HomeMy WebLinkAbout07/05/1966MINUTES
REGULAR MEETING OF THE CITY COUNCIL
July 5, 1966 - 7:15 P.M.
CITY HALL
Roll Call
Present: Emmons Blake, Frank Gallagher, Arthur F. Spring,
Donald Q. Miller, Clell W. Whelchel
City Staff
Present: P. Chapmaa;-Pianning and Building Director; J. H. Fitzpatrick, '
City Clerk; W. M. Houser, City Attorney; R. D. Miller, Adminis-
trative Officer; D. F. Romero, City Engineer,; W...H. .Woodward,
Fire Marshal; Ervin Rodgers, Police Chief;•.G.- Fury,- Superin- -
tendent of Parks.and Recreation.
Approval of the minutes of the meetings of June 20 and 22, 1966 were held over.
On motion of Councilman Miller, seconded by Councilman Gallagher, claims against
the City for -the month of July 1966 were ordered paid subject to the approval of
the Administrative Officer. Motion carried.
1. At this time the City Council again considered the request of the San Luis
Obispo Unified School District for joint improvement of San Luis Drive adjacent to
the School Administration buildings.
Mr. Romero, City Engineer, presented a sketch showing what work was to be accomplish-
ed by the improvement and further reported that in conversation with local represen-
tatives of the Southern Pacific Company that they would recommend the City be
permitted to place the sidewalk on the railroad property on the west side of San
Luis Drive.
Mr. Romero continued that the land value was greater than the cost of placing the
curb, gutter and sidewalk on the part being widened in front of the School. 9
Mr. Romero estimated that the total cost of improvements and street alignment would
be approximately $45,000, excluding -curb, gutter and sidewalk on the west side.
The City Council discussed the proposal as presented by Mr. Romero and felt that
the -major portion of the construction could not be done until next year as the
engineering and plans were not prepared.
The representative of the School District asked if the curb and gutter could be
placed on their property at the new alignment so that they could proceed with their
own construction within their own boundaries.
There was no objection to this proposal and the City Engineer was requested to
cooperate with the School authorities as to temporary paving out prior to the
complete construction.
On motion of Councilman Blake, seconded by Councilman Spring,' that the City Council
accept the offer of the School Board for contribution of land with the improvements
to be placed at a later date by agreement at City expense. Motion carried.
Councilman Miller voting no.
2. At this time the City Council considered the proposed recreational complex at
the Sinsheimer School area with particular emphasis on the Parks and Recreation
Department proceeding with the installation of the turf and sprinkler system
already approved in the 1966/67 budget.
Mayor Whelchel explained that this proposal was for a complete recreational develop-
ment starting with a regulation baseball field with future installation of bleachers
to seat 5,000 and the cost to be shared by the City and interested groups and
individuals in the community.
On motion of Councilman Spring, seconded by Councilman Gallagher, that the Parks
and Recreation Department proceed with the installation of turf and sprinkler
system as planned. Motion carried.
City Council Minutes
July 59 1966
Page 2
3. At this time the City Council discussed complaints against the performance of
the Central California Communications Corporation (CCCC) under their cable TV
franchise with the City.
Communication from A. J. Hapgood, Vi4e President of CCCC, stating that many of the
complaints relative to poor service were quite vague and he hoped that they could
be brought out during this meeting for discussion. Further he called the Council's
attention to Section 17 of the Cable TV Ordinance which sets the procedure for
investigation by the City Council of complaints against the quality of service
performed under the franchise.
Communication from Larry Jenkins, 546 Felton Way, stated that he is a dissatisfied
customer and has been deceived by the CCCC as the performance is below standard and
at times impossible to enjoy.
Communication from the Coachman inn Motel urging that the City Council make no
changes as far as cable TV is concerned as they felt that the cable service was
.more than adequate, that the reception is satisfactory and actually better than the
Los Angeles area where the cable channels originate.
Councilman Gallagher stated that he had been receiving a great number of complaints
from various citizens in the City regarding reception on the Cable TV and the fact
that the service was not consistent and seemed to go from poor to bad. Further, he
felt that the cable operation was not being operated to the standard of reception
being required by the ordinance.
Councilman Spring stated.-that he too had received many inquiries and complaints as
to the service being delivered over the Cable TV and felt that the Cable organiza-
tion was not keeping up the quality as ptomised. He further asked why was everyone
who desired service not allowed on the Cable as required by the ordinance as many
businesses in the City do not now have nor can they seem to get the service when
requested.
Councilman Blake stated that he had investigated many of these complaints relative
to poor service and poor quality of service but found that most of the complaints
were different and that no consistent pattern of problems seemed to exist. He state(
he believed that the Company was living up to its agreement in trying to present
a varied number of stations from the Cable but that many of the complaints he had
received were relative to program content and that the Cable had no control over
programming.
Mr. H. Lawson complained of poor reception of TV programs from the Cable TV.
Mr. M. Mills stated that he did not believe the quality of programming received
from the Cable TV was up to the standard he believed had been promised the City of
San Luis Obispo.
Mr. S. Brownstein stated that as an electronic engineer, and a TV repairman, he
found upon service calls that the major problems in Cable TV reception was not in
the Cable Service but was in the TV sets. Be felt that if people having trouble
would have their TV sets checked, they would find that reception would improve.
Mr. John Begin questioned the inconsistency of program reception from the Cable
Service as he felt that the reception changed from hour to hour and was sure this
was not the Cable system and not in his set.
He further complained about the inability of the Cable system of presenting educa-
t tonal TV to the residents of San Luis Obispo as promised when the franchise was
granted to the Cable Company. He stated that he felt there were enough channels
presenting entertainment on the Cable, that they could afford to leave one cable for
educational TV only.
Mr. Gleason stated that he was satisfied with his Cable TV service and felt that
the Cable Company was living up to its agreement to serve citizens of San Luis
Obispo. He further felt that the overall TV reception in this area is good and
that the Cable TV Company should be given a chance to keep improving their service.
