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HomeMy WebLinkAbout09/06/19601 W 1 1 ego E l.1 SPECIAL CALLED COUNCIL MEETING September 6, 1960 - -- 5:00 P. M. BANQUET ROOM - ANDERSON HOTEL The City Council met in Special Called Session with Mayor Fred M. Waters presiding,.and the meeting actually beginning at 6:15 P.M. ROLL CALL: Present - Donald Q. Miller, Gerald W. Shipsey, J..Barry Smith, Fred M. Waters. Absent - Kenneth W. Jones. CITY STAFF PRESENT: Planning Director Abraham, City Clerk Fitzpatrick, City Attorney Houser, Administrative Officer Miller, City Engineer Romero, Consulting Engineer Harry Jenks, Chemical Engineer W. J. O'Connell. Administrative Officer Miller reported to the City Council on a hearing to be held before the State Water Pollution Control Board on September 23, 1960 regarding the establishment of standards for the enlargement of the City sewer plant. Mr. Miller reported on a meeting held with members of the Water Pollution Control Board staff relative to the standards. City Attorney Houser reported to the City Council on a meeting with staff members of the Water Pollution Control Board and tentative standards presented by Mr. Walsh, the executive officer of the board; further, that a pre- hearing to the September 23rd meeting will be.held among representatives of the Water Pollution Control Board and City in order that the staff members of the board can hear the City's position on the enlargement of the sewer plant. Administrative Officer Miller also urged the City Council to retain Mr. W. J. O'Connell on a consultant basis as he has had a great deal of experience in these matters. Councilman Jones arrived at 6:25 P.M. City Attorney Houser also briefed the City Council on problems presently existing on the sewer farm, particularly on the methods used by the lessee, Sam Stiefel, in allowing effluent to escape into the creek and the possibility of contamination of creek water. Mayor Waters stated that he sees the problem as two -fold: 1. The present improper operation of the sewer farm effluent and, 2. Standards for further development and design requirements for enlargement of the sewer plant. The Mayor suggested that the City Council could possibly consider the taking over of the operation of'the sewer farm to make maximum use of the land available and proper control of effluent: City Engineer Romero explained to the City Council the violations of the operation.of the sewer farm-by Mr. Stiefel. The City Council discussed the violations by the lessee and also conditions of the present lease with the lessee. x'2'7 Mr. O'Connell discussed with the City Council the technicalities of operating a farm for permanent pasture and recommended negotiating with the lessee to operate the.farm efficiently and not allow effluent from the sewer plant to get into the creek without first being ponded on the property; furtner, he stated that if the City Could not get the lessee to do this, then they should take over the operation so it meets with the standards set by the State agencies to avoid extremely harsh requirements on future enlargements at the sewer plant. He further suggested that the City Council have some of the Cal Poly staff members study the sewer farm area and recommend to the City Council the water carrying capacities of the land at the sewer farm. He also recommended that 'ii 428 SER. 6 1960 the City not cancel the lease with Stiefel until after the Water Pollution Control Board hearings if the.City Council were thinking of cancelling the lease. Administrative Officer Miller reported to the City Council that additional meetings will be held with the Water Pollution Control Board staff prior to the official hearing of September 23, 1960 in order to crystallize the thinking of both the City and the Water Pollution Control Board. Mr. Jenks reported to the City Council relative to his. impressions of the meeting with Mr. Walsh of the Water Pollution Control Board and further, his recommendations on-his appearance at the September 23rd meeting. Mr. Jenfrs explained various problems involved in ponding of the effluent and suggested solutions to the problem could be elimination of-the ponding and a higher degree of processing of the effluent before its disposal on the land, which would reduce the necessity of the City purchasing additional land for sewer farm purposes. Councilman Smith questioned the advisability of the various City Staff members and City Council members attending study sessions with State agencies and others in making decisions for the City for the rest of the City Council to approve without at least notifying all City Council members of the existence of such a meeting in plenty of time to allow them to attend. After some discussion, the meeting was adjourned at 7:25 P.M. on motion of Donald Q. Miller, seconded