Loading...
HomeMy WebLinkAbout07/16/1962REGULAR MEETING OF THE CITY COUNCIL July 16, 1962 - 7:30 P. M. CITY HALL Invocation was given by Mayor Clay P. Davidson. Roll Call ' ' Present: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson City Staff Present: J. W. Abraham, Building & Planning Director; J. H. Fitzpatrick, City Clerk; William Houser, City Attorney; David Romero, City Engineer; R. D. Miller, Administrative Officer; Lee Schlobohm, Fire Chief; William Schofield, Police Chief; E. P. Thompson, Water Superintendant. Minutes of June 18th were corrected as follows: Page 6, reconvening of the Council should show Councilman Miller absent. Minutes were approved as corrected on motion of Councilman Shipsey, seconded by Councilman Graves. On motion of Councilman Shipsey, seconded by Councilman Graves, claims against the City for the month of July, 1962, were approved subject to approval of the Administrative Officer. 1. On motion of Councilman Graves, seconded by Councilman Miller the following Resolution was introduced. RESOLUTION NO. 960 "A Resolution making transfer to the Whale Rock Fund on a loan basis and providing methods of repayment for such loan." Passed.and adopted on the following roll call vote: AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., DonaldQ. Miller, Gerald W. Shipsey, Clay P. Davidson NOES: None ABSENT: None 2. On motion of Councilman Miller, seconded by Councilman Shipsey, the following Resolution was introduced: RESOLUTION NO. 963 "A Resolution establishing the Yoakum Assessment District fund." Passed and adopted on the following roll call vote: AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., DonaldQ. Miller, Gerald W. Shipsey, Clay P. Davidson NOES: None ABSENT: None 3. On motion of Councilman Shipsey, seconded by Councilman Graves the following Resolution was introduced. RESOLUTION NO. 964 "A Resolution increasing the original 1962 -63 budget." Passed and adopted on the following roll call Vote: AYES: Miss Margaret M. McNeil, R. L Graves: W. Shipsey' Clay p, Davidson ' ,r,' Donald Q NOES: one i 4. 5. up ABSENT: None On motion of Councilman Graves, seconded by Councilman Shipsey the following Resolution was introduced: RESOLUTION NO. 974 "A Resolution of intention approving amendment to contract with Board of Administration, Retirement System and City." Passed and adopted on the following roll call vote: AYES: Miss Margaret M. McNeil, R...L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson ' NOES: None ABSENT: None On motion of Councilman Shipsey, seconded by Councilman McNeil the following salary step increases were approved, effective August 1, 1962. AYERS, RICHARD D., Sr. Disposal Plant Operator from Step 3 at $435 per month to Step 4 at $460 per month. BALDWIN, CHARLES A., Police Officer from Step 3 at $460 per month to Step 4 at $488 per month. LUI2, MANUEL W. Laborer - Equipment Operator, from Step 3 at $390 per month to Step 4 at $412 per month. PIcCONNEL, MARY C., Typist Clerk, from Step 2 at "$312 per month to Step 3 at $330 per month. SCHACT, RICHARD A., Police Officer, from Step 4 at $488 per month to Step 5 at $515 per month. SMITH, LOU ANN, Typist Clerk, from Step 2 at $312 per month to Step 3 at $330 per 1 month. WRAY, PHYLLIS M., Parking Enforcement Officer (Female) from Step 3.at $368 per month to Step 4 at $390 per month. City Clerk reported on the following bids received for serving a loader to the City. 1. Warnock - Bancroft Equipment Company (Michagan) 9635 Rush Street Model 75A Series II E1 Monte, California Bid price (Excluding all federal excise taxes and state and local taxes $19,270.00 Less trade in 1,659.00 Net Bid $17,611.00 90 days delivery 2. Wallace Machinery Company Santa Maria, California Bid price (see above) Less trade in Net Bid 3. Hanson Machinery Company Santa Maria, California (Caterpillar 922) $15,673.00 2,500.00 $13,173.00 (Payloader H. 50) Bid price (see above) $16,486.92 Less trade in 2,326.92 Net Bid $14,160.00 R. D. Administrative officer,recommended that the Council accept the r, bid pg Wallace Machinery Co. for a Caterpillar loader. 10 Councilman Shi se , the low bid of �ller� seconded by Of CDU�Ci� b a�cepted. coo e ,A60eiy REGULAR MEETING OF THE CITY COUNCIL July 16, 1962 - 7:30 P. M. CITY HALL Invocation was given by Mayor Clay P. Davidson. Roll Call ' ' Present: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller Gerald W. Shipsey, Clay P. Davidson City Staff Present: J. W. Abraham, Building & Planning Director; J. H. Fitzpatrick, City Clerk; William Houser, City Attorney; David Romero, City' Engineer; R. D. Miller, Administrative Officer; Lee Schlobohm, Fire Chief; William Schofield, Police Chief; E. P. Thompson, Water Superintendant. Minutes of June 18th were corrected as follows: Page 6, reconvening of the Council should show Councilman Miller absent. Minutes were approved as corrected on motion of Councilman Shipsey, seconded by Councilman Graves. On motion of Councilman Shipsey, seconded by Councilman Graves, claims against the City for the month of July, 1962, were approved subject to approval of the Administrative Officer. 