Mr. Ceorme Drumm objected to the Cable TV service as he felt the reception was very
bad and was getting worse. He.further objected to their billing procedure as he
City Council Minutes
July 5, 1966
Page 3
received his Cable TV bill after the 10th of the month and before he would pay his
bill on the first he would receive a second notice.
Mrs. Hinz stated she was disappointed with the Cable TV due to the lack of educa-
tional channels being provided the subscribers.' She stated it was her understanding
that the franchise was granted to the CCCC on the basis that they would carry
Channel 9 from San Francisco, the educational channel.
Mr.. Mallery asked if the Cable Company representative could tell him what effect
a ham radio had on Cable TV reception.
Mr'. H. Murphy, Attorney representing.Dan's and Bull's Bars, wanted to know why his
clients could not get Cable TV into their establishments after they had requested
the service. He stated that his clients were being put at a competitive disadvan-
tage due to the large amount of sports being carried on the Cable and these client's
customers leave and do their drinking in another bar.
Mr. Ray Baker stated his reception has been poor and is getting poorer all the time.
He continued that he has had his TV set checked three times and that they have
found nothing wrong with the set and he feels he is paying for something he is not
getting.
Mr. Carl Seneker stated he had no complaints but would like to get Cable TV service
for his hotel.
Mr. Wadsworth suggested that the City should hire a referee to decide if the Cable
Company is wrong or if the customers' TV sets are in error.
Viola Andrieni objected to not receiving adequate educational TV by Cable service.
Dr. Dunklee appeared before the City Council and questioned the`inconsistent
reception received from Cable TV.
Myron Crumb again questioned the lack of educational TV being carried on the Cable.
Mr. A. Hapgood, Vice President CCCC, stated that he would attempt to answer the
questions raised by the Council and by the people present this evening relative to
the .quality of service on Cable TV.
Mr. Hapgood stated that the original application for Cable TV in the City of San
Luis Obispo did not include Channel 13 from Los Angeles, but again if the Council
wished to amend the franchise, they are sure arrangements could be made to rearrange
the stations on the Cable.
In reply to the question as to why the downtown businesses could not be serviced
by Cable, Mr. Hapgood wanted the people to know that the City of San Luis Obispo
has adopted an underground utility ordinance which requires all overhead wires,
including Cable TV, to be placed underground which is extremely costly, but that
engineering is being done at the present time to accomplish this.
Further, Cable TV is not considered a public utility and therefore-does not have
the power of condemnation for requiring rights of way through private property to
place cable. Rights of way are acquired only through negotiations with the property
owners.
Mr. Hapgood continued that in accordance with the FCC Regulations and Franchise with
the City of San Luis Obispo the Cable TV Company can not originate any programs.
All they can do is carry channels already in existence. Further, the franchise
requires non - duplication of programs being carried by the San Luis Obispo, Santa
Maria and Santa Barbara channels.
He further stated that the Cable Company has always and will always use the very
best equipment available and the latest models that the industry has to offer.
Further, the local Cable Company is constantly trying new equipment for use by the
Cable subscribers.
Mr. Hapgood stated that there were certain kinds of atmospheric conditions that
affected the VHF signals and microwave transmission. He stated that summer months
if
City Council Minutes
July 5, 1966
Page 4
are usually the most difficult which causes VHF fade which results in a picture
that might be called snowy*. . ...J , .
In regards to;the complaints relative carrying of Channel 9.EQED from:San Francisco,
Mr. Hapgood explained that this station is normally on only from 4:00 P.M. until
midnight and in order to give the subscriber the most complete programming available,
they put on the Channel:2 from,0akland from midnight to 4:00 P.M.
Also in order to give the subscribers the best possible sports coverage in the .
State, Channel 9 is preempted at times when the Bay Area baseball and football
teams are performing so that this sports event,,may be .carried._`-
Mr. Hapgood stated that he felt if constantly carrying Channel.-9 on.the Cable
whether they were on the air or not was what the Council desired, he was sure it
could be worked out.: ..
W. Hapmod suggested that the, City Council:. appoint a committee to meet. with the
Cable TV Company representatives to 'go over the entire Cable TV problem 'a'nd-report
their findings to the City Council. . 1.
4. At this time the City Council held a public- hearing on the recommendation of
the Planning Commission to rezone from R -1 and -R -3 to R- O.property located on the
north side of Mienecke, west of Highway No. 1.
Resolution No. 94 -66 of the Planning Commission recommends that the City Council
approve the rezoning to residential office use. Three doctors have applied for
rezoning of the property for a medical building.
There were no objections at.the pub.lic,hearing held by the Planning Commission.
In fact, two adjoining property corners spoke in favor of the application.
The Planning Commission felt that this would be an appropriate rezoning in the
t residential development and therefore recommended in favor of the, application.
Mayor Whelchel declared the public hearing open.., u
Mr. Weant, representing the property owners,, urged that• the. City Council. approve
the rezoning as recommended by the Planning Commission.
Dr. Erahling urged that the City Council approve this rezoning.
Mr. Romero, City'Engineer, brought to ,the Council's attention the lack of street
improvements:on Mienecke Street :f ram,Aighway. No. _i est and, recommended that some
improvements be placed to serve this new development..
Councilman Miller suggested that the developer of the property be required to put
in street improvements for one half of Meinecke Street adjacent to the new develop-
ment.
Councilman Miller and Councilman Spring stated that they were in favor of the
rezoning subject to the installation of full street improvements on:Neinecke Street.
W. Weant again appeared before the City Council and stated that part of the deal
for the sale of property to the three doctors was that they would put in full
street. improvements, curb -and gutter, and he felt that if they do not put is the
improvemento�.that the'sale would not-be consummated :and felt that,the sale should.
be abandoned or held over to a future meeting until the street improvements were
settled.
Dr. Rrahling stated that he and his partners had not discussed this matter and
agreed with Mr. Weant.that -this matter could be-held-over to see.if it could be
solved before the nest Council meeting. J
Mayor Whelchel.declared , the-public hearing closed*,;
The - matter: was ` held.,over -to July 18, 1966.