by Gerald W. Shipsey. Approved this 19th day.of September,- 1960. � / NR JP - CITY COUNCIL MEETING September 6, 1960 - -- 7:30 P. M. CITY HALL. The City Council met in Regular Session with Mayor Fred M. Waters presiding. ROLL CALL: Present - Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M..Waters. Absent - None. CITY STAFF PRESENT: Planning Director Abraham, City Clerk Fitzpatrick, Park & Recreation Superintendent Flory, City Attorney Houser, Administrative Officer Miller, City Engineer Romero, Fire. Chief Schlobohm, Police Chief Schofield, Water Superintendent Thompson. Minutes for the Regular Meeting of August 15, 1960, Adjourned Meeting of August 23, 1960, and Special Meeting of August 29, 1960, were approved as presented on motion of Donald Q. Miller, seconded by Kenneth W. Jones. Claims agains the City for the month of September, 1960, were approved on motion of Kenneth W. Jones, seconded by Gerald W. Shipsey, subject to the approval of the Administrative Officer. 1 1 J 5EP .b ]1bJ i. City Clerk Fitzpatrick made the following- report on bids received and opened.for construction of French Road Culvert Extension, Engineer's. estimate $7,128.25: 1. MADONNA CONSTRUCTION COMPANY San Luis Obispo, California $ 8,303.00 2. TED WATKINS San Luis Obispo, California $ 81348.00 3. HIWAY CONTRACTORS Santa Maria, California $ 91091.27 ' 4. GENERAL.ENGINEERING & CONST..CO. San Luis Obispo, California $ 8,716.00 5. P. J. ZUIDERWEG San Luis Obispo, California $ 10,348.50 Administrative Officer Miller recommended that the low bid of Madonna -e Construction Company be accepted. rte, On motion of Donald Q. Miller, seconded by Kenneth W. Jones, the contract was awarded to the low bidder, Madonna Construction Company. �C "J 2. City Clerk Fitzpatrick reported only one bid received and opened for purchase of a comminuting and screening machine for the City sewer plant in the amount of $4,880.00 from the T. H. Creears Corporation, Los Angeles, California. McBRIDES - Cal Poly Sewage Flow Meter , .Estimate No. 2-------------- --- --- ----------- ----- -- -- -- $1,540.80 MADONNA CONSTRUCTION COMPANY.- Street Improvement Project No. 39 Estimate No. 1---------- ----------- --------- -- --- - - - --- $5,126.48 MADONNA CONSTRUCTION COMPANY -Street .Improvement Project. No. 40 Estimate No. 1------- ----------------- :--- -- ------ -- - - - - -- $3,011.58 City Engineer Romero explained for the Council the contents of the change order on Project 39, Madonna Construction Company,.Laurel Lane Street Improvement, Southwood to Johnson Avenue. Mr..Romero explained that this change order consisted of street improvement in the area deeded to the City by the Mc Keens after the original contract was let to bid. The total change order would be $4,151.50. ' Councilman Jones asked.the -City Attorney if the City Council could approve a change order over $2000.without the necessity of going through the bid procedure. , City Attorney Houser explained that this could be done legally -as a change order, as the same unit prices of the low bid are used and the quantities are merely extended. Furthermore, the amount involved did.not exceed 25% of the total contract. On motion of Donald Q. Miller, seconded by Gerald W. Shipsey, the City Council approved change order No.l on project 39 in the amount of $4,151.50 subject to fina'. approval by the State of California. M6tion carried. 429. Administrative Officer Miller recommended that the bid of T. H. jCreears Corp. be accepted. On motion of Gerald W. Shipsey, seconded by Kenneth W. Jones, the contract was awarded to T. H. Creears Corporation. 3. On motion of Kenneth W. Jones, seconded by Donald Q. Miller, the following contract payments were.approved: A -1 ELECTRIC COMPANY - Higuera /Santa Rosa Traffic Signals Estimate No. 2----------------=--------- --- ------ - - - - -- $ 525.42 A -1 ELECTRIC COMPANY - Higuera /Santa Rosa Traffic Signals Estimate No. 3( final) ---------------------------- - - - - -- $ 389.20 McBRIDES - Cal Poly Sewage Flow Meter , .Estimate No. 2-------------- --- --- ----------- ----- -- -- -- $1,540.80 MADONNA CONSTRUCTION COMPANY.- Street Improvement Project No. 39 Estimate No. 1---------- ----------- --------- -- --- - - - --- $5,126.48 MADONNA CONSTRUCTION COMPANY -Street .Improvement Project. No. 40 Estimate No. 1------- ----------------- :--- -- ------ -- - - - - -- $3,011.58 City Engineer Romero explained for the Council the contents of the change order on Project 39, Madonna Construction Company,.Laurel Lane Street Improvement, Southwood to Johnson Avenue. Mr..Romero explained that this change order consisted of street improvement in the area deeded to the City by the Mc Keens after the original contract was let to bid. The total change order would be $4,151.50. ' Councilman Jones asked.the -City Attorney if the City Council could approve a change order over $2000.without the necessity of going through the bid procedure. , City Attorney Houser explained that this could be done legally -as a change order, as the same unit prices of the low bid are used and the quantities are merely extended. Furthermore, the amount involved did.not exceed 25% of the total contract. On motion of Donald Q. Miller, seconded by Gerald W. Shipsey, the City Council approved change order No.l on project 39 in the amount of $4,151.50 subject to fina'. approval by the State of California. M6tion carried. 