1. On motion of Councilman Graves, seconded by Councilman Miller the following Resolution was introduced. RESOLUTION NO. 960 "A Resolution making transfer to the Whale Rock Fund on a loan basis and providing methods of repayment for such loan." Passed and adopted on the following roll call vote: AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., DonaldQ. Miller, Gerald W. Shipsey, Clay P. Davidson NOES: None ABSENT: None 2. On motion of Councilman Miller, seconded by Councilman Shipsey, the following Resolution was introduced: RESOLUTION NO. 963 "A Resolution establishing the Yoakum Assessment District fund." Passed and adopted on the following roll call vote: AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., DonaldQ. Miller, Gerald W. Shipsey, Clay P. Davidson NOES: None ABSENT: None 3. On motion of Councilman Shipsey, seconded by Councilman Graves the following Resolution was introduced. RESOLUTION NO. 964 "A Resolution increasing the original 1962 -63 budget." Passed and adopted -on the following roll call vote: AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson NOES: -]one -1- 4. On motion of Councilman Graves, seconded by Councilman Shipsey the following Resolution was introduced: RESOLUTION NO. 974 "A Resolution of intention approving amendment to contract with Board of Administration, Retirement System and City." Passed and adopted on the following roll call vote: AYES: Miss Margaret M. McNeil, R..L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson ' NOES: None ABSENT: None 5. On motion of Councilman Shipsey, seconded by Councilman McNeil the following salary step increases were approved, effective August 1, 1962. AYERS, RICHARD D., Sr. Disposal Plant Operator from Step 3 at $435 per month to Step 4 at $460 per month. BALDWIN, CHARLES A., Police Officer from Step 3 at $460 per month to Step 4 at $488 per month. LUIZ, MANUEL W. Laborer - Equipment Operator, from Step 3 at $390 per month to Step 4 at $412 per month. McCONNEL, MARY C. Typist Clerk, from Step 2 at '$312 per month to Step 3 at $330 per month. SCHACT, RICHARD A., Police Officer, from Step 4 at $488 per month to Step 5 at $515 per month. SMITH, LOU ANN, Typist Clerk, from Step 2 at $312 per month to Step 3 at $330 per I month. WRAY, PHYLLIS M., Parking Enforcement Officer (Female) from Step 3 at $368 per month to Step 4 at $390 per month. 6. City Clerk reported on the following bids received for serving a loader to the City. 1. Warnock - Bancroft Equipment Company (Michagan) 9635 Rush Street Model 75A Series II El Monte, California Bid price (Excluding all federal excise taxes and state and local taxes $19,270.00 Less trade in 1,659.00 Net Bid $17,611.00 90 days delivery 2. Wallace Machinery Company (Caterpillar 922)" Santa Maria, California Bid price (see above) $15,673.00 Less trade in .2,500.00 Net Bid $13,173.00 3. Hanson Machinery Company Santa Maria, California (Payloader H. 50) Bid price (see above) $162486.92 Less trade in 2,326.92 Net Bid $14,160.00 R. D. Miller, Administrative Officer,recommended that the Council accept the low bid of Wallace Machinery Co. for a Caterpillar loader. On motion of Councilman Miller, seconded by Councilman Shipley, the low bid of Wallace Machinery Co. be accepted. i -2- 1 1 1 7. F City Clerk reported the following bids received for construction of Jeffrey Drive: Guido 0. Ferini P. 0. Box 588 Santa Maria, California Madonna Construction Company P. 0. Box 910 San Luis Obispo, California Walter Brothers Construction Company P. 0. Box 809 San Luis - 'Obispo, California Valley Paving & Construction Company, Inc. P. 0. Box 6 Pismo Beach, California General Engineering & Construction Company, Inc. 2011 McCollum Street Luis Obispo, California R. McGray 2015 South Broadway P. 0. Box 348 Santa Maria, California Ted Watkins Construction Company, Inc. P. 0. Box 453 San Luis Obispo, California $13,797.00 15,472.50 12,439.00 14,066.30 10,838.00 11,967.00 11,821.00 R. D. Miller, Administrative Officer, recotmeuded that the low bid of General Engineering Construction Company be accepted. On motion of Councilman Graves, - seconded by Councilman Shipsey, the bid of General Engineering Construction Company was awarded,:. 