councilman Miller stated he felt that the City should give an answer to the Young brothers tonight so they can proceed with their improvements. On motion of Councilman Graves, seconded by Councilman Whelchel, that the recommendations of the Planning Commission be followed and an attempt be made to annex area between the City and the Young Brothers property along Edna Road. A City Council committee to be appointed to meet with Young Brothers representatives and explain Council proposal. Motion carried. Councilman Miller stated that he felt that the City should initiate a strong ' program to sell annexation.to the property owners in the subject area. 5. At this time the City Council held a public hearing on the recommendation of the Planning Commission to establish setback lines on Osos Street from Higuera to Monterey Street. Mayor Davidson declared the public hearing open. City Engineer Romero presented a map and explained the proposed setback line on Osos Street. Mayor Davidson declared the public hearing closed.. On motion of Councilman Graves, seconded by Councilman Miller, the following ordinance was introduced. Ordinance No. 311, an ordinance establishing set- back lines on Osos Street from Higuera to Monterey Street. Intorduced and passed to print.on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchell NOES: None ' ABSENT: None 10. Communication from Wood's Animal Shelter asking for an extension of agree- ment for fiscal year 1965 -66 and also requesting an increase in fee. Communication was referred to the new Council for recommendation, on motion of Mayor Davidson, seconded by Councilman Miller. Motion carried. 11. Communication from Harry Murphy Attorney, requesting Council consideration of abandoning a portion of Palm Street east of,Grand Avenue to the adjacent property owner, was taken off the agenda at the request of the owner of the property, Mr. William 0. Hall. City Council Minutes April 19, 1965 Page 6 12. The following communciation was received from Fresno County Department of Public Works: "Assembly Bill 346 which assigns a minimum of 50 percent of the cost of grade crossing protection maintenance to the.public agency has been passed by the State Assembly and a hearing is scheduled by the Public Utilities Committee of the State Senate on April 14, 1965. The Fresno County Board of Supervisors adopted the enclosed resolution which outlines the reasons for opposing this bill. Also enclosed is a copy of Public Utilities Commission's opinion that was rendered in February of 1964 assessing the total maintenance'cost to the railroad. Copies of this material have been forwarded to the Governor and all State Senators. Representatives of Fresno County also plan to present testimony at the above hearing. We contend that the far reaching significance of this bill is not fully recognized by the legislators and it is our hope that we can have this bill referred to an interim committee for future study. We realize that time is extremely short, but any support that your agency can lend to this cause will be appreciated." City Administrative Officer Miller. read the comments from the League of California Cities on AB -346. He stated that from the League's memo,. it appeared that coverage of the bill would be beneficial to the City, in that it would avoid the possibility of the City having to pay a share of maintenance costs. City Attorney Houser to write to State Senator Vernon L. Sturgeon asking for his support on AB -346. 13. Communciation from the City of Redding, California forwarding copy of resolution supporting AB -1218 pertianing to purchase of revenue producing facilities by local agencies and asking that San Luis Obispo City Council adopt a similar resolution. On motion of Councilman Graves, seconded by Councilman Miller, the following resolution was introduced. Resolution No. 1411, a resolution endorsing enactment of AB -1218. 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 14. Communicaiton from the California Disaster Office.-forwarding new radio agreement for State - owned.mobile radios. On motion of Councilman Whelchel, seconded by Councilwoman McNeil, the Mayor was authroized to sign agreement on behalf of the City. Motion carried. 15. On motion of Councilman Graves, seconded by Councilman Miller, the following Grant Deed, Covenant and Agreement were accepted and the Mayor was authorized to sign said agreement on behalf of the City and have the Grant Deed and Covenant recorded. Motion carried. A. Grant.Deed and Agreement from.Lawrence S. 8 Edith I. Westcott for street widening and installation of curb, gutter and sidewalk on Foothill Blvd. B. Covenant from Shannon and Marjorie Horn for sidewalk exception on Buena Vista. 16. Communication from the.State Department of Finance furnishing summary report of the first phase of the California State Development Plan, was received and filed. City Council Minutes April 19, 1965 Page 7 17. Notice of meeting before the Boundary Commission on annexation of Touchstone property to the City, was received and tiled. 