5. Held over.
J
6. At this.time,the.City Council held public. hearing on the cost'of. work for...,
the installation of curb, gutter and sidewalk on the following properties:
City Council Minutes
July '5, 1966
Page- 5
A: M. S. & I. R. Humphreys 614 Grand Avenue $1,890.00
B. The following property owners have requested three year option payment
plan:
P. M. & B. A. Kardel
607 Grand Avenue
Mayor Whelchel declared the public hearing open.
No onT appeared before the City Council.
Mayor Whelchel declared the public hearing closed:
519.00
On motion of Councilman Miller, seconded by Councilman Blake, the following
resolution was introduced. Resolution No. 1576, a resolution confirming costs of
sidewalks constructed pursuant to the Municipal Code.
Passed and adopted on the following roll call vote:
AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring,
Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
7. At this time the City Council held a public hearing on the cost of repairs of
sidewalks under the provisions of the 1911 Act for the following properties:
M. R. McConnell 1120 -1122 Mill Street $ 66.00
R. A. & K. A. Cary 1124 Mill Street 206.25 '
Mayor Whelchel declared the public hearing open.
No one appeared before the City Council.
Mayor Wheichel declared the public hearing closed.
On motion of Councilman Gallagher, seconded by Councilman Miller, the following
resolution vas introduced. Resolution No. 1577, a resolution confirming costs of
sidewalks repaired pursuant to the 1911 Act and making said costs a lien against
the property and collectible with the City taxes.
Passed and adopted on the following roll call vote:
AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring,
Donald Q. Miller, Clell W. Whelchel
NOES: None
8. 'At this time the City Council held a public hearing on Resolution No. 1559,
a resolution requiring sidewalk improvements on both sides of Santa Rosa Street
between Murray and Foothill Boulevard. ,
Mayor Whelchel declared the public hearing open.
The City Engineer, D. F. Romero, presented a sketch of the work to be accomplished
under this resolution.
Mr. Romero further reported that -he had received a letter from the Division of
Highways stating they would not be willing to expend extra funds along the creek
area on the easterly side in order to provide for a standard sidewalk installa-
tion.
Mr. Don Nelson, representing Cal Poly, objected to the requirement of placing
curb, gutter and sidewalks on their property on Santa Rosa south of Foothill
City Council Minutes
July 5, 1966
page 6
Boulevard due to the extensive expense as ever half of their property is in the
Creek and extensive construction would be required to install the sidewalks. He
stated he could not see any justification for this expense where there is so little
potential use.
We Weant stated that after rezoning requested by his family goes through on Meinedce
' Street including the street improvements, he stated with these funds they would put
in the sidewalk on Santa Rosa Street from the Main property to Meinecke Street.
Without the rezoning and sale of the property they would be required to oppose the
sidewalk installation due to the cost but he added when additional property is sold
by the family they would put in the required improvements.
D. Nelson of Cal Poly suggested that possibly this proposal at this time is pre-
mature and that maybe the Council should wait until the Division of Highways make
up their mind as to the new alignment of Highway No. 1 on Santa Rosa Street,
Dr. Cox, property owner on the east side of Santa Rosa Street north of Murray,
asked the City Council if he could figure on placing sidewalk in front of his new
office northerly up to the Creek bank as extensive construction would be required
to hold a small length of sidewalk.
Mayor Whelchel declared the public hearing closed.
Councilman Gallagher suggested that the matter of sidewalk improvements on Santa
Rosa Street be held over until the Meinecke Street property is sold and developed.
He continued that he felt that Dr. Cox should be allowed to put in sidewalk in
front of his property up to the Creek bank and further allow Cal Poly to wait
until their development plans are prepared.
Councilman Spring suggested that the City Council hold off any action until the
' sale and rezoning of the property on the west side of Santa Rosa Street at Meinecke
is settled as to who will put in the improvements on Meinecke Street.
Mayor Whelchel agreed with Councilman Gallagher as to delaying a decision until the
Meinecke Street property matter has been settled and also felt that Dr. Cox should
be allowed to place sidewalk up to the Creek bank on his property and to let the
Cal Poly property be left as is until the College plans are developed.
On motion of Councilman Miller, seconded by Councilman Spring, that this matter be
held over for two weeks.
9. Communication from Jack Anderson appealing the basic water rights for property
owners of Mr. and Mrs. DeCastro was held over.
Mayor Whelchel declared a recess at 9:50 P.M. The City Council reconvened at 10:00
P.M. with all Councilmen present'.
10. Communication from Mrs. Be A. Dickson and petition with 29 signatures requesting
that the City Council change the name of Via Esperanza to Del Mar so that Del Mar
Court will run continuously to Ramona Street.
Communication from J. M. Hoeschel and Norbert A. Volny, property owners on Via
Esperanza, stating they had no objection to the requested name change.
' Mr. Chapman, Planning Director, reported that this matter had been taken up by the
Planning Commission many months ago and that they concurred in the request.
Mayor Whelchel declared that the City Council will hold a public hearing on July 182
1966 at 7:30 P.M. on the matter of the requested street name change.
10A. Communication from the Planning Commission recommending that the City Council
rename Lizzie from Johnson Avenue to Wilding Lane to Las Lomas. This name change
has been requested by the School District as the name of the Junior High School
will also be changed to Las Lomas.
Mayor Whelchel declared a public hearing will be held on July 18, 1966 at 7:45 P.M.
on the recommended name change.
City Council Minutes
July 5, 1966
Page 7
11. Traffic Committee Report of June 21, 1966.
66- 6 =4C". The Council has made a further study of the parking and loading situation
on Morro Street between Monterey and Higuera and recommends the following:
.A. That a loading zone be established,alongside the Norton Drug Store, using
part of the red zone and one parking meter space;-
B. That another loading zone be established alongside Gallenkamps Shoe Store ,
t;Akimgg - out two parking meter spaces; and
V Y C: That the remaining metered spaces in the block be :converted to 36 minutes
time limit spaces.
66 -7 -5T. The Traffic Committee has received a request that the Madonna Road side
of the east frontage road fronting the Laguna and, Lakewood Tracts be restricted
with a red zone inasmuch as this street is designed for two travel lanes and one
parking-lane. We concur and so recommend.
