HomeMy WebLinkAbout07/12/1965ADJOURNED MEETING OF CITY COUNCIL
July 12, 1965 - 7 :30 P. M.
CITY HALL
Roll Call
' Present: Emmons Blake, Frank Gallagher, Donald Q. Miller,
Arthur F. Spring, Clell W. Whelchel
City Staff
Present: P. Chapman, Director of Planning & Building; J. H. Fitzpatrick,
City Clerk; W. Flory, Supt. of Parks & Recreation;
W. M. Houser, City Attorney; R. D. Miller, Administrative
Officer; D. F. Romero, City Engineer; L. Schlobohm, Fire
Chief; W. Schofield, Police Chief; E. F. Thompson, Water
Superintendent.
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1. At this time the City Council held a public hearing on the formation of the
Lower Higuera Assessment District.
Mr. Harold Blake, Special Assessment Attorney, explained the procedure to
follow in proceeding with the formation of the District.
J. H. Fitzpatrick,. City Clerk, reported on bids received on the Assessment
District.
They were as follows:
' West Coast Construction Co., Inc. $1329566.80
W. M. Lyles Company $1333239.95
Lloyd E. Tull, Inc. $168,698.00
Sierra Pipeline & Construction Co. $1712741.00
Ted Watkins Construction Co. $1932727.60
Letters of protest were received from Merville F. & Leo R. Soules and Lloyd
Mathews.
City Engineer Romero explained the purpose and extent of the District, history
and basic Council decisions used in making the assessment spread.
Mr. Romero, using two maps of the proposed'District, showed the method of
assessment for both the sewer and water construction.
Mavor Whelchel declared the public hearing open.
Mr. Soules appeared before the Council on behalf of his protest, objecting
to being assessed for area in addition to frontage. He stated that the
assessment was 1/4 the value of the property. He stated that he hoped the
Council would keep in mind the shallow depth of his property.
Mr. Mathews stated that he hoped the Council would uphold his written protest
and not include his property in the district. Further, his property is
served by a well and has no need for City water.
Mrs. Faustino asked if the 80 foot strip used for utility line can be taken
from the assessment.
City Engineer Romero explained that there are two approaches which could be
used in assessing property under this utility line. Although Mr. Pearson
had used the approach that property within the easement is useable for every
purpose except construction of a structure and the point raised by the
Faustino's that the restriction to building a structure makes this property
restricted to the point that the sewer and water is of no benefit, is valid.
City Council riinutes
July 12,1965
Page -2-
City Engineer Romero explained that the condition of the use permit for
the Touchstone Trailer Park called for street dedication for the extension
of Prado Road and County Road # 8107. He pointed out that Mrs Touchstone
was not irrevocably committed to this dedication since she did not have
to develop the trailer park. He explained further that the City will be
quit claiming a portion of Higuera Street and County Road # 8107 and should
be given credit for this frontage if it relieves Mrs Touchstone from her
obligation on the assessment district for the extension of Prado Road.
Mrs Emmons asked for assurance by the City Council that the amount she
has already paid for sewer hookup will b e credited to her new assessment. '
City Engineer Romero - answered that the three property owners who had paid
their sewer connection charges would be given credit for this amouht on
their sewer assessment.
Mrs Touchstone congratulated the Council on their foresite in forming a
District for future development of this part of the City.
Mayor Whelchel declared the public hearing closed
Mr. Pearson stated that after recalculation the assessments can be
reduced by about 15% due to the low bid received.
Mayor Whelchel stated he felt that as the Touchstones are granting land to
the City this should be considered in spreading the assessment, but the
land being given to them by the City should be added to the assessment. He
alto stated he felt that any land being required for street widening should
be taken from the assessment and respread.
Councilman Gallagher asked for clarification of the sizes of water main in
the district.
City Engineer Romero explained the line sizes used, how these sizes would
fit into the water and sewer master development plan, and the method used
in sharing the cost between the City and the property owners '
Councilman Blake stated he did not feel that any consideraticn should be
given to the grant of land from Mrs Touchstone during this assessment
proceeding unless the land is deeded to the City.
Councilman Miller stated he felt that some consideration should be *given to
the Faustino parcel for the land and the power easement, and suggested that
the assessments be reduced on this area.
On motion of Councilman Miller, seconded by Councilman Gallagher, that land
under P G & E easement and frontage be exempted from the assessment.
Motion carried unanimously.
Councilman Spring questioned the assessment for full water improvement to
the Mathews property when no benefit will be derived to the property owner.
