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HomeMy WebLinkAbout10/05/1964REGULAR MEETING OF CITY COUNCIL October 5, 1964 - 7:30 P. M. CITY HALL Invocation was given by Mayor Clay P. Davidson. Roll Call Present: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel City Staff Present: P. Chapman, Planning & Building Director; J. H. Fitzpatrick, City Clerk; W. M. Houser, City Attorney; R. D. Miller, Administrative Officer; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief; W. Schofield, Police Chief. On motion of Councilman Miller, seconded by Councilwoman McNeil, the minutes of August 31, September 8, 14, 21 and 29, 1964, were held over. On motion of Councilman Miller, seconded by Councilwoman McNeil, claims against the City for the month of October, 1964 were approved subject to the approval of the Administrative Officer. R. Members of the Cal Poly Circle K Club appeared before the Council requesting permission to sell Holloween candy on October 14th. On motion of Mayor Davidson, seconded by Councilman Graves, the request was approved. 1. On motion of Councilman Miller, seconded by Councilman Whelchel, the following salary step increases were approved: BARRIOS, Anselmo A., Laborer - Equipment Operator, from Step 1 at $385 to Step 2 at $405 per month, effective November 1, 1964. BROWN, David L., Police Officer, from Step 2 at $480 to Step 3 at $508 per month, effective November 1, 1964. DAVIS, Howard E., Police Officer, from Step 1 at $455 to Step 2 at $490 per month, effective November 1, 1964. JAYNE, Ward A., Police Officer, from Step 1 at $455 to Step 2 at $480 per month, effective November 1, 1964. KALICICKI, Robert C., Jr., Police Officer, from Step 2 at $480 to Step 3 at $508 per month, effective November 1, 1964. KUDRON, John A., III, Police Officer, from Step 1 at $455 to Step 2 of $480 per month, effective November 1, 1964. MORRISSEY, Winston B., Police Officer, from Step 2 at $480 to Step 3 at $508 per month, effective November 1, 1964. ROCHA, Frank Jr., Police Officer, from Step 1 at $455 to Step 2 at $480 per month, effective November 1, 1964. KAYE, Donald J., Fireman, from Step 4 at $535 to Step 5 at $565 per month, effective November 1, 1964. 2. On motion of Councilman Graves, seconded by Councilman Miller, the following change order and contract payments were approved: A. Water Department Fred J. Early, Jr., Co., Inc. Filtration Plant Est. #13 $19,467.43 (100% complete) City Council Minutes October 5, 1964 Page -2- B. Public Works Department Madonna Construction Company Phase "M ', Part 6 Est. #2 $4,620.G4 (99% complete) Madonna Construction Company Phase "if', Part 7 Est. #2 $809.55 (99% complete) Madonna Construction Company Phase "M", Part 4 Est. #3 $4,487.76 Est. *4 (Final) $923.60 (100% complete) Change Order #1 $67.19 M. J. Hermreck Foothill Boulevard Culvert Est. 4A4 $18,886.01 (99% complete) Ted Watkins Construction Co. Broad- Farray Culvert Est. #2 $13,818.11 (31% complete) City Engineer Romero explained that the contractor for the Broad- I�brray Street Culvert has only 15 working days to finish the contract within specified contract time. He explained that the work is progressing satisfactorily as of this day and that the contractor could finish on time, if no unforeseen circumstances occur. 3. On motion of Councilman Graves, seconded by Councilman Miller, the Mayor was authorized to accept on behalf of the City a Grant Deed and Agreement from Clayton E. Fluitt and Claire M. Fluitt for street widening on Johnson Avenue, and a Covenant from J. J. Silva and Mary J. Silva regarding installation of curb, gutter and sidewalk along Beebee Street, and a Grant Deed and Agreement from Martin Polin for street widening on Foothill Boulevard. The Mayor was also authorized to sign said documents and have them recorded. Motion carried. 4. On motion of Councilman Whelchel, seconded by Councilwoman McNeil, the following resolution Teas introduced. Resolution No. 1335, a resolution increasing the 1964 -65 Budget. (Account No. 200.5, General Government - Independent Audit, be increased by $750.00 and that the Unbudgeted Reserve be decreased by $750.00; Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Ciell W. ' vhelchel NOES: None ABSENT: None 5. On motion of Councilman Graves, seconded by Councilman Miller, the following ordinance was introduced for final passage. Ordinance No. 291, an ordinance rezoning the Duveneck Parcel from R -1 to R -3. Mayor Davidson stated that he objected due to the traffic hazard due to development of subject property, etc. Finally passed on the following roll call vote: AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller, Clell W. Whelchel NOES: Clay P. Davidson ABSENT: None City Council Minutes October.5, 1964 Page ;3- 6. On motion of Councilman Graves, seconded by Councilwoman McNeil, the following ordinance was introduced for final passage. Ordinance No. 292, an ordinance providing minimum standards to safeguard health, safety and public welfare by regulating swimming pools. On motion of Councilman Graves, seconded by Councilman Whelchel, that City Attorney Houser prepare an amendment making the finanring provisions applicable to existing pools and clarify Section 8900.6A as far as enclosures are concerned. Motion carried. Ordinance No. 292 finally passed on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 12. At this time the City Council Committee (Mayor Davidson and Councilman Whelchel) reported on the matter of providing Christmas decorations in the downtown district, stating that a Chamber committee would make the report. Vince Ray, representing the Chamber of Commerce, appeared before the Council on behalf of the City financially taking over the Christmas decorations program for the City. He stated that after much work and study it was determined that the merchants could not support the program and asked the City to assume the financial burden of the Christmas decorations and the labor will be done by the Chamber members. ' Mr. Ray presented the following program for the next three (3) years for Christmas decorations: "LIGHTING: NEXT YEAR From Nipomo to Santa Rosa on Higuera To Johnson and Marsh From Chorro to Santa Rosa on Monterey To Johnson From Monterey to Marsh on Chorro From Higuera to Marsh on Morro THREE MERRY CHRISTMAS SIGNS: One at Marsh and Higuera One at Monterey and Grand One at Santa Rosa and Peach LAUREL LANE: Bells on Telephone Poles and lit - scrolls and bells COLLEGE SQUARE: Bells on Telephone Poles and lit - scrolls and bells LIGHTING ON CITY HALL: Full row of lights and bells LIGHTING ON COURTHOUSE: (old one) Poll row of lights and bells City`Council Minutes October. 5, 1964 Page -4- *Refurbish year long New Light Bulbs Wire Telephone Calls Correspondence Steel for Hangers Cost of hanging, gas for truck, etc. Electric Hook up for new decorations $2,500.00 300.00 350.00 50.00 25.00 250.00 35.00 1,500.00 $5,010.00 *Refurbishing is to be a year around program." Inventory on hand, $8,000 plus which would be refurbished and used again this year. Councilman Graves stated as an individual he would be glad to make a pledge for the Christmas lighting, but does not believe that as a Councilman he can give public funds for this purpose, as he believed that the downtown merchants and the shopping center operators should pay for their own decorations. Vince Ray stated that he believed that the City should assume the leadership in decorating the.downtown area. Further, he believed that a nicely decorated business district helps the business downtown and helps keep taxes down which would help all citizens. Councilman Graves stated that-the City is doing much to help downtown through tree planting and the Mission Plaza Plan and does not believe the tax payers should be asked to do more. Mayor Davidson stated he of the merchants, but of community for Christmas, store and felt that each decorating his town and Christmas. did the and cit hake not believe this was only the responsibility entire City in order to decorate the entire felt that each merchant will decorate his own tzen should feel that he is paying his share of him proud of his town and community at Mayor Davidson moved that the request of the Chamber of Commerce for $5,010. for Christmas decorations be granted. Motion died for the lack of a second. Councilman Whelchel stated that he felt that the City should participate in this program in order to do a good job, but he questioned whether the City should foot the whole bill at this time and hoped the City would only be asked to contribute $2,500.00 and that the merchants would pay the difference. On motion of Councilman Whelchel, seconded by Mayor Davidson, that. the City contribute $2,500.00 in bkder to pay for new Christmas lights. Vince Ray stated that the Chamber would attempt to raise the difference and do as good a job as could be done with whatever additional funds could be raised from merchants and the public. Councilman Miller opposed the City's participation in the Christmas decoration program as he does not believe it is the citizen's job to do the program. He believed that the businessmen can support the program, but were just sitting back as usual waiting for the City to subsidize the