8. City Clerk reported on bids received for reconstruction of Olive Street Project No. 49 and Peach Street Project No. 50: Project No. 49 Project No. 50 Walter Brothers $6,613.22 $4,565.77 P. 0. Box 809 San Luis Obispo, Calif. Guido 0. Feiini 89154.40 5,515.90 P. 0. Box 558 Santa Maria, California R. McGray 7,738.00 5.477.00 P. 0. Box 348 Santa Maria, California Valley Paving 7,438.60 5,454.00 P. 0. Box 6 Pismo Beach, California Ted Watkins 7,781.20 5,477.00 P. 0. Box 453 San LuisObispo, California General Engineering 6,417.00 4.425.50 2011 McCollum Street San Luis Obispo, California Madonna Construction Company 82474.00 5,858.00 P. 0. Box 910 San Luis Obispo, California R. D. Miller, Administrative Officer, recommerided� that the low bid of General Engineering -be accepted. On motion of Councilman Graves, seconded by Councilman Shipsey, the low bid of General Enginering Construction Company was awarded. -3- 9. At this time theCity Council held a Public Hearing for installation of Side- walk improvements along Slack Street between Motley and Grand Avenue under the provisions of the 1911 Improvement Act. Mr. Romero. City Engineer, explained the extent of construction to the City Council and listed estimated assessments for each property involved in the project. a Mr. Sackrider, resident of Slack Street, protested the installation of sidewalks in front of his house as he questioned the safety of children using the sidewalks for riding scooters and skating which could be a hazard when the residents of Slack Street were backing the cars in and out of their driveways. Mr. Washburn,.resident of Slack Street, questioned theCity Council as to why no action had been made to place sidewalks on Grand Avenue where more children walk to school and there are no sidewalks instead of on Slack Street where a limited number of children walk to school. Mayor Davidson explained the City Council policy of trying to place sidewalks in front of all property in the City and that their policy of allowing property owners three years to pay was generous and would allow all citizens in the City of place sidewalks in front of their property. The City Council discussed the matter of sidewalk construction being placed in the sidewalk easement as a deed and whether the City would accept.that part of the easement notcused for sidewalks. Mr. Houser, City Attorney, was requested to investigate ownership of the area behind the proposed sidewalk along Slack Street and whether.the City or property owners would retain ownership. Mr. Sackrider protested the proposed construction based on the hazard to children using the sidewalk along the high bank near the school property and the hazards to operators of motor vehicles on Slack Street. On motion of Councilman Shipsey, seconded by Councilman Graves that the City , Council overrule the protests of Mr. Sackrider. Motion carried. Mr. Houser, City Attorney, stated that if all sidewalk contracts were not completed within 90 days then the Superintendent of Streets will order the work to be done and the work will be made a lien against the property. If the assessment is more than $50.00 the property owners could have three years to pay a 3% interest. Mr. Houser explained that at the end of 90 days the City Council would hold a Public Hearing on costs of the construction work, hear protests and,spread assessments Mr. Sackrider stated he would waive the 60 day notice in order for the City to take advantage of the combined lower construction bid, if all the work were done at one time and not have each property owner do his own construction or get bids,for his own sidewalk. Mr. Romero, City Engineer, also recommended that the City Council try and get 100% sign up.from property owners so that.bids could be called for as soon as possible. On motion of Councilman Miller, seconded by Councilman Graves, the City was authorized to call for bids for construction of the sidewalk. The Public Hearing was closed. 9:07 P. M. The City Council adjourned to sit as a Board of Equalization to ' consider any protests filed to the 1962 -63 assessment bill. 9:45 P. M. Mayor Davidson called a recess. The meeting reconvened at 10:00 P. M. with all Councilman present. 