City Engineer - Romero explained that the same method was used in assessing
each property regardless of whether the property owner is now .using the
facilities. He explained further that the primary cost of the water line
is created by the necessity to provide fire protection
Councilman Gallagher moved, seconded by Councilman Spring.. that the.assess-
ment be left on the Touchstone property as is until the development of her
property takes place at which time an adjustment would be made on City ,
acquiring the land. Motion carried unanimously.
tr. Harold Blake stated that the Council could at a later date segregate
the street parcel from the Touchstone parcel and could be assessed to the City
City council Minutes
July 12, 1965
Page -3-
City Engineer Romero suggested that rather than respread all assessments,
that the City pay for the exceptions for power line out of the contingency
allowances.
' Administrative Officer Miller concurred in the recommendation of City Engineer
Romero.
The Council agreed.
On motion of Councilman Blake, seconded by Councilman Gallagher, the
following resolution Was introduced. Resolution No. 1453, a resolution
overruling protests on Resolution No. 1431 of preliminary determination
and of intention.
Passed and adopted on the following roll call vote:
AYES: Emmons Blake, Frank Gallagher, Donald Q. Miller,
Arthur F. Spring, Clell W. Whelchel
NOES: None
ABSENT: None
On motion of Councilman Gallagher, seconded by Councilman Spring, the
following resolution was introduced. Resolution No. 1454, a resolution
ordering reduction of assessments.
Passed and adopted on the following roll call vote:
' AYES: Frank Gallagher, Arthur F. Spring, Emmons Blake,
Donald Q. Miller, Clell W..Whelchel
NOES: None
ABSENT: None
on motion of Councilman Miller, seconded by Councilman Spring, the following
resolution was introduced. Resolution No. 1455, a resolution determining
convenience and necessity, adopting engineer's report, confirming assessment
and ordering work and acquisitions.
Passed and adopted on the following roll call vote:
AYES: Donald Q. Miller, Arthur F. Spring, Emmons Blake,
Frank Gallagher, Clell W. Whelchel
NOES: None
ABSENT: None
On motion of Councilman Blake, seconded by Councilman Miller, the following
resolution was introduced. Resolution No. 14562 a resolution of award of
contract.
Passed and adopted on the following roll call vote:
AYES: Emmons Blake, Donald Q. Miller, Frank Gallagher,
Arthur F. Spring, Clell W. Whelchel
NOES: None
ABSENT: None
City Council Minutes
July 12, 1965
Page -4-
On motion of Councilman Gallagher, seconded by Councilman Miller, the
following resolution was introduced. Resolution o. 1457, a resolution
designating collection officer'.
Passed and adopted on the following roll call vote:
AYES: Frank Gallagher, D)nald Q Miller, Ramons Blake,
Arthur F Spring, Clell W. Whelchel '
NOES: None
ABSENT: None
On motion of -Councilman Miller, seconded by Councilman Gallagher,
prior payments to be credited on assessment. Motion carried.
2. City Council's consideration of appointment to commissions and
committees of persons whose terms expired June 30, 1965, was held over
until the meeting of July 19, 1965.
3. Communication from J. B. Taylor, 3101 Rockview Place, forwarding bill
for field and engineering sertices to determine amount of damage
occurring as a result of the Rockview Place grade change, was held
over at the request of the City Attorney.
I1. Report of Council Committee on further fluoridation of City water system,
was held over and copies be sent to the City Council.
5. At this time the City Council Committee on alternate methods of weed
abatement made a report to the �'ity Council. Their recommendations were
as follows:
"1. Purchase of new 50" commercial rototiller "Howard Rotomotor" or '
equal, and used tractor, 30 HP minimum, in December, 1965, at a total
cost or approximately $2,600 with funds to be transferrers to the
1965 -66 Weed Abatement Program budget item account.
2. Transfer of an additional $2,000 to the 1965 -66 Weed Abatement
program account to prevent fiscal lag and to provide operating capital
for 1966 abatement, due to the fact that a major part of the posting and
rototilling will be done during the period of January through April.
3. Tentative establishment of a $10.00 per hour rate for rototilling,
with the rate to be adjusted prior to first billing to property owners in
the event experience shows that a higher or lower rate seems justified."
The matter was referred to the Council Committee to make arrangements for
a rototiller desmonstration.
6. Councilman Miller brought up the matter of the lease from the pity td
the Bailey Bridge Uompany for material storage yard as the City was
receiving a very low rental and because of possible pollution of the water
in the reservoir from sand blasting of equipment.
Councilman Miller suggested that the City Council proceed to terminate the
lease upon expiration in February, 1967.