429. +� SEP 6 1960 I At this time Councilman Miller asked the City Council what could be done to have the contractor Guido - Ferini complete the Grand Avenue Street reconstruction project which appears to be stopped with no work having been done to complete it for some time. City Engineer Romero reported on the status of the Grand Avenue project stating it is beyond the time limit but that there have been some extenuating circumstances and that he would try to get the job completed as rapidly as possible. Councilman Miller asked that the City attempt to get the job completed before the start of the Cal Poly school year. ' Councilman Smith suggested that the City-look into a hazardous development in the construction of the Grand Avenue street widening in a divider strip on Grand Avenue opposite Garfield Street. Councilman Smith stated that this is an extremely dangerous condition constructed by the City at.this point. The City Council requested that the Traffic Committee look into this condition as reported by Councilman Smith and report to the City Council. Administrative Officer Miller was instructed to look into the delay on completion of the Grand Avenue reconstruction. 4. City Engineer Romero presented an outline of work to be done on the street widening in front.-.6f the County Hospital on Johnson Avenue and requested authority to 'advertise for bids for the street widening. On motion of Gerald W. Shipsey, seconded by J. Barry Smith, the City Engineer was authorized to advertise for bids on the Johnson Avenue street widening, Phase R. 5. City Engineer Romero presented plans and specifications for construction of Parking Lot #5 at the rear of the Police and Fire Stations, and Mr. Romero explained that the drainage will be handled by diverting it into an abandoned well under the Police Station. On motion of J. Barry Smith, seconded by Gerald W. Shipsey, the City Engineer was authorized to advertise for bids for construction of Parking Lot #5. 6. On motion of Donald Q. Miller, seconded by Gerald W. Shipsey, the City accepted the deed from William H. & Rose Mc Keen and the agreement for street widening and authorized Mayor Waters to sign the agreement and record the deed. 7. On motion of Gerald W. Shipsey, seconded by Donald.Q. Miller, the City accepted:the deed from Johnson-Highlands, Inc. to the City for street widening on Johnson Avenue, and the agreement for street widening, and authorized Mayor Waters to sign the agreement and record the deed. 8. ORDINANCE NO. 169 (1960 Series), "An Ordinance Levying a Tax for the Current Fiscal Year - 1960 -61 upon all Taxable Property Within the City of San Luis Obispo and Fixing the Rate of Such Tax "; was finally.passed on motion of Gerald W. Shipsey, seconded by J. Barry Smith, on the following roll call vote: AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M.-Waters. NOES: None ABSENT: None 9. ORDINANCE NO. 170 (1960 Series), "An Ordinance Authorizing Execution of ' Lease of Recreation Building to San Luis Obispo School District ", was finally passed on motion of J. Barry Smith, seconded by Kenneth W. Jones, on the following roll call vote: AYES: Kenneth W. Jones, Gerald- ..W.Shipsey, J. Barry Smith, Fred M. Waters. NOES: Donald Q. Miller ABSENT: None City Clerk Fitzpatrick presented a report from the - school board architects, Falk and Booth, reporting on the safety-of the Recreation Building for school purposes. 4 10. A) RESOLUTION N0. 693 (1960 Series),• "A Resolution Increasing the 1960 -61 Budget ", adding account number 211.32 Southwood Inspection Fees No. 2 was passed and adopted on motion of Donald Q. Miller, seconded by Gerald W. Shipsey, on the following roll call vote: AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters. NOES: None ABSENT: None B) RESOLUTION NO. 694 (1960 Series), "A Resolution Increasing the 1960 -61 Budget ", adding to.: account number 211.29 Carter Inspection Fees, was passed and adopted on motion of Gerald W. Shipsey, seconded by Donald Q. Miller,•on the following roll call vote: AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters. NOES: None ABSENT: None 11. At this time the City Council held a Public Hearing as advertised on Resolution No. 682 (1960 Series), "A Resolution Giving Notice of Proposed :.; Annexation to City of San Luis Obispo of Uninhabited Territory Described Herein and Designated 'Elks Club Annexation' and Giving Notice of Time Q and Place for Hearing of Protests Thereto ". Mayor Waters opened the hearing. The City Council discussed the annexation of the area lying between the City limits and the Elks Club Annexation, stating they believed the City should-attempt to annex these 2 or 3 parcels to the City to avoid future islands of County property. City Attorney'Houser explained to the City Council the legal steps to date and what steps would be necessary to enlarge the proposed Elks Club Annexation area. On motion of Kenneth W.