11. At this time theCity Council considered the appointment of a Planning Commissioner to complete the unexpired term of Stan Cole who resigned. Mayor Davidson nominated John Feliciano as a member of the Planning Commission to complete the term of Stan Cole. The Mayor explained that Mr. Feliciano was interested in serving the City of San Luis Obispo and would be very pleased to act as a Planning Commission member. Nomination seconded by Councilman Shipsey. -4- Councilman Graves nominated Mr. Edwin C. Ruds as a member of the Planning Commission as he believed the City Council could benefit from a better cross section of the Community by having a member of the City School Staff on the Planning Commission and not another business man and that Mr. Ruds could act as a liaison between the Planning Commission and the School Board. Nomination seconded by Councilman Miller. Mayor Davidson called for a roll call for John Feliciano. AYES: Miss Margaret M. McNeil, Gerald W. Shipsey, Clay P. Davidson NOES: R. L. Graves, Jr., Donald Q. Miller Mr. Feliciano was appointed to fulfill the term of Stan Cole on the Planning Commission. 12. Mr. Houser, City Attorney, presented the following legal opinion of the claim of Mrs. 0. E. Custufson for a refund of over payment of thewater bill: _ FACTS: Mrs. 0. E. Gustufson, 236 Grand Avenue, has submitted a request that the"City reimburse her for overpayments on her water billing because for many years she had been billed and had paid on the basis of four (4) residential units when only three (3) residential units were on the premises. The claimant states that she made application for water service in 1940 and has periodically objected to the high water billing. The City Clerk has reported that the sum of $83.60 excess payment has been received from the claimant over the past five (5) years, which is as far as the City records go. LAW: The City Charter, Section 1213, provides that claims against the City must be presented within ninety (90) days, provided, however, that the Council may, by 4/5 majority vote, waive these provisions on claims arising out of contracts in hardship cases. CCP Sec. 337 (1) provides that an action on a contract or liability founded on a written instrument must be commenced within four (4) years. CCP Sec. 339 (1) provides that action on a contract or liability not founded on a written instrument must be commenced within two (2) years. Cause of action based on statute or ordinance is classified as implied and subject to the two (2) year statute of limitations. ANALYSIS: The present application for water service contains a promise by the applicant to pay the rates which from time to time shall be in effect and the form used in 1944 contained a similar promise. Since we have not been able to locate the claimant's 1940 application or form in effect at that time, it would be assumed that it also contained a similar promise to pay. On this basis the claimant's action would be one arising out of a contract and would be based upon a written contract, to -wit'. the application for service. If the Council does not desire to waive the 90 day limitation set forth in the Charter, the claimant would be entitled to the excess charges paid within 90 days of her written request. If 4/5 of the Council determine that the claimant's action was a hardship case and waives the 90 day provisions, the Council could authorize payment in excess of 90 days. In this event it mould be my advise not to exceed the quoted civil procedure of actions, which would be four (4) years, based on a claim arising out of contract, in writing. Though the 90 day defense set forth in the Charter is discretionary to the extent that it may be waived by a 4/5 majority vote, I do not believe the Council could refuse to enforce the four (4) year statute on any action brought by the claimant." After discussion by the City Council it was moved by Councilman Millt-r, seconded by .Councilwoman MrN '1, that the City Council waive the 90 day limitation set in the -5- Charter for claims of this type. Passed on the following roll call vote: AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson NOES: None ABSENT: None On motion of Councilman Shipsey, seconded by Councilman Miller that the City refund four (4) years overpayment for the additional unit. Motion carried. 13. Communication from Cal Poly notifying the City Council that Cal Poly is presently not interested in improving the Foothill Blvd.- California Avenue. crossing as they are attempting to get another entrance to the College from the No. 1 highway north of the City limits, and there would probably not be enough money available for both this entrance and the Califo m ia-'Foothill Blvd. entrance. Mr. Nelson of Cal Poly attached to his letter a copy of the letter received from the parking facilities' analyst regarding this crossing. Mr. Miller, Administrative Officer, explained for the City Council's information the background of the communication from Cal Poly regarding improvement of the California - Foothill Blvd. crossing which was originally considered at the instigation of college authorities. On motion of Mayor Davidson, seconded by Councilman Miller, theCity immediately began negotiation with the S. P. Company for installation of the crossing gate at the Foothill Blvd.