The City Council discussed the proposal of Councilman Miller I
Councilman Spring stated that upon inspection of the property, he did not
feel that the said from sand blasting was a hazard because it blew away
from the reservoir. Also, he wanted to know who owned the sheep on the
property and who authorized the sub - leasing to graze sheep and he wished
to know who ofted the sheep
City Council Minutes
July 12, 1965
Page -5-
Water Superintendent Thompson stated that to the best of his knowledge
the sheep belong to the Future Farmers of America at the High School.
' Mr. Thompson was instructed by the Mayor to bring back a report as to who
owned the sheep.
On motion of (councilman Miller, seconded by Councilman Whelchel, that this
item be put back on the agenda six (6) months prior to expiration of lease.
Motion carried.
7. Communication from James L Rich regarding adjustment of water bill due to
poor and ineffective service being received.
Water Superintendent Thompson recommended that the owner of the premises
solve the silt problem by the installation of a settling tank and the
pressure problem by the installation of a hydro pneumatic pumping system.
The matter was referred to the City Attorney for legal opinion as to whether
or not the service must be continued and report back to the City Council.
8. ` Communication from Mr. and Mrs. Cecil German registering a complaint against
the City Police Department on activities during recent troubles at their
grocery store. Complaints involved (1) juvenile who gave their grocery
store a forged check, (2) breaking and entering of burglars into the
store, and (3) run -away car smashing into the front of their grocery store.
Communication from Police Chief Schofield answering the complaints of the
' Germans.
Mrs. German stated that she was not interested in the Chief's excuses and all
she wanted to know is why the Police Officer left the scene of the accident
until she and her husband could be located and came to protect their property.
Police Chief Schofield stated that he felt the report spoke for itself and
the figures quoted in the report reflected the Department's efficiency and
respect.
He continued that the officers involved were present'in the audience in
case the Council wished additional information.
Officer McKernon appeared before the Council and explained his action at the
scene of the accident to the Tiny Mart,
Captain Rodgers reported his actions and conversation with Mr. and Mrs.
German regarding the incident at their property at 420 High Street.
City Attorney Houser explained officers discretion and criminal intent.
That so long as there were no holes in the structure large enough for a
person to crawl through, anyone wanting to enter the premises would have
to break part of the structure, which would constitute felonious burglary and
the force required would be no different than that necessary to break a
window in order to enter the building. Therefore, the officer was justified
' in his conclusion that the premises were safe unless someone intended to use
enough force.to break into the premises.
Councilman Spring stated at this time all the City can do is to take this as
an object lesson and in the future more attempt should be made to contact
the owners of damaged property.
Councilman Miller stated that possibly the City may have been remiss in not
notifying the property owners of the damage to their property as soon as
possible.
City Council Minutes
July 12,1965
Page -6-
Sgt Garzoli, watch Commander atthe time of the incident, explained
what was taking place at the Police ° tation during the accident at
the Tiny Mart Store.
Chief Schofield explained the workings of the emergency control file
so that the Folice Department can have a list of phone numbers and
addresses for emergency calls.
Councilman Blake commented that Officer McKernon should be complimented
on doing his job and should continue to progress with the growth in the
department in the future.
Communication was received and filed.
9. Application from William L Vest dba Westholmes Enterprises for a card
room license at 76 higuera. Street.
The following communication was received from City Clerk Fitzpatrick
regarding the above matter:
"Mr. William L �Iest, representing destholmes enterprises, has applied
for a license to operate a card room at 676 Higuera Street. I informed
Mr. West of the Council's prior action in passing Resolution No. 1405
prohibiting the issuance of new card room licenses in the City, but he
stated he wished to appeal to the Council due to a mix -up in the
license that was issued to the same location to Charles Lewelling dba
Golden West Club Room."
The following communication was received from William West dba Westholmes
Enterprises:
"When we purchased our business license for the Golden West Card Room
there was a mistake made on the owners name. The owners name should
have been: Westholmes E nterp�ises, Inc. Mr . Charles R Lewelling is
the manager. Please make this correction on your records."
Mr. Westappeared before the Council stating that Mr Lewelling was his
employee at the time the Council issued him the license and that he,
Mr. West, had paid the license fee, but that he had let Mr Lewelling
go from his employ and that he had the card room with no license and
Mr. Lewelling had a license and no card room. He stated that with the
investment made by him he should be allowed to have a license to operate
a card room.