18. Financial statement of Chamber of Commerce for the month of March 1965 was received and filed. 20. Mayor Davidson reported on possibility of developing an air force widows' housing development on a portion of Camp San Luis Obispo, which would not only help the widows, but also the City of San Luis Obispo and adjacent area. Mrs. Bilodeau appeared before the City Council supporting the development of this housing for air force widows. Mrs. Bilodeau explained the organization behind this proposal, and the ways they were raising funds for the development. Councilman Whelchel moved that the staff write to the organization and inform them of availability of Camp San Luis Obispo land and its proximity of Vanden - burg Air Force and state that the City is interested in this development. Motion lost for the lack of a second. Councilman Miller moved that the Mayor - elect, Councilman Whelchel, write this organization for additional information and offer the land in San Luis Obispo. Motion lost for the lack of a second. On motion of Councilman Graves, seconded by Councilwoman McNeil, that the Mayor -elect be authorized to send :a letter of invitation to this organization to visist San Luis Obispo for possible development in San Luis Obispo. Motion carried. 21. Communication from the City of Santa Monica asking support from the City Council of San Luis Obispo on Assembly.Bill No. 2050. On motion of Councilman Miller, seconded by Councilman Whelchel, the following resolution was introduced. Resolution No. 1412, a resolution endorsing enact- ment of AB -2050. 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 22. On motion of Councilman Miller, seconded by Councilwoman McNeil, the follow- ing resolution was introduced. Resolution No. 1407, aresolution increasing the 1964 -65 Budget. (Accoutn No. 1407, General Government - Insurance and Bond Premiums, be increased by $4,000 and that the Unbudgeted Reserve be decreased by $4,000) Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R.L. Graves, Jr., M iss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 23. On motion of Councilman Graves, seconded by Mayor Davidson, the following resolution was introduced. Resolution No. 1417, a resolution commending the City staff. 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 City Council Minutes April 19, 1965' Page 8 24. Richard D. Miller, Administrative Officer, reported there was some question on whether or not Dr. Faustman should be paid for his parking study at this point. the report had been submitted, but the question was whether or not it was accept- able to the City. City Engineer Romero stated that in his opinion the report was not acceptable, since it negledted to consider expansion of Lot #3. Mr. Romero also questioned Dr. Faustman's figures for improving the lot at Montery and Broad streets. On motion of Councilman Miller, seconded by Councilman Graves, that the matter be referred to the new Council and withhold payment. Motion carried. 25. At this time the City Engineer:, D. F. Romero, reported on Ferrini Road improvements. He stated that his staff had prepared the necessary exhibits and property valuations for the minor widening needed. City Attorney Houser explained the necessity to negotiate with the property owners before acquisition is started to see if condemnation will be necessary. That in order to more closely estimate the cost of acquisition, it was neces- sary to determine how many property owner's would agree to deed the widening portions of the street and that next, a qualified appraiser would have to be hired to testify in court and to establish severance damages, if any. On motion of Councilman Graves, seconded by Mayor Davidson, the matter was referred to the new Council for agenda of May 3, 1965. Motion carried. 26. City Engineer Romero reported on sidewalk improvements on Bishop and Augusta Streets. On motion of Councilman Miller, seconded by Councilman Whelchel, the following resolution was introduced. Resolution No. 1409..a resolution requiring side- walk improvements on portions of Bishop, Augusta and Richard. Streets. The City Council preliminarily determined that the public interest, conven- ience and necessity require the construction of sidewalks on these streets and a public hearing was set for May.17, 1965 at 9:00 P.M. Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R.L. Graves,Jr., Miss Margaret McNeil, Donald Q. Miller, Cle.11 W. Whelchel NOES: None ABSENT: None 19. On motion of Councilman Whelchel, seconded by Councilman Miller, the City Clerk was directed to supervise the canvass of the ballots of the April 13, 1965 General Municipal Election and report to the City Council the.results. Motion carried. On motion of Councilman Whelchel, seconded by Councilman Miller, the meeting adjourned to 1:45 P.M., April.20, 1965, to officially canvass the election results of April 13, 1965 Election. Motion carried. Approved: May 1, 1965 _llr J F TRICK, CITY CLERK 1 J I