- Californial -.gradeacrossiiig:,eind thati.Cal. =Poly bben6tifiedt_65a the City Council action acid that if they wish to include signals they can do so at their own expense. Motion carried. On motion of Councilman Shipsey, seconded by Councilwoman McNeil that the City first investigate allocations from the Public Utility Commission for.grade crossing construction. AYES: Miss Margaret M. McNeil, R. L. Graves, Jr..,.GeraldW. Shipsey, Clay P. Davidson ' NOES: Donald Q. Miller 14. At this time the City Council considered adoption of Utility Agreement 3031 regarding the relocation of 6" sewer pipeline on the 101 Freeway and Madonna;.Road. Mr. Romero, City Engineer, explained the extent of the project and recommended that the City approve the agreement. On motion of Councilman Miller, seconded by Councilman.Shipsey, the Mayor was authorized to sign Utility Agreement 3031 on behalf of the City. 15. At this time the City Council considered approval of Utility Agreement 3042 regarding water facilities on 101 Freeway and Madonna Road. Mr. Romero, City Engineer, expl,Ained the extent of the project and recommended approval by the City Council. On motion of.Councilman Graves, seconded by Councilman Miller the Mayor was authorized to sign Utility Agreement 3042 on behalf of the City. . 16 At this time the City Council considered the protests from residents of Pinecove & Drive, Laguna Lake Subdivision, concerning the grading of Lakewood Subdivision 17 adjoining their property, particularly the construction of the slope from the Lake wood Subdivision which is higher than their property. Also a communication from James Rankin protesting grading elevation of the Lakewood Subdivision above his property. 1 Mr. Romero, City Engineer, explained to the City Council that the subdivision is being built by the Lakewood Associates and that the subdivision is being constructed in accordance with approved plans and that drainage from the lots adjacent to the Laguna Homes Subdivision is away from that subdivision and flows from the..-xesi7.'6f:.thes7lot9 t6,-the,,--,street. Mr. Pendelton stated that he was sure thatif the improvements were completed with the approval of the City Engineer,-the adjoining property owners would have no objection. Communication ordered received and filed. 18. Traffic Committee report of July 5, 1962. 62 -7 -1T In accordance with the Council's previous request, the Engineering Depart- ment has made detailed traffic count at each of the following intersections and on each of the street legs entering thereto: Lizzie and Johnson Chorro and Palm Chorro and Monterey Santa Rose and Palm Santa Rose and Mill Nipomo and Higuera It was found that only the Chorro- Monterey intersection came close to meeting the required State warrants, and it is felt that signallization of this intersection should wait until some decision is made on the alignment of the streets entering this intersection. We feel that two intersections previously justified by traffic counts should be added to the ones already budgeted, since sufficient gas tax monies would be available to take care of the additional intersections. These are Monterey ' and Osos, and Johnson and Marsh. Mayor Davidson brought up for the Council's consideration that no proposal had been made to place traffic signals anywhere on Santa Rosa Street from Monterey to the 101 Freeway and suggested that while traffic counts did not justify this need he believed signals should be placed on Santa Rosa at Mull Street in order to allow safe crossing of Santa Rosa Street. The City Council discussed the suggestion made by the Mayor and the matter was held over for further discussion. 61 -6 -3C The Traffic Committee has restudied the parking and traffic conditions on Peach Street between Johnson and Pepper in view of the public hearing. Inasmuch as there was an extreme reluctance on the part of residents of this-block for the elimination of parking on one side of the street, the traffic committee recommended that nothing be done at this time. However, we are honor bound to mention the strong possibility of a tragedy in case of parked cars being parked on opposite sides of the street and a fire truck being'unable to get through and having to go around the block. Recommendation of the Traffic Committee accepted on motion of Councilman Miller seconded by Councilman Shipsey. 62 -7_ -2C On the request of the French Hospital for a cross -walk across Toro approximately midway between Marsh and Higuera, the Committee feels that this ' would create more of a hazard then a safeguard for patients being wheeled across Toro Street, and.we therefore recommend against such crosswalk. Recommendation of the Traffic Committee accepted on motion of Councilman Shipsey seconded by Councilman Graves. 