The City Council discussed the request of Mr West, and in view of the
Council resolution prohibiting the issuance of a new card room license,
they felt he should get together with Mr Lewelling and work the transfer
of the license out or possibly take Mr Lewelling to court to settle their
differences .
10 The following communication was received from Tim Jorgensen dba Jorgensen
Jewelers, 850 Higuera Street, requksting that the City remove the street
tree in front of his store.
"This letter is in protest to the tree growing out front of my place of
business at 850 Higuera. Although this tree is very pretty and
ornamental, I feel that it is a great hinderance to my business. This
tree not only hides my sign, but it is also crowding my awning, which
will present a real problem as the tree continues to grow, I am
enclosing a picture as proof of the above statement. Any action you
could take in this matter to help remove this tree would be greatly
appreciated."
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City Council Minutes
July 12, 1965
Page -7-
10A. The following communication was received from Robert Corcoran dba Corcoran's
Restaurant,
"Attached is a picture of the tree that covers my marquee which has had an
1 effect on my sales, due to one way street on Higuera, and only a 15 foot
frontage, the traveling public cannot see my place of business.
I suggest that this tree be moved 30 feet south on Higuera Street where the
tree would sand without interference from awnings or marquee."
The City Council discussed with Mr. Corcoran his request to remove tree in
front of his store.
On motion of Nevor Whelehel, seconded by Councilman Gallagher, that the
property owner may move the tree when he or the merchants are willing to
pay all cost to do so and provided that alternate.location suitable to
abutting store owner could be found. Motion carried, Councilmen Miller
and Blake voting no.
10B. The following communication was received from Robert Corcoran dba Corcoran's
Restaurant:
"Would like to call the Council's attention to a standing sign at 846 Higuera
Street in front of the entrance to the Tower Building.
This Navy Recruiting Sign is 36" x 36 ".x 60" high.
The sidewalk on this street is only 10' wide and this sign takes up 3j to
' 4 feet as it is being moved all the time. This leaves only 6 feet on a busy
street in downtown San Luis Obispo..
Would like to recommend that this sign be removed from the street."
The matter of all recruiting signs was referred to the City Engineer to have
them removed. - -
R. The following communication was received from the Junior Chamber of Commerce:
"I am writing to you at the request of the San Luis Obispo Junior Chamber
of Commerce. We would like to obtain $250.00 for the promotion of the
San Luis Obispo Road Races, as part of the money which has been set aside
from the Bed Tax. We understand that this money is to be used for the
promotion of tourist business into San Luis Obispo area.
Since our Road race brings approximately 3,000 into the area during the
two days the races are held, we feel that we are justified.in our request."
On motion of Councilman Spring, seconded by Councilman Gallagher, the
following resolution was introduced. Resolution No. 14520 a resolution
increasing the 1965 -66 Budget. (Account No. 200.15, General Government -
Advertising and Promotion, be increased by $35040 for the following
purposes:
(a) $250.00 in connection with the Junior Chamber of Commerce road races.
(b) $100.00 for the County Historical Society (Dallidet Adobe).
Passed and adopted on the following roll call vote:
AYES: Arthur F. Spring, Frank Gallagher, Emmons Blake,
Clell W. Whelchel
HOES: Donald 11. Miller
ABSENT: None
ity Council Minutes
July 12, 1965
Page - 8 -
11 Communication from the Police Chief, William Schofield, requesting
Council guidance as to the time limit and parking meter enforcement.
The Police Chief listed the problems involved in trying to do both
meter enforcement and parking time limit enforcement.
Hr. Schofield recommended that the police concentrate on either
meter regulations or time limit enforcement and do a complete job on one
phase and not both.
The City Council discussed the problem and felt the police should ,
concentrate on meters and enforce time limit when time permits.
12 At this time the City Council considered approval of agreement with
the Division of Highways for state participation in the traffic
signal installation at Higuera and Nipomo Streets.
On motion. of Councilman Miller, seconded by Councilman Spring,
authorization was given the Mayor to accept and sign the Agreement
on behalf of the �'ity. Motion carried.
13.. Communication from the Public Utilities Commission notifying the City
Council that they have extended the expiration date of the allocation
made to construct grade crossing protection in the City of San Luis
Obispo.
The City Engineer was instructed to proceed with the necessary
application for reimbursement by the Public Utilities Commission.
1114 City Engineer Romero discussed various alternates presented by
Consultint Engineer in arriving at basic decisions on location of
sewage plant, capacity, trunk line location, etc., as presented in
the Jenks Report of 1961 and the Adamson Report of 1961. He explained
further that the sewer lift station now being designed by the Public
Works Department, to be installed at the intersection of Edna Road and
Tank Farm Road, would be an intermediate step in developing one of the
three alternate sewer systems presented by Mr. Adamson.