On motion of Councilman Miller, seconded by Councilman Gallagher, the following
resolution was introduced. Resolution No. 1578, a resolution establishing parking
restrictions on Morro Street, Broad Street and Madonna Road.
Passed and adopted on the following roll call vote:
AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring,
Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
66 -7 -1T. The Traffic Committee has reviewed a report from the Police Department ,
which shows that the all day meters on the street on Monterey between Broad and
Nipomo are only used about one- fourth of the time; and it is felt that these meters
could be used•to good advantage in the conversion of meters on Parking Lot No. 4
from two hour to'all day.. It is therefore recommended that the meters be taken out
of thf9 block,and -the two hours time limit zone be restored, but that the parking
meter posts be left in the ground in case it is decided later to restore the met"er"s,
gefore' taking final action on this, it is suggested that the Council notify the
residents and property owners in the block as well as the Downtown Association of
a hearing so that all interested parties can be heard.
Recommendation of the Traffic Committee was accepted and a public hearing will be
held on July 18, 1966.
66 -7 -2T. With the completion of the new Purity Store on Broad Street, it appears
advisable to complete the pattern of parking meters in the block and it is recom-
mended that five two hour meters be installed on the west side of Broad running in
a northerly direction from Pacific, and one metered space be established in front
of the real estate office on the opposite side of the street in mid - block.
The City Engineer was instructed to proceed with the installation.
66 -7 -3T. The Traffic Committee has received a request for two 12 minute parking
spaces in.front of the Bakery Thrift Store at 562 Higuera, but it is felt that it '
would be too.difficult to define these time limit spaces inasmuch as there is no
curb and gutter at this location. We would also like to take a further look at
this situation when the new drug store is completed and other developments . take
place in the area. It is suggested that the City Clerk write Mr. Weires and advise
him of this feeling on the part of the Traffic Committee.
Referred to the Traffic Committee for.further study.
66 -7 -4T. An additional street light for the end of Lawrence Drive has been request-
ed and it is recommended that the Council authorize the City Engineer to order one
on the next to last power pole on the block.
The City Engineer was instructed to proceed with the installation of the additional
street light.
City Council Minutes
July 5, 1966
Page 8
66 -7 -6T. The Traffic Committee has received a request from Louise Kem for traffic
signals at Mill and California, but the City Engineer has reported that past surveys
have indicated that the traffic counts do not warrant such an installation at this
location. It is suggested that the City Clerk write to her and advise her of this
fact.
' The recommendation of the Traffic Committee was accepted.
66 -7 -7T. The Traffic Committee has noticed a problem in connection with Smith
Transportation deliveries inasmuch as they use a large truck for smaller types of
deliveries whereas most of the other trucking companies try to use smaller trucks
for downtown deliveries. It is suggested that the Mayor be authorized to write to
Mr. Smith, asking for his cooperation in using smaller trucks for the downtown area.
The Mayor was authorized to write Smith Transportation Company asking them if they
could use a smaller delivery truck in the downtown area.
66 -7 -8T. The Traffic Committee has noted a traffic hazard on Broad Street between
Serrano Drive and Center Street and feels that this situation would be improved if
parking were restricted on the west side of Broad Street. It is therefore suggest-
ed that the Council set up a hearing to discuss this matter with all residents and
property owners in the two block area being notified.
This matter was set for public hearing along with the sidewalk installation problem
on Broad Street.
66 -7 -9T. The Traffic Committee has received a request from Jerry Bond of 556
Couper Drive that parking be eliminated on residential streets in the northwest
portion of the City between 2:00 A.M. and 6:00 A.M. to relieve the parking situation
caused primarily by apartment house dwellers. The Council will recall that it has
been decided to enforce the three students per apartment limit which, we feel,
' would help a little. Furthermore, we doubt that the public would accept the
proposal to eliminate all night time parking in the residential areas. We therefore
feel that Mr. Bond should be notified that his suggestion has been received and
considered, but not given approval.
The recommendation of the Traffic Committee was accepted.
66- 7 -10T. The Traffic Committee feels that the Building Department should address
a letter to all apartment house owners instructing them to keep the required off-
street parking spaces free of obstructions such as trash containers, boats, and
uses other than motor vehicles.
The recommendation of the Traffic Committee was accepted. The Building Department
was instructed to proceed with the recommendation.
17. At this time the City Council considered a report by the City Engineer listing
properties lacking standard improvements where more than 50% of the block had
already been improved.
Mrs. J. Boriack, 172 North Broad Street, appeared before the City Council objecting
to the need of curb, gutter and sidewalks-at this location as this installation
would narrow the street due to the encroachment of the bank on the west side.
Further she stated that if the curb, gutter and sidewalks are installed and autos
park in front of her property and across the street both, only one car can pass at
' one time in any direction and with the high speed traffic she felt this would be a
very dangerous condition.
Mr. Romero, City Engineer, explained the need for curb, gutter and sidewalk along
this part of Broad Street.
a
The City Council referred this matter of sidewalk installation (File Nos. 1452 1462
147) to the public hearing to be held on July 18, 1966 on the limiting of parking
on Broad Street from Serrano and Center Streets.
On motion of Councilman Miller, seconded by Councilman Gallagher, File Nos. 149 and
150 were to be deleted from consideration for sidewalk installation at this time.
Motion carried. '
The City Engineer was instructed to proceed with installation on the balance of
the properties.