62 -7 -3C At the Council's request, we have made a further study of the parking situation of Hathway, especially in view of Mr. Renetzky's stated interest in having parking restricted alongside his house. We feel that the block between Orange and Kentucky is narrower than the block to the west because curbs and gutters are not in and the street is not clearly delineated. Therefore we recommend that parking be eliminated on the south side of Hathway between Orange and Kentucky from 8:00 A.M. to 5:00 P. M. on weekdays. -7- On motion of Councilman Graves, seconded by Councilman Miller the following Resolution was introduced: RESOLUTION NO. 973 "A Resolution restricting parking on Hathway between Orange and Kentucky Streets." Passed and adopted on the following roll call vote: AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson NOES: None 1 ABSENT: None 62 -7 -4C On the request of the E1 Carlos Motel for signing relief, we recommended that an arrow pointing straight up be added to the motel sign on the southerly corner of Higuera and Marsh. Recommendation of the Traffic Committee accepted on motion of Councilman Shipsey, seconded by Councilwoman McNeil. 62 -7 -5T We have had a request from the Homestead Motel for additional signing, because motorists coming off the freeway and travelling in a circuitous route to this motel via Santa Rosa, Olive and Osos are inclined to re -enter the freeway in a south bound direction instead of turning right on Fig Street. It is therefore recommended that a standard motel sigh with a right arrow be installed on the south side of the intersection of Osos and Fig, directing motorists in the direction of the Homestead Motel. Rereferred to the Traffic Committee at their request on motion of Councilman Miller, seconded by Councilwoman McNeil. 19. Communication from the Church of Jesus Christ of the Latter Day Saints offering for public dedication a strip of land lying between the Church and Sierra Vista Hospital known as Deseret Place. Mr. Romero, City Engineer, explained to the City Council proposal made by the Church and presented sketches showing the property being granted to the City. After discussion it was moved by Councilman Miller, seconded by Councilman Graves that the City deny acceptance of this parcel of land.until brought up to City standards. 20. Communication from the U. S. Post Office Department notifying the City Council that the new Post Office will be dedicated August 16 and requested that the City Council appoint one or more representatives to meet with the Post Office representatives and Chamber of Commerce to arrange the dedication ceremonies and open house. Mayor Davidson volunteered to represent the City on this matter. 21. Communication from the League of California Cities regarding Council consideration of an increase in the highway users tax to finance City streets which will be discussed by the state legislature during its 1963 session and asking that various City Councils of the State make their views known to the Board of Directors so that they may be presented to the legislature. The City Council discussed with the staff various needs regarding future de- ficiencies in the City and the best methods of overcoming these deficiencies. On motion of Councilman Graves, seconded by Councilman Miller that the City ' Council go on record to increase the Gas Tax 14� for City and County streets. Motion carried. 22. Communication from International Conference of Building Officials requesting the City Council's support in attempting to develop unity in building laws in the State of California by adoption of the Uniform Building Code. Referred to the City Building_Department for investigation and report to the City Council. . 23. Communication from California Highway Patiol regarding the location of the new patrol office on City property adjacent to Madonna Road. On motion of Councilman Graves, seconded by Councilman Miller that the Administrative Officer, R. D. Miller, be authorized to write a letter regarding the discussion with the local office regarding the possible use of the City owned property on California Boulevard and the Freeway. 24. Communication from Morgan Flagg appealing the decision of the Planning Commission in denying the land use permit for a drive -in restaurant on the property located at 228 Santa Rosa Street. Mr. Houser, City Attorney, stated that the appeal from Morgan Flagg was late according to the Municipal Code but that the City Council could waive this limit- ation and set a public hearing to hear the appeal and a report be received from the Planning Commission giving the reason for denial of use permit. On motion of Councilman Shipsey, seconded by Councilman Miller, communication referred.to the City Planning Commission for report and a public healing set for August 20, 1962, with property to be posted and notice of the public hear- ing to be published. 