decoration program and if the City does not contribute then the merchants will see that some decorations are put up for Christmas. Vince Ray stated that the reason they ask for the downtown is that it is the heart of the City and all the citizens can come downtown and enjoy the decora- tions by shopping in a nice atmosphere. Councilman Miller discussed with Mr. Ray many of the things that the City is doing for the downtown businessmen and is not doing for the businesses in the shopping center. Vince Ray stated that if there was any way that this program could be financed other than this they would not be here. City Council Minutes October 5, 1964 Page -5- Ed Davin objected to the constant reference to what the City has done for the merchants, for example in providing off - street parking and gave as an example the City of Lompoc who have now removed their parking meters in order to help stimulate business, and further, if the City does not contribute to the Christmas decorations then the downtown area will end up dark for Christmas. Tim Tyler, President of the Jr. Chamber of Commerce, urged that something be done to decorate the City and hoped that the City would loosen its purse strings and help brighten up the central business district. Councilman Graves again stated he would be willing to pledge personal funds for this program but did not believe that the program should be subsidized by the tax payers. Mr. Tyler again stated that the Christmas lights were not for the good of the merchants but for the citizens of the City, particularly the children so that Christmas could be enjoyed by all. Ed Davin stated that the Chamber of Commerce is presently going through a reorganization attempting to find the role of the retail merchants in the Chamber organization of the City, and further, that he objected to the constant reference of the downtown merchants as the Chamber membership is made up from other business and professionals than downtown merchants. Councilwoman McNeil stated she believed that the City should do something for the lighting and decoration but not $2,500.00. Roll call on the motion was as follows: 1 AYES: Clay P. Davidson, Clell W. Whelchel NOES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller ABSENT: None On motion of Councilman Graves, seconded by Councilman Miller, that Planning Director Chapman be instructed to prepare a cost estimate and plans for decorating the City Ball and the Mission Plaza area for Christmas and report at the next meeting. Motion lost on the following vote: AYES: R. L. Graves, Jr., Donald Q. Miller NOES: Miss Margaret McNeil, Clay P. Davidson, Clell W. Whelchel Vince Ray asked what should the committee now do relative to decoration preparation for the year or what should the committee do now. Mayor Davidson explained the commitment made by a group of twenty eight (28) retail merchants who are bringing in a sleigh and a professional santa claus who will be in the City for at least five days and will really make a fine spirit for Christmas. He continued that these merchants are the ones who in the past have supported the Christmas light program and further, believed that other citizens should help assume some of the cost of Christmas decora- tions. Vince Ray again explained to the Council just what was being planned for lighting the downtown area. Ed Davin stated again that the Chamber needs help and that he hoped the City could help. Burt Fugate stated he believed that the Council made a mistake in denying this request, but that possibly the problem is that the wrong group asked for it, as the request should come from the ministerial association who would put a different approach to the Christmas decoration matter. He felt that the City should do something toward the Christmas decoration program. City Council Minutes October 5, 1964 Page -6- Councilman Graves again stated he did not believe that the City should contribute any public funds toward Christmas lighting regardless of who made the request. Councilman Whelchel urged that this matter not pass but rather have the City and Chamber of Commerce Committee work together on one program. Mayor Davidson opposed the motion as he believed that any action should be on a joint basis of the City and the Chamber. Vince Ray challenged the Council to each pledge $500 and he would get five (5) members of the Chamber to do the same and then the program would be a success. On motion of Mayor Davidson, seconded by Councilman Whelchel, that approval be given for $1,500.00 toward Christmas lighting of the City as programmed by the Chamber of Commerce. Motion carried on the following roll call vote: AYES: Miss Margaret McNeil, Clay P. Davidson, Clell W. Whelchel NOES: R. L. Graves, Jr., Donald Q. Miller ABSENT: None R. D. Miller, Administrative Officer, was requested by the Council to prepare a letter to be approved by the Council setting forth the procedure for the Chamber to bill the City for the $1,500.00 Christmas decoration money. Councilman Whelchel said he believed the City money should be used only for new material and not for labor. 