City Council Minutes
July,.5,,,. 196.6
201, C6mmunic-ation: from. the:.City.:Plannifig ;Commission regarding -&''use.,permit for
a' trai ler- -park :.'it .'244.:South -Higuer&,Stxeet� ..nis; ;mht.ter,.hag.,b6eti,,.ref6rred'.to,.the - :
City -Council: :beeause4_the: Planning,% Commission '!tie votiEWI;.on- twos motions -on:,the.
application.;
Mrs. Soules applied for a use permit for a trailer park at this address, which is
in the C-3 zone. The lot was,:occupied �by..traklers I dr.; many,., years rbut! E the,. us e;,was_.,-;,,'
discontinued about five years ago when sewage disposal became a problem. The lot
is now connected ft6,.the7 newCity *siawer eand.Mrs.i-, Soules.would like to :resume oper_-
a- --m- 7#f 7t& trailer,•,park.. r
The pre's4iit,.:C;;3,-bistrict,.PermAs residential--huildings but 1.there �:_-'wis.,6.oifi6?(f @�eling. r
-amDrig.-.the: Co'=issi6n,that•:thi's�-..would not -Anclude; triqi-ler..p -,�Secondlyl tfiej_
amendment to the Zoning Ordinance recently passed to print by the Council, would
prohibit, any,:residianti,al•,use other, -than,car..et.a.k.ers.r.e.s.idendes.:i.n. -this- dis.tricti,-.
In view of the above, three of,-.the.Commissi6ners. f6lt -that -,,the. application should.,,.,
be denied.
1 J
Thd fther.(three� Commissioners if. avored - approval _ of ;the _#pplication as.-.a -non-cafif 6rm-
i-ng use subject-.to the _folloWing,.conditxons:-: j_ •
1. Full improvements.
2. Landscaping and screening of property.
3. -.Yards atoi:complyixith requirements of R -.4,- District.
;.4.. Resubmittal.of corrected plot plan.
in vie,,V6f 'th& -!sOlit -,.vote;. the -Commission.. referred. thejc
ap e
plicati n, to - the City..
Coundil..',".-
�it: 7, C-,'
Afte;r:didcussidn�,by the�City-Council it72was;moved,by Councilman Mi I le r,,- sec qnd@d .-, E.
by Councilman Galleighet,'that.-the;-.use--permitrbe---,granted subject to.,the following,.:,
cor;ditions
-'�sidewalk'exempted,.,,at.-this:,time.��
:-Cuib"and"-•gutter.:imptovements.-.on Higwra,.,
2. Landscaping and screening of property.
3. Ten foot front yard setback, 41 side yard setback and 0' rear yard setback.
A;ii61W7`cii:r_'ied. Councilman Blake voting no.
J
12-; At "this.., time; :the:-. City:- Codfici:l. considered final adopt16n.-.of-..the 1966/67- budget".
Mr. Miller, Administrative officer, reported to the City-Council-.that--after- tion,
by the Council in budget study and in a public hearing on the preliminary budget,
that.- the-, f inal:,bud&t--f or the_-.City of.San Luis :Obispo ,for -the Eiscal-iye�@11,1966 167.i-
was $3,277,725.81. This final figure-.1s. subject to.-., any.,;pos.sible-ar*thme.tic. error-,
and year end balance figures.
On motion 6f,.:C6uncilinan :.Blake.,::seconded.by Councilman Miller -, the•,196_6/67� budget,,
was adopted by the City Council. Motion carried.
;13,---.;Oh`motion.-of -Counci-lman-,,Miller., s.e.conde4:;,py_-Couucilman- ,Blake-, the.. fol.lowin.g,.-_;
resolution was introduced-.v_-_-Re solution
i No..,1572;,l_;..Tekolut.ion- tabulat'ing.--q-Lp
p�e n.t..
'
replacement appropriat ion sJ or the. f i scal-.veayJ9_66 /67, and, total; ,accumulations• _for
e . acli�-Oiece:. of: equipment;...
Pass6d. and -adopted. on ..the following:
AYES: Emmons Blake, Arthur F. Spring, Donald Q. Miller,
Clel--l-..-Ww---.Whelchel,�,�-,
NOES: Frank Gallagher
2
-ABSENT:-" None
14.... On motion of Councilman Gallagher, seconded by Councilman Spring, the follow-
--rst-ablishirig,
ing -resolution ,)�as.'intrd'diliFed---.-...Resolutioii;.Nd.,i-,:-1-573p a..r.esolutio.n
Salar-yJ ianges.; f or; einplbyee-'cl9ssif icatidns ;...'assigningc oyees �to'.class ' if 1,7:
cations� and salary steps within the respective pay ranges, describing,, me thodq, cof.,
advanc6ment within said salary ranges and repealing all previous salary resolutions."
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City Council Minutes
July 5, 1966
Page 10
Passed and adopted on the following,roil call vote:, ..
AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring,
Donald Q. Miller; C1ell W. Whelchel,
NOES: None -.
ABSENT: None
c
Included in Resolution No. 1573 were the following salary step increases:
ARIU=, Gerald, Fireman, from Step 2 at $508 to Step 3 at $550 per month,
effective JulyOl," 19660 _ C' -n
BARBA,•Raymond, Police Officer, from- Step' -2 :at $508 to Step-3 at $550 per: :•.-
month, effective July 1, 1966.
CALLAWAY, William; Fireman, from Step t,4 at $565 to Step 5 at $617.per month,
effective July 1; 1966. =`
CARDOZA, Anthony,:Maintenance':Man =II, from Step 3:at'$455 :to-Step 4. at. $494
per month, effective,July 1, 1966:
DITTMAN, Larry, Police.Officer•, =from Step 2-at $508 to Step 3 at-$550 per .
month, effective July 1, 1966. u.
ENGLERT, Don, Police. Captain, from Step 4 at.$770 :to Step 5 at,.$790.per month;
effective July 4 1966.
FRITZ, Richard, Fireman,:%from%Step 2 at $508 to Step .3 at $550:per month,
effective July 1, 1966:
BIRD, Arthur, Prin. Engr. Aide, from Step 3 at $565 to Step 4 at $617 per
month, effective -July V, 1966.::'
KAYE, Donald, Fire Captain, from step 3 at $617. to Step 4 at $670 per month, .
effective July 1, 1966.
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KREBS, Douglas,. Fireman, from 'Step 3-at $565 to Step 4 at.$617 per.month,
effective July 1, 1966. -
LIMON; Manuel•; -Ground skeeper,'jfrom Step 4 at $"2' to Step 5 at '$480 per month,
effective Julq•1, 1966.
MC HBRNON, Ronald, Police Officer, from Step 3 at $535 to Step 4 at $582 per
month; effective July :l, 1966.