25. For Council's information, copy of communication from Harry M. Jenks to the Department of Health, Education and Welfare, notifying them that the City is calling for construction bids on the sewer plant enlargement, was ordered re- ceived and filed. 26. For the Council's information, copy of communication from the State Water Pollution Control Board to the U.S. Public Health and Safety forwarding descriptions for the sewer plant enlargement project, was ordered received and filed. 27. For Council's information, notice from U.S. Army Engineers of survey'report for navigation, Port San Luis Obispo, was ordered received and filed. 28. Communication from 0. J. Gullickson, Assistant Director of Civil Defense, re- garding plans and alterations in the City Hall basement for Civil Defense office and control center. City Clerk was instructed to notify the Rifle Club of the request of the Civil Defense Director regarding protection of the Civil Defense control center. 29. Copy of communication from the Department of-Water-Resources " to Donald S. Nelson of Cal Poly, regarding the approximate cost of Whale Rock water delivered to the _, college. R. D. Miller, Administrative Officer, stated that he notified Cal Poly that an agreement must be entered into by the City and College for delivery and treat- ment of the Whale Rock water. 30. Communication from State Department of Justice notifying the City Council of a zone meeting to be held regarding narcotics; meeting to be held in Salinas, on July 18, ordered received and filed. 31. Communication from Felton Ferrini, requesting Council acceptance of Tracts 253 and 257 by the City. Mr. Romero, City Engineer, reported that the tracts are in complete accordance ' with the plans and specifications and recommended the Council accept the tracts. On motion of Councilman Miller, seconded by Councilman Shipsey, the following Resolution was introduced: RESOLUTION NO. 972 (1962 Series) "A resolution accepting off -site improvements and easements in Tract Numbers 253 and 257, Ferrini Heights Numbers 4 and 5." Passed and adopted on the following roll call vote: AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson NOES: None ABSENT: None 32. R. D. Miller, Administrative Officer, announced the appointment of Donald Branzuela as janitor effective August 1, 1962. 33. Mr. Miller, Administrative Officer, asked Council permission to leave the' State on his vacation, July 17 to 27, 1962 and Mr. Schofield requested ' permission to leave the State from July 17 to 27, 1962; approved on motion of Councilman Miller, seconded by Councilman Graves. 34. Councilman Graves requested permission to be absent.from the State in the latter part of July; approved on motion of Councilman Shipsey, seconded by Councilman Miller- 35. Mr. Abraham, Building & Planning Director, appeared before the City Council requesting permission for Mr. Miller to apply for 701 Planning Funds as approved in the 1962 -63 budget. On motion of Councilman Graves, seconded by Councilman Miller, the Admini- strative Officer was authorized to request a proposal from Hahn & Wise prior to apply for 701 funds for planning purposes. 36. Mayor Davidson stated that Mr. Masterson had called him and stated that he had been ordered by the Building Department to move his trailer off his property located on Higuera Street and that this trailer just replaced one that had been on this property for many years and was needed in his business as he was required to maintain a watchman to guard cars in storage. Mr. Abraham stated that Mr. Masterson had moved in a new trailer on his property in violation of the'Municipal Code and that he had'been notified to comply with the Ordinance and remove the vehicle. Upon questioning; Mr. Abraham stated that it was true that the other trailer was in violation, but that his policy was that the Building Inspectors not bother existing conditions, but conditions that were'changed such As in the above case. After discussion with the City Council, it was moved by Councilman Shipsey seconded by Councilman Graves, that Mr. Masterson be granted an extension of 30 days to remove the trailer from his property. On motion of Councilman Shipsey, seconded by Councilman Miller, the meeting ad- journed to 7:30 P.M. Thursday, July 19, 1962. Accepted this day of,,I" .r 1962. 1