8. At this time the City Council held a continuation of the public hearing on the recommendation of the Building Construction Board-of Appeals recommending that the City Council adopt the 1964 Edition of the Uniform Building Code and the 1964 Uniform Plumbing Code. On motion of Councilman Miller, seconded by Councilman Graves, the following ordinance was introduced. Ordinance No. 294, an ordinance adopting the 1964 Uniform Building Code and 1964 Uniform Plumbing Code with amendments. Introduced and passed to print on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret Mr -Neil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 9. At this time the City Council held a public hearing on the recommendation of the City Planning Commission to rezone from R -2 to R -3 that property on Montalban and Lemon Streets. (Acme Lalande property) Mayor Davidson declared the public hearing open. Mayor Davidson declared the public hearing closed. On motion of Councilman Graves, seconded by Councilman Miller, the following ordinance was introduced. _Ordinance No. 295, an ordinance rezoning Lalande property from R -2 to R -3. Introduced and passed to print on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel City Council Minutes October 5, 1964 Page -7- NOES: None ABSENT: None 7. At this time the City Council held a continuation of the public hearing on the appeal of the Shell Oil Company to allow a rotating sign at their service station at Marsh and Carmel SLreets. Mayor Davidson declared the public hearing open. Mayor Davidson explained that there had been much confusion in this matter as the Council has not adopted the Committee's recommendation and he suggested 'that the Council allow the sign and then adopt the Comittee's recommendation so that this'would be an end to the matter and then the public would know under what conditions a rotating sign would be allowed. On motion -of Councilman Whelchel, seconded by Mayor Davidson, that the requested sign be allowed to rotate at the Shell Station at Marsh and Carmel Streets. Motion lost on the following roll call vote: AYES: Clay P. Davidson, Clell W. Whelchel NOES: Miss Margaret '.McNeil, R. L. Graves, Jr., Donald Q. Miller ABSENT: None On motion of Councilman Graves, seconded by Councilman Whelchel, that a resolution be prepared adopting the recommendations of the Council Sign 1 Committee: (see August 3, 1964 minutes, page 3) as Council policy. On motion of Councilman Graves, seconded by Councilman Whelchel, the following resolution was introduced. Resolution No. 1340, a resolution adopting the policy for rotating signs requiring use permits. Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R.L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None On motion of Councilman Miller, seconded by Councilman Whelchel, that the exception be granted and allow the Shell Sign at the corner of Marsh and Carmel Streets. Motion carried on the following roll call vote: AYES: Clay P. Davidson, Donald Q. Miller, Clell W. Whelchel NOES: Miss Margaret McNeil, R. L. Graves, Jr. ABSENT: None 13. At this time the City Council Committee (Councilmen Miller and Whelchel) made their report on the study of the installation of certain subdivision improvements using assessment district procedures. The Committee recommended that under certain conditions assessment district procedures would not be detrimental to the City. It was felt that local - type in -tract improvements should not be financed in this manner, but that the use of assessment district procedures should be confined to major sewer and water trunk lines, drainage structures and major streets, etc., where the raw land is not being developed immediately with homes or individual residential lots and where, because of the extensive distances involved, the costs can more properly be charged against the subdivider's subsequent development of the raw land. City Council Minutes October 5, 1964 Page -8- The City Council then discussed the advisability of requiring the agreement with the subdivider and guarantee that any property developed under special assessment procedure would not be allowed to pay any subdivider without the full payment on outstanding bonds. On motion of Councilman Miller, seconded by Councilman Whelchel, that the City Council adopt the recommendation of the Committee and introduced the following resolution. Resolution No. 1341, a resolution of intention to permit bond financing of off -tract improvements. (with the understanding that Mr. Skinner would file a covenant against the land agreeing to pay off any bond before re- subdividing. Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 10. At this time the City Council considered names for appointments to the Human Relations Commission. Councilman Graves nominated Mrs. Arthur Wirshup and he stated she would serve the Commission well. On motion of Mayor Davidson, seconded by Councilman Graves, Mrs. Wirshup was appointed to the Commission and the Council asked the Commission to elect a chairman and proceed with the work of the Commission. Motion carried. 11. At this time the City Council Committee consisting of Councilman Graves and Miller, recommended to the City Council that they consider amending Resolution 1287 (1964 Series), a resolution amending Resolution No. 1135 (1963 Series) regarding policies to implement the setback ordinance and relaxing the requirement for residentially zoned land. The Committee suggested that the Resolution No. 1287, Paragraph 1B (2), be eliminated and that the Paragraph (5) be amended to read, "in the event the property is subsequently subdivided into ten (10) ", instead of "five (5) ". Paragraph C (1) to read, "Major subdivision of ten (10) ", instead of "five (5) ". After some discussion by the Council and Staff to these suggestions, the Mayor suggested that the City Council should review this proposal and hoped that it could be acted upon at some later date, after study by the Council and :staff. It was the common consent of the Council that the City Clerk mail out to the Council and staff a copy of Resolution No. 1287 as it now stands, a copy of the amendments as proposed by the Council Committee and a copy of any comments by the City Staff. Councilman Graves also suggested that the City Council consider recommending to the Planning Commission that any future requests for rezoning on major 1 streets be carefully considered in the light of traffic problems and enhancement of the value of property by the rezoning so that no additional costs will be borne by the City on setback streets due to rezoning of property to higher uses. This matter to be reconsidered at the October 19th Council meeting. 14. At this time the City Council discussed the proposal from the California State Personnel Board forwarding estimate of cost for classification and pay review for the City of San Luis Obispo. Councilman Whelchel asked how could the city's pay plan get to far out of line when it is reviewed each year. City Council Minutes October 5, 1964 Page -9- Administrative Officer Miller explained that it was a policy matter for the Council to decide. He had no objection to the survey if the Council wished to have it made and perhaps the employees might feel that he was getting more of a fair "shake" if the pay plan were reviewed by an independent agency. Mayor Davidson stated he believed the Administrative Officer did a good job on an annual basis with the salary survey and felt the $2,900 could be used by the City. Councilman Miller stated he believed that the City should have this study made in order to update the salary and positions and urged that the Council approve the proposal. On motion of Councilman Miller, seconded by Councilman Graves, the proposal was accepted., Councilman Whelchel and Mayor Davidson voting no. 15A. Communication from the City Attorney forwarding proposed ordinance requiring meters for taxicabs operating in the City of San Luis Obispo. On motion of Mayor Davidson, seconded by Councilman Whelchel, the following ordinance was introduced. Ordinance No. 293, an ordinance requiring meters on taxi cabs. City Attorney Houser made the following statement regarding rates and rate setting: He stated that the two taxi cab companies had, to date, exhibited a complete inability to agree on anything, including the request made by the Taxi Committee shortly after the franchise was issued to study and recommend new taxi fares. That the two taxi cab companies had already occupied several days of the Superior Court's calendar on the question of whether a temporary injunction should be issued against the Yellow Cab Company. That the problem presented by the complaint involved whether A & M Taxi Cab Company was charging the correct rates and