,.
NWRAVE, Duane, Police Officer,-from Step 3 at•$535 to Step 4 at $582 per...
month, effective July 1, 1966.
OVERBEY, Steven, Fireman.'from Step 2 at $508 to Step 3 at $550 per month,
effective July 1, 1966. .
"PAGE; Rehheth;'- Groundskeeper,: fr6m <Step ,,3-cat1 $4.17• :to;Step.* at.-$455 per: month;
:effective - July'1, 1966'. c 1 . _ ,r:
' SYLVIA, Donald, Fireman, from Step 3 at $535 to Step 4 at $582 per month,
effective July 1, 1966.
15. On motion of Councilman Gallagher, seconded by Councilman Spring-, the follow-
ing resolution was introduced. Resolution No.1579, a resolution amending personnel
rules for the City of San Luis Obispo.
Passed and adopted on the following roll call vote:
AYES: Eons Blake, Frank Gallagher, Arthur F. Spring,
Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
City Council Minutes
July_.5., , 1966
P age. 11
X. On motion of Councilman Gallagher, seconded by Councilman Blake, the following
resolution was introduced. Resolution -'No: 1574,_,a3resolution increasing the 1965/66
budget.
Passed and adopted on the followirigrrolI.call'Lvote
AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring;.-
Donald Q. Miller, Clell W. Whelchel '
NOES: None
ABSENT: None
16. The City Engineer, D. F. Romero, reported to the City :;Gouncil.;.thatthe...sidewalk
installation-at Bob's Beacon Service was substantially complete and that only minor
cleanhup 6f'_thenstreet2and sidewalk .'and_:dressing_,of -,the banks;still-needed,;to..be
done.
Mr.= =Romero stated he felt that a�.very-short:- amount of--,.time would _be. ^required,',to
complete the work described in the use permit. ,.: , c;•:`::,
On motion ^of Councilman;! Blake ; seconded3by Councilman- _Spring, that_,the.City „Council
hereby revolks the use permit for service station operation ; at :Bob!s.Beacon - Service,
1756 Monterey Street, effective Monday July 11, 1966 unless the improvements as
described- in'.''the use::'permit'are completed and;the.:adjacent.:area cleaned.up._ "Motion
carried. Councilman Miller voting no.
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m6 `At'thi r srt'ime tfie-: City.. Council "considered::the - conditions set in -the subdivision
agreement for Tract No. 350, Rancho De Los Osos Homes, a %RRi..C..iSkinner.:development.
Mr. Romero; City!)Eagineei,7stated that thei ,' agreement %contained the normal;- subdivision
requirements but that the following items were special cohditions'to be'set;.for the
subdivision.
1. ' The subdivider shall reimburse the City. the.-. sum of';.0.60:00. (16 lots-.@
$35.00 per lot) for a share of the excess capacity advanced in the sewer trunk
lines; -lift =, station. and-. force-, main, serving the.. subdivision: ;'l
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If is muutually agreed that'the'temporary.sewer connection being made
between.:Sta._ 94 +: 59.62 and..Sta.-j 9:5;* 34.07 ,shall ;.be, rerouted_ to., an adequate -main
when requested by the City.
3.- ;.The siubdivider;fshall;,pay the: City; the. _sum of ,;$931.00f(2.660: net •,acres @ Z.
$350 per acre) connection charge to the City water system:in accprdance�_with..
Section 7410.5.1 of the Municipal Code.
4. It is mutually agreed that the grading •permit ;fee- in ;the .amount..,of:,$132.00
will be deposited with other subdivision inspection fees and that these funds will
be treated_ as: normal-;'subd ivi s ion-, inspection• fees.;.... -,.0 :;�. ;. �•,;, "c -.. _
On motion of Councilman Gallagher,. seconded by Councilman Miller, the Mayor was
authorized to: si•'gn: the �subdivisioti "agreement::on tbehal.f,:of,_the C_ ity _of San; -Luis
Obispo. Motion carried. ;.:: .J
Y. On motion of Councilman Gallagher, seconded by Councilman Blake, the following
resolution was introduced. Resolution No. 1575., a resolution increasing the 1965/66
budget. '
.• .• '�_: •_ ,. '...4 .4 � i•� ;"�_: IJJ (.f`�v.. J:. '_ ;'...�_. ,!T _ 't.: -,.•.1 ".. ... fit: ._. •.)`�.
Passed and adopted on the following roll call vote: f:
AYES.::_:; Emmons Blake,_)Frank ggl:lagher,- ;Arthur F._,Spring, ., .•�. _, • ;:,
x• ;; �s Donald Q ,Miller,- Clell W_Whelchel
NOES: None
ABSENT: None
18A. Mr: Romero, City Engineer,';.:;brought."tw the-Council:s ,attention the matter of
the abandonment of the easement alongside the easterly boundary of Lot 1 TR -322
City Council Minutes
July 5, 1966
page 12
stating that he had received letters from the phone, power, and cable TV companies,
agreeing to the abandonment.
On motion of Councilman Miller, seconded by Councilman Gallagher, the following
resolution was introduced. Resolution No. 1580, a resolution abandoning a public
utility easement.
' Passed and adopted on the following roll call vote:
AYES: -Emmons Blake, Frank Gallagher, Arthur F. Spring,
Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
19. Communication from Leonard G. Blaser requesting extension of time by the City
for three months in order to complete the subdivision improvements for Tract No.
290, Johnson Highlands.
On motion of Councilman Miller, seconded by Councilman Gallagher, the extension of
time was granted subject to the approval of the date extension between the bonding
company holding the subdivision bond. Motion carried.
21. Discussion by the City Council of acquisition of school property at Laguna
Lake was ordered held over.
22. On motion of Councilman Miller, seconded by Councilman Gallagher, the Mayor
was authorized to sign the agreement between the City and the Chamber of Commerce
dated July 1, 1966. Motion carried.
' On motion of Councilman Gallagher, seconded by Councilman Blake, the Council
authorized payment for the Visitors and Convention Bureau secretary to be paid on
a monthly basis until a new Chamber Manager is hired.