'
15 The following communication was received from A. A. Baker:
In 1962 we made an agreement with the City of San Luis Obispo covering
Parcel No. 52- 011 -02 of land, in which we conveyed 0.086 acres of land
having a value of X1,422.00 to the City and in return the City installed
the curb, gutter and sidewalk at a cost of $1,256.00.
At the same time we executed a recordable covenant running with the land
for the benefit of the L'ity in which we would reimburse the City, in stages
for the full cost of the work.
We have no intentions of disposing of the property during our lifetime,
but we would like to build a new residence on the property and remove
the old residence. In fact we have the Architect plans for a residence
that will cost approximately X301000.00
We have decided not to build this residence unless we can clear the
Title on the entire property.
We are making you an offer to reimburse the �;ity for one half of its
costs or $628.00 in return for a recordable document canceling the
covenant and agreement."
On motion of Councilman Miller, seconded by Councilman Blake, that the ,
offer be accented and the Mayor be authorized to sign the Agreement
on behalf of the City. Motion carried.
City Council Minutes
July 12, 1965
Page -9-
16. Communication from the Planning Commission recommending approval of the
tentative map of Tract No. 305, Johnson Highlands No. 6, with the following
conditions and exceptions:
' Conditions
1. Staff to review water easement between lots 13 and 14.
2. Utility easement across lot 13 to be rerouted to provide a
buildable lot.
3. Sidewalks required along all frontages. (variance along E1 Cerrito
frontage of lot 6 denied.) ,
4. Two trees per lot required, subject to review by staff.
5. No development of lots above 460' elevtion until adequate water
system approved by the Water Superintendent.
6. Storm water to be underground along E1 Cerrito from lot 15/16 south
to sewer at lot 21.
7. Location of street lights and fire hydrants to be approved by staff.
Exceptions
1. Cul de sac
2. Lot depth for lots 2, 49 10, 14, 19, 21, and 22.
3. Lot width for lot 5.
4. Frontage for lots 3 and 11.
5. Grade in excess of 307. of total area subject to review of grading
plan by the staff and a report to the Commission.
On motion of Councilman Miller, seconded by Councilman Gallagher, the
tentative map of Tract No. 305, Johnson Highlands No. 6, was approved.
'
Motion carried.
17.
Further discussion of proposal to landscape property adjacent to Pepper
Street along the Southern Pacific Company railroad right of way, was held
over.
18.
Discussion of financing problems in connection with major street widening,
was held over.
19.
Communication from San Luis National Bank offering to act as collection
office for the collection of sewer and water bills.
On motion of Councilman Blake, seconded by Councilman Miller, the proposal
was approved, subject to a letter agreement being prepared by the City
Attorney. Motion carried.
20.
Communication from D. Jackson Faustman, Consulting Engineer, forwarding his
report of the study of Orcutt Road Grade Separation, was held over.
21.
At this time the City Council considered approval of a Covenant on behalf of
Tropicana Apartments for temporary construction of a retaining wall on
Ramona Drive.
On motion of Councilman Miller, seconded by Councilman Blake, the Covenant
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was approved and the Mayor was authorized to have said Covenant recorded on
behalf of the City. Motion carried.
22.
Authority was requested to call for bids for removal of sludge from the
Sewer Plant.
On motion of Councilman Miller, seconded by Council man
tion was given to call for bids. lotion carried.
23.
J. H. Fitzpatrick, City Clerk, requested authority to advertise for bids for
purchase of an accounting machine,
City Council minutes
June 12,1965
Page - 10 -
On motion of Councilman Miller, seconded by Councilman Gallagher
authorization was given to advertise for bids for above mentioned
accounting machine. Motion carried.
24. Administrative Officer Miller announced the following apppointments
to employment:
Glassmeyer, Elaine A., Stenographer in the Planning Department, at
365per month, effective August 1, 1965, subject to a probationary
period of one year. I
Winegard, 1Dnald B., Fireman, at $480 per month, effective
August 1, 1965, subject to a probationary period of one year.
25 On motion of Councilman Miller, seconded by Councilman Spring,
authorization was given to call for bids for promotional services
for the City of San Luis Obispo, Motion carried, Councilman
Gallagher voting No.
26 On motion of Councilman Gallagher, seconded by Councilman Blake
the meeting adjourned at 12:05 P.M. Motion carried.
Approved; August 2,1965
ATRICK, CITY CLERK
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