that at the court hearings, the judge and both attorneys acknowledge an inability to understand the City's complicated zone rate provisions. That many charges and counter - charges had been received by the City personnel from both taxi companies and that it would certainly require at least several full days of hearings to give both sides an opportunity to present their evidence and cross - examine the other company's witnesses and that the Taxi Committee felt that the City should adopt the proposed ordinance requiring meters and establish meter rates for the dual purpose of clarifying the rates to be charged and policing the charges actually made. Ordinance No. 293 introduced and passed to print on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., W.ss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 15B. Communication from Robert D. Wendt, Attorney for the Yellow Cab Company, protesting the installation of meters in the taxicabs and demanding a hearing before the City Council as requested by the Yellow Cab Company on rate cutting by the A & M Cab Company. Robert D. Wendt, Attorney representing Yellow Cab Company stated he believed that if the purpose of the taxi meter ordinance is to prevent rate cutting, it can only fail in the end and will impose another financial obligation on the two competing firms which can ill afford this added expense. To illustrate, it will be a simple matter for a driver to use the meter in a manner that will allow a lower rate than required by the City Council. This is accomplished by not changing the position of the flag until after the fare has started toward destination, or putting the flag in a position that meters a lower fare. Thus, the City Council will provide further opportunity for the unlawful City Council Minutes October 5, 1964 Page -10- of rate cutting. He stated that if the Council feels that the installation of meters will stop rate cutting they are wrong, because these meters can be jimmied or not used at all. But, if the meters are used properly then they can protect the citizens of the City. Mayor Davidson stated he agreed with the Committee's recommendation and hoped the Council would approve the requirements of placing meters in the cabs of the City. Mr. Axman of the A & M Cab Company, stated that he was in favor of the meters and hoped the City would adopt the requirement and was also pleased that-it would be under the control of the State Division of Weights and Measures. Councilman Miller reminded the City Council that he was one Councilman who voted against granting the franchise to the A & M Cab Company as he believed that one cab company was all that a small town should allow. He also asked if the books of both cab companies had been checked to see if there was any violation to the Municipal Code. City Attorney Houser explained that the Committee could not effectively examine the books or witnesses without going into a full scale hearing and that the Taxi Committee felt that if the ordinance was passed, additional protection would be given to the public pending the outcome of the lawsuit between the two companies. Mr. Wendt again appeared before the Council demanding that the City Council hold a hearing on the complaint of Jack Hathway that A Sc M Cab Company was charging a rate less than that approved by the City Council. He stated that it was the duty of the City Council to hold hearings on the complaint of a citizen and that they must take action and hold a hearing. He also stated that the present court trial has no bearing on the matter of rate cutting. Mr. Wendt stated that he could not understand why the Council was afraid to hold the hearing as requested by the Yellow Cab Company charging rate cutting by the competition. He continued that if the Council does not hear this complaint then the only action is that Yellow Cab Company must also cut rates to stay in business. City Attorney Houser stated that he felt the complaint by the Yellow Cab Company was not for the purpose of correcting any violations of the Code but was for the purpose of eliminating any competition by termination of the A & M franchise. That the City staff was aware of violations by both companies which, if proved, would give the Council the right to cancel both taxi cab franchises. That the Council could hold a full scale hearing on all charges that have been made or could hold the hearing after the pending civil action between the companies is resolved. On motion of Mayor Davidson, seconded by Councilman Graves, that the hearing be held at the second Council meeting after the court case is resolved. Motion carried, Councilman Miller voting no. 16. Report by the City Attorney on the cost of condemning the property at the corner of Chorro and Monterey Streets, was ordered received and filed. 