23. Discussion by the City Council on the height of downtown street trees was
ordered held over.
24. Discussion by the City Council of hiring additional personnel for the Youth
Corps was ordered received and filed.
25. At this time the City Council discussed the allocation of costs for the
extension of Ramona Drive northerly from Broad Street part of the Baker Brothers
development and adjacent to the Martin Polin Shopping Center.
Mr. Romero presented the following report:
The primary question to be considered by the Council is, should the original
installer of a street be compensated for all development costs including land
acquisition costs when an adjacent owner uses the street?
The City required the Baker Brothers to fully improve Ramona Street as a condition
of development of Tropicana Unit #1, reserving a l' non- access strip to assure that
Baker brothers were adequately compensated for their development costs before the
adjacent property owner could use the street.
' There have been four similar circumstances during the past ten years.
With Ferawood Drive in Tract 208 alongside the Moose Lodge, the agreement made no
mention -of compensation for cost of the land. In a conversation several weeks ago,
Mr. Flagg indicated that it has been his understanding that he would be compensated
for all costs in this development.
On Highland Drive in Tract 225 alongside the Piper property, the original street
developer was not compensated for land costs. The issue is clouded here because of
the various land transfers which occurred during the acquisition and development
of this property.
in Tract 251 and 317, Ann Arbor Estates, the developer was to be compensated for
land values on iouthwood Drive. This is clearly specified in the subdivision
agreement.
City Council Minutes
July 5, 1966
Page 13
Since•-the :policy• in Tractss;251 and,.317,.represents. the_latest- thinking. of :,the• Council,
my initial discussions with the Bakers and documents which - J,:prepared,.,considered ,
that Bakers would be compensated for land acquisition costs. I do not remember
discussingithe matter r !oficompens.ation.. for dand, acquisition .with.Mrr...Polin;;there -
fore ; -commitments;:, if any, made -on the:part of, the.-staff'- iiere -"on ,the basis ;that.. ;,
Bakers would be compensated for land acquisition costs: „ - ,;;- .•.
The question, I believe, is one of- equity. Since,the-City required.jBakers
dedicate and construct a full width street in accordance with the City's master
plan, and -since thin: result, ed:- in ;a;loss••of;.depelopable;;land for -`Mr- -Baker,--I--feei-
the adjacent property owner who*losesr;no,land by the,stree_t extension
certainly pay his share of the land acquisition cost. e F
Martin Polin appeared before the City Council stating that to the best of his
recollection and records that when the decision was made an agreement-reached
between the Planning Commission and himself to rearrange his shopping center so
that access ito: the'.stores would,be, from. Ramona .Drive,- he.- stated_;that_at that „time•;
he of feted: to -pay: for one- half•, the,. cost, of,puttiiig inn =the street,, improvements. on.
Ramona Drive. At no time during the discussions regarding these .improvements.was•
any mention made of reimbursing Baker brothers for the cost of the land.
The +first time that' he-,was made aware- of -,the requirement, that We-' wbuTd, be required
to pay for the land was when the: :cor-rec_ted• statement - came,from.the:City .,Engineer_.
with the cost of land included as part of the street costs.
Mr. Polin continued that the cost allocated by the City Engineer_,and_.:Baker� brothers
to this property was the cost paid per square foot for the 14 acres purchased by
Baker, bro.thers: _
Mr. Polin stated that the value of the land for,this.,street - wis much. less. _than the:
surrounding property as this street right of way encumbered by an easement in
perpetuity_ao> the: Jacobson _famiiy•_and .,or: their. - successors.. ., .. _• _ - .- i.� .. _ .
Mr. Polin also questioned the overhead_ figure _of. 1070.; ; , -
Mr. Bill Baker :appeared-.before ;the: City Council :and stated.,,there .was.,no question ;in
his mind that he was promised by the City that he would be reimbursed for one -half
his cost in.putting through Ramona Drive, including land acquisitibrG' He sated`
he was'.looking ~to the.City for,' reimbursement- -for;his. road costs: and,not`.Mr... Polin...
Councilman Gallagher stated that he objected to the Planning Commission or the City
requiring Mr:: Polin to. pay.;one.�half. -of �tbe -cost of - the,,-land .in addition :to• the cost
of•'the::impiovements_when: the: land for the street'• right- of.,Fay.. encumbered , by a;road
easement and further unless :•the. CiUy;:s ha -a.wr.ftten agreement with Mt.. Polin.he. can
not see how the City can require him to pay for the land.
On motion of Councilman Blake, seconded by Councilman Miller, that in fairness-to'-
all concerned; tliat'•in. order -to:release-the V ... non- access, strip.adjacent,to. the
Polin: Shopping, Center - that:the; property owner pay . - one, half- of_the_tmprovement::costs
for Ramona Drive including the land needed for development of the street.:,,:
Councilman Spring�stated:,he objected to;.the :.motion as, be •felt that ,the. City.. had,-. ..
accepted._ the Polio Shopping Center•.proposal.and,Mr. Polio' -s offer to pay,jone.lialf,
thdcost 'of improvements; to, the:streetanot;including.land.;
.• : L` is 2:, •_ r• ':. -. _. 1:.: ,. ..:,�.:,,. -
Councilman Miller explained to the Council the past policy in requiring adjacent
property owners ---to; pay: ;the :original:deyeloper..of.all street improvements including
land and he gave as an example the improvement of Southwood Drive adjacent to the -
Ann Arbor Estates;,Tract;and.Highland Drive:;adjacenti.,to.;College Highlands. subdivision.
_Mayor_Whelchel' stated;-that ::he;lagreed; with the existing City_policyr ofr. requiring _
reimbursement to the original developer of not only -the •actual:improvemeriis to the
streets but also the land costs. He felt he would have to go along with'the= exist-
ing-City policy..-
Motion - carried on .t.he:; following;rolL call-vote:..