-Jones; Seconded by J. Barry Smith, the Public Hearing on the Elks Club Annexation was held over to September 19, 1960, and the City Attorney was instructed to contact the adjacent owners to see if they wish to annex at this time. 12. The City Council held a Public Hearing as advertised on Resolution No. 683 (1960 Series), "A Resolution Giving Notice of--Proposed Annexation to City of San Luis - Obispo of Uninhabited Territory Described Herein and Designated "Perozii Annexation' and Giving Notice of Time and Place for Hearing of Protests Thereto ". .• Mayor Waters opened the hearing. On questioning by the City Council, Water Superintendent Thompson stated that the City Water Department could furnish DOMESTIC water service to the proposed area below elevation•460 feet, and-that be believes the proposed development of this annexation is below 460 feet. There being no further comments, Mayor Waters closed the hearing, and the following Ordinance was introduced to print: ORDINANCE NO. 171 (1960"Series), "An Ordinance Approving the Annexation of Certain Uninhabited Territory, Designated 'Perozzi Annexation' to the ' City of San Luis Obispo, California," was passed to print on motion of Gerald W. Shipsey, seconded by Donald Q. Miller, on the following roll call v ote : AYES: Kenneth W. Jones, Donald Q. Miller; Gerald W. Shipsey, J. Barry Smith, Fred M. Waters.' NOES: None ABSENT: None Administrative Officer Miller asked the City Council if they could hold a special meeting to expedite the completion of the annexation so the subdivider could proceed that much sooner with compliance to City regu- lations. i 43L 13. on motion of J. Barry Smith, seconded by Gerald W. Shipsey, Traffic Committee report No:.60 -8 -2C was dropped from the.agenda.. 14. A petition from residents in the Goldtree area was presented, asking for the placement of street lights. Administrative officer Miller reported to the City Council the background in having the property owners petition the City Council for the type of street lights they would desire, whether lights to be placed on steel poles with each property owner contributing a share, or placing lights on wooden poles at no expense to the property owner. After some discussion, it was moved by Donald Q. Miller, seconded by Gerald W. Shipsey,..that..the City Engineer be authorized.to have Pacific Gas & Electric Company submit a proposal for installation of street lights in the.area.as requested. 15. Communication from Police Chief Schofield requesting transfer within his capital outlay budget to purchase an electric mimeograph machine in lieu of the manually operated machine approved in the budget. Request approved on motion of J. Barry Smith, seconded.by.Donald Q. Miller. 15. A) Administrative Officer Miller presented a.reguest.from Fire Chief Lee M. Schlobohm to purchase a tebuilt air compressor for refilling compressed air tanks used with emergency breathing apparatus at the cost of $146. Administrative Officer Miller recommended that this compressor be purchased. On motion of Kenneth W. Jonas, seconded by J. Barry Smith, the recommendation was accepted and the City authorized to purchase the air compressor. 16. Communication from J. J. Donovan and Don 0. Good requesting connection to the City sewer system of the Silver City Trailer Park; located on old Highway 101 south of the City limits.- Mayor Waters ecplained the City policy which states that no utility hook -upe would be made by the City to any areas outside the City limits. J. J. Donovan appeared before the City Council disagreeing with the City policy stating that they would be willing to pay whatever a City resident would pay in order to hook up to the City sewer system. On the suggestion that they annex to the City, Mr. Good stated that they had attempted to cort act the owners between their,.property and the City limits and found that while they all agreed that the.property would be in the City someday, that they did not wish to annex at this time. The matter was referred to the City Attorney to see if the Silver City Trailer Park property could be annexed to the City at the same time he was investigating enlarging the Elks Club Annexation. 