17. Communication from David F. Romero, City Engineer, forwarding a proposal from Traffic Appliance Corporation, manufacturers of Duncan Miller meters, to supply the City with 170 meters at the same price as the last bid and that payment may be deferred until 30 days after the close of the present fiscal year. City Attorney Houser stated that no legal problems are here as far as deferred payment is concerned. City Council Minutes October 5, 1964 Page -11- On motion of Councilman Graves, seconded by Councilwoman McNeil, that the proposal be accepted, including ten (10) spare meters. Motion carried. 18. Petition for the construction of water and sewer improvements by special assessment in the South Higuera Street area, was received from Standard Oil, making the petition for the district over the required 60%. City Engineer Romero suggested that his department do the job as most of the work has been completed and that it was a clean cut job and could be completed by his staff. Administrative Officer Miller recommended that the City get a proposal from George Pearson to do the work in order to free Mr. Romero's crew for work the Council might want done as the district pays for all engineering and legal fees. Councilman Miller agreed that a consultant should be retained. On motion of Councilman Miller, seconded by Councilman Whelchel, that an engineering proposal be obtained and that the bond attorneys be authorized to proceed. Motion carried. 19. Communication from Soules', 246 South Higuera Street, for connection to the sanitary sewer system prior to the establishment of the sewer and water assessment district for South Higuera Street. City Attorney Houser stated that-h6 understood that this sewer connection for a portion of a larger parcel was the same portion that was refused a small subdivision application and that he felt the City should made certain that it was not encouraging an illegal subdivision.by permitting partial sewer service. On motion of Councilman Whelchel, seconded by Mayor Davidson, that the matter be held over until the district is formed. Motion carried. 20. At this time Peter Chapman, Planning Director, reported on recommended 1964 -65 street tree planting program. Mr. Chapman stated that the Tree Committee recommended that street trees be planted on the following streets: Marsh Street from Broad to Osos St., Osos Street from Palm to Marsh Street and Monterey Street from Chorro to Santa Rosa Street. Mayor Davidson suggested that the money budgeted for trees would be best used in the development of the Mission Plaza area so as to proceed with the plan as rapidly as possible. Councilman Miller stated he hated to see tree planting money used some where else. Mayor Davidson stated that the City must go ahead as rapidly as possible on the Mission Plaza Plan before the City loses the whole project. On motion of Councilman Miller, seconded by Councilwoman McNeil, that the City proceed with tree planting program and call for bids for trees and installation of same. Mayor Davidson objected and stated he was afraid that this proposal could jeopardize the Mission Plaza Project as we need all the money we can get to go ahead with the Mission Plaza Plan. Motion carried, Councilman Whelchel and Mayor Davidson voting no. 21. Communication from Democratic party organization requesting permission to block off Osos Street between Monterey and Palm for Senator Salinger's appearance on October 14, 1964, and a parade from the Madonna Inn to Osos St. On motion of Councilman Graves, seconded by Mayor Davidson, the request was granted. City Council Minutes October 5, 1964 Page -12- 22. Authorization was requested to call for bids for replacement of motor vehicles approved in the 1964 -65 Budget. On motion of Councilman Graves, seconded by Councilman Miller, the request was approved. 23. Communication from Mrs. Oscar Dodds, President of Pacheco School PTA, requesting that the City Council consider the installation of sidewalk on the westerly side of Grand Avenue. On motion of Councilman Miller, seconded by Councilwoman McNeil, the request was referred to the City Engineer to prepare a study and recommendation for the City Council. Motion carried. 24. Resolution of the City of Port Hueneme opposing the adoption of Proposition 14. On motion of Mayor Davidson, seconded by Councilman Miller, the following resolution was introduced. Resolution No. 1337, a resolution opposing adoption of Proposition 14 by the City of San Luis Obispo. Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 1 25. Communication from Milton E. Willeford, CPA, forwarding proposal for the City Council's consideration to act as Independent Auditor for the fiscal year 1964 -65. On motion of Councilman Whelchel, seconded by Councilman.Miller, the proposal was accepted. Notion carried. 26. Communication from the Veterans of World War I requesting permission to hold their annual Children's Christmas Show on December 19, 1964. On motion of Councilman Whelchel, seconded by Councilman Miller, the request was approved. 27. D. F. Romero, City Engineer, requested authorization to call for bids for the widening of Foothill Boulevard from La.Entrada to Tassajara on the south side. Plans and specifications approved and authorization was given to call for bids on motion of Councilman Miller, seconded by Councilwoman McNeil. Notion carried. Cost estimate - $6,000.00. 28. Report of the City Engineer regarding installation of sidewalk on Foothill Boulevard between California Boulevard and Crandall Way, both sides of Crandall and Foothill Boulevard and California Boulevard between Foothill Boulevard and the City limits. On motion of Councilman Miller, seconded by Councilwoman McNeil, the City Engineer was instructed to proceed. Motion carried. 29. Report of the City Engineer on installation of sidewalk on Branch Street between Story and South Broad Street. D. F. Romero, City Engineer, reported on the existing sidewalks within the area, recommending 10' width in commercial areas, 6' integral or 4' detached across residential properties on the north side, and 4' detached across residential properties on the south side. City Council Minutes October 5, 1964 Page -13- On motion of Councilman Miller, seconded by Councilman Graves, that the City Engineer proceed as follows: 6 feet sidewalk be installed on the north side of Branch - 10 feet sidewalk be installed on the south side of Branch and 4 feet detached sidewalk be installed on the south side of.Branch residential. Motion carried. 30A. Communication from Kauthson -Helms Company requesting acceptance by the City Council of Tract No. 317, Ann Arbor Estates, and release of the Construction Bonds, was held over in accordance with Council policy. 30B. Communication from Knuthson -Helms Company requesting that they be allowed to delay bank planting until the homes are constructed and also request the planting of one tree per lot and 2 trees on corners due to the nature of the hillside subdivision. D. F. Romero, City Engineer, pointed out that the slope planting was required to protect the banks from erosion and that it should be completed prior to winter rains or the contractor should be asked to clean up all mud slides which would occur during this winter. He explained that the ordinance calls for an average of two trees per lot and that the subdivider could meet this by crowding somewhat on the lots with narrow frontages. On motion of Councilman Miller, seconded by Councilwoman McNeil, that two trees per lot be planted as per Tree Ordinance installation deferred aaUl buildings are built subject to bond or cash deposit being filed guaranteeing the tree planting, but that all banks be planted immediately. Motion carried. ' 31. Communication from the Southern Pacific Company regarding leasing by the City of certain portions of railroad rights -of -way for beautification purposes, was held over. 32. Richard D. Miller, Administrative Officer, announced the appointment of Cheryl J. Munson as Typist -Clerk in the City Clerk's Office, effective October 5, 1964, Step 1 at $325 per month, on a one year's probationary period. 33. Communication from the Fair Play Council thanking the City Council for the use of the City Hall Council Chambers on September 11, 1964 for public meeting with Senator Sturgeon and Councilman Donald Q. Miller, was ordered received and filed. 34. Communication from the City Attorney to Martin Polin regarding the Sizzler parcel street widening, was ordered received and filed. 35. Bulletin from the League of California Cities regarding utility underground distribution systems, was ordered received and filed. 36. Communication from L. A. Balatti, Manager of Pacific Telephone & Telegraph Company, thanking the City Council for the use of the Library parking lot for their "Telephone Company Open House" on September 16, 17 and 18, 1964, was ordered received and filed. On motion of Ma y or Dav idson, seconded by Councilman-Miller, the meeting adjourned. Approved: November 2, 1964 �. H. FI TRICK, CITY CLERK