AYES: Emmons Blake, Donald Q. Miller, Clell W. Whelche,l`
JIE
_•NOES : Arthur F.: `Spring, .Frank; Gallagher
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City Council Minutes
July 5, 1966
Page 14
ABSENT: None
r;
The City Council then discussed the-lack of written,City.policy on this matter and
requested that the City Attorney prepare for the Council's consideration a new
policy to be adopted- vhich•would =state that when a developer is required to put in
full street improvements with a 1' non- access strip, then the adjoining property
owner would pay one half the development costs including land for a 15 year period.
26c 'On motion of:Ccuncilman Spring- L'seconded by�)Councilman Gallagher, the follow-
ing ordinance was introduced for final passage. Ordinance No. 351, an ordinance
rezoning 790 Foothill Boulevard from R -3 to C -1.
Finally passed on the following roll tall vote::
AYES: Emmons Blake, Frank Gallagher, Arthur F: Spring,
• -. Donald Q. Miller; Clell' W. Whelchel -;,
J, NOES: None
ABSENT: None
27. ConsideratioiVW 'the rdeommendation.of the Planning Commission amending the
General Plan was ordered held over.
28. The City Council discussed the fire and extended coverage insurance to be
carried .on_the- buildings.=located in Parking Lot-No. 11 recently purchased.by_the.
City:
After discussion of the various alternatives, it was moved by Councilman Miller,
seconded by Councilman Gallagher,.thai) the City.Councii_carry'a minimum of,$25,000
on the buildings. Motion carried.
29. 'The'City Clerk reported-on the following bids received for sidewalk, curb,
gutter and driveway ramp repairs: .
1: V. 'A. GUS HOWIE $4,882:80_ c
-652 Morro Street
San Luis Obispo, California--
2. W. -G. SHELTON 5,965;00.
287 Cerro Romauldo ......'
San Luis Obispo, California
3. 'J. A. O'$ELLEY AND'SON' 62050000
245-Tank Farm Road
San Luis Obispo, California
On motion of Blake, seconded by Councilman-.Gallagher, the low bid of.
Gus Howie -was accepted: -M tion carried.
30. On motion of Councilman Gallagher, seconded by Councilman Miller, the follow -
ing-contract payments-were ordered --approved and, paid:- . . 1.r .
WEST COAST CONSTRUCTION COMPANY
Edna Road Sewer Project
A -1- ELECTRIC- COMPANY
Traffic Signal Installations
WEST COAST CONSTRUCTION COMPANY
E1 Centro Way Drainage
Motion carried.
Est. #1 (16% complete)
Est. #2 (55% complete)
C.O. 01 ($269.04)
Est. #2 (80% complete)
$19,131.00
2,383.45
4,164.18
32. The City Council discussed the renewal of the lease at Reservoir 02 to the
Bailey Bridge Company, present lease expires January 1967.
After discussion by the City Council it was moved by Mayor Whelchel, seconded by
Councilman Miller, that this lessee be notified that at the expiration of the
current lease it would not be renewed.
City Council Minutes
July 5, 1966
Page 15
Motion lost on the following roll call vote:
:. 7!
AYES: Mayor. Whelchel, ;Donald Q. Miller 2.; -1
NbEScL_ fis..Blake,,,oFrank Gallagher; ;.Arthur- F.�Sprtng..
ABSENT: _Non6
On m6fto-n. of Councilman .Spring-i::seconded_;by-..Councilman Bl ake,:I thar., the,, qi ty P9uncil
reconsidei,,the:.motibn.--::'M.ot ion. 3.ed.,_._-c: - ZI
On MoTidfi'of Counciliman-Blake, Seconded by':Counciliaan-Gillagher,:Ehae thi in_dtt6r:be
continued: 'M6tion.carried. CouncilmaA'- Miller vofin.g_'A6. i
33. Quitclaim dee4':ftoin.Tognazini•,and.Whitehead-.to Martinelli-and the City of
San Luis Obispo was held:. ;over for :jconsiderationlby�-the- Ci.ty -attorney.
34. Communication from the ' County Road Commissioner notifying -the City-:Council
that they have requested the State Division of Highways to relocate the frontage
road intersections at Los Osos Valley Road and Highway 101.
CoMMU'hicaeion.'frovf' the::Division:;of., Highways:,nojtifyin&tke qkty.-.,Cou.n.cil: that,-,.they. r.
had received the Council's request for studies at. Los i0sos ,Vallev Road and
' 'Council " - " _� ' - ' Highway, ,
101 and that these studies would be made and the City notified.
35.t""Commxini:catiorn fro=.,the! San Luis-. Obispoi -Senior •High%. School!,Drama Department.',
to place advertising on utility poles in the City of San Luis Obispo advertisi.ng
plays -to be presented in July . ly and August.
b6nied 'on-o' motion:of ' CouncilmAni;Mi-1ler.,,-,,1-. seconded,,by -Councilman- Gallagher._- YDtion,--?,
carried.
The Diama pe!pariment:-;,das--td-.-be -.notif iediithat, the &.ity, wquld.,.be happy, to. Ic9operate,C.
with other methods of advertising.
36. Communication from the Chamber'of Commerce requesting-1 support supp rt from
m
the City for the participant-; in the Powder-Puff Derby, the '- ,Tr an sc inental all
Women Air Race from Seattle, Washington to Flor.i4,ki.:-.
RequestIPMaied on motion of Counci-1man.Miller, seconded by Cotincilman•Gallaghero'
Motion carftied-.' Councilman Blake and -Mayor Whelchel voting no.
37. on lotion of Councilman Miller, seconded by Councilman Gallagher, the Mayor
was authorized to accept on behalf,ofo he City a dee&,of' ,:
easement,for•,sewer purposes
from Harry E. Serafin. The Mayor was also authorized "to
,.'signphe agreement . for
said easement. Motion carried.
38." Co'n'xu nication, f rom,.J.,-.B.. -Taylor i-r,-3101 Rockview Place; notifying,the City of,.,.
an apparent violation to a drain pipe7from. the_-_"Se
jff-'the" Yoakum area. was
referred to the City Engineer.
V adiourned
on motion of e-,�-seconded :b_ fm—ari-,Mil _'_fhe.,me.eting,. , r..
at 1:3a A.M.
APPROVED: - August 1 1966: ::»
CITY CLERK
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