17. Communication from Dorothy Babcock, 1248 Laurel lane questioning street widening policy relative to installation of sidewalk where they are rqquired to place sidewalk at their own expense while an adjacent property owner is having sidewalk installed at City expense. Mayor Waters explained the City Council decision and reasoning for granting sidewalk; curb and gutter to the Johnston property on Laurel Lane as this was the last property on the block and a State approved project was being held up by the State for street improvement until the City had acquired the full street width. Mr. and Mrs. Babcock appeared before theCity Council stating that they had given their property in order to help the City widen the streets and that they believed they should receive the same consideration as other property owners when they give property for street widening. The City Council discussed plan line policy in light of the various situations that have developed since the original policy was announced: By common consent of the City Council,.it was decided to restudy the plan line policy regarding the installation of sidewalk, curb, and gutter. The matter was held over. �1 1 1 18. Administrative Officer Miller presented a letter from Dr. Loutfallah of Santa.Barbara requesting additional sick leave for-Mr. Seth G. Kinney to September 30, 1960. Mr. Miller recommended to the City.Council that the additional sick leave be authorized. On motion of J. Barry Smith, seconded by Donald Q. Miller, the sick leave was authorized. 19. Administrative Officer Miller announced to the City Council that a hearing will be held before the State Water Pollution Control Board on September 23, 1960 in Pismo Beach to establish standards for enlarging ' the City sewer plant. Mr. Miller further asked that in order to make a strong appearance before the Waten Pollution Control Board and to work with Mr. Jenks, the City consultant, on the presentation for the City, he asked that the City retain W. J. O'Connell, chemical engineer, as a consultant at a fee of $180 per day for each appearance plus transportation, and $140 per day for preparation in his office. Mr. Miller stated that Mr. O'Connell would only be here for the regular hearing before the Water Pollution Control Board and not for the preliminary study hearings with the staff. y mCity Attorney Houser stated that he believed that Mr. O'Connell would only < be required for the present hearings for a maximum of 3 to 4 days. On motion of J. Barry Smith, seconded by Kenneth W. Jones, the City was authorized to retain Mr. O'Connell at the rate stated for.the period necessary for the September 23, 1960 hearings, but not to exceed 5 days without further Council consent. 20. Communication from Laguna Lake Committee relative to the pmliminary Master Plan prepared by Fred L. Hector, was received and filed. 21. Audit report of City Water Department as of June 30, 1960, was received and filed. I 22. Minutes of the City Planning Commission meeting of August 18, 1960, were received and filed. 23. Progress Report No. 10 on the General Plan for the City of San Luis Obispo prepared by Hahn, Wise & Barber, Inc. was received and filed. 24. Communication from Department of Water Resources notifying the City Council that the operating agreement for the Whale Rock Dam is being completed by their legal staff and will be forwarded as soon as completed, was received and filed. 25. Communication from the Veterans of Foreign Wars regarding rules for flag display on the City streets, was received and filed. 26. Communication from the San Luis Obispo City Firemen's Association requesting permission to hold a dance on September 17, 1960 at,the Veterans Memorial. Building, was approved by common consent of the City Council. 27. .Communication from the residents of Princeton Place for permission to block off the cul -de -sac at the extreme end of Princeton Place for the Second Annual Block Barbecue on September 24, 1960 from 4:00 to 7:00 P.M. was referred to Police Chief Schofield for action. 28. Administrative Officer Miller reported to the City Council the existance ' of a brick yard at the west end of Lawrence Drive. Mr. Miller reported that this was apparently a temporary situation as they were.cleaning - the bricks from the destruction of the Elks Club Building and shipping them out of town. Mr. Miller reported that there was a lack of controls established in the zoning ordinance regarding dumping of building material. Planning Director Abraham stated that with City Council approval he would recommend that the operation be continued until all brick presently dumped could be shipped out, but that no additional bricks be brought into the area and that the area be completely cleaned when the last of the bricks were removed.