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HomeMy WebLinkAbout07/03/1961On motion of Councilman Miller, seconded by Councilwoman McNeil, the meeting ad- journed at 10:30 P. M. Approved this ` day of July, 1961. CITY COUNCIL MEETING July 3, 1961 - -- 7:30 P. M. CITY HALL Invocation was given by Reverend Klandrud of the Mount Carmel Lutheran Church. ROLL CALL: Present - R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson. Absent - Miss Margaret M. McNeil. _ CITY STAFF PRESENT: Administrative Officer Miller, Planning and Building Director Abraham, City Attorney Houser, City Engineer Romero, Police Chief Schofield, Water Superintendent Thompson, Battalion Chief Wainscott, City Clerk Fitz- patrick. 1. Mr. Miller Administrative Officer, announced the appointment of Thomas A. ' Rogers as laborer equipment operator in the Street Department effective July 1, 1961 at $340 per month. 2. Mr. Miller, Administrative Officer, announced the appointment of the follow- ing as laborer equipment operators in the Street Department for the summer of 1961 only, starting June 26, 1961, at $330 per month: William T. Black Richard C. Leguina 3. Mr. Miller, Administrative Officer, announced the appointment of Lou Ann Smith as typist -clerk in the Fire Department at $275 per month. 4. Administrative Officer Miller announced the following appointments and pro- motions effective July 1, 1961 in the Police Department: Sgt. William S. Bishop, promotion to Lieutenant, with recommendation that he start at 4th step of $592 per month and be considered for 5th step im,one year. Police Officer James S. Norton, promotion to Sergeant, with recommenda- tion that he start at 4th step of $530 per month and be considered for 5th step in one year. Appointment of Forrest L. Snodgrass as Police Officer at starting ' step of $402 per month. On motion of Councilman Graves, seconded by Councilman Shipsey, the pzo- motions and salary steps were approved. 5. Mr. Miller, Administrative Officer, presented the 1961'_62 Budget as revised by the City Council during budget sessions held during the month of June, 1961. On motion of Councilman Shipsey, seconded by Councilman Graves, the final adoption of the budget was set for eight P. M. July 17, 1961, and the City Clerk was authorized to advertize the notice of final adoption of the budget. Mayor Davidson made the following statement regarding the 1961 -62 Budget, "With the adoption of this Budget your Council has embarked on a program which is not of their choosing but is what we believe is the best solution considering the problems we face. . "I would like to call to the attention of each department head the fact that"all services have been maintained to the public and in no case has personal hardship to any city employee been the result. "This council is very interested in maintaining top personnel and call on you to operate your individual departments in the most economical way 1 possible. We realize you are somewhat handicapped by restrictions on any added personnel but feel we must operate within our means until the Whale Rock overcosts have been retired. This will require the utmost in co- operation from every employee. "We wish to thank each of you for the good job you have done in the past and thank you in advance for accepting the challenges of the 1961 -62 Budget. "We wish to assure you also that it is our intent to review our position in January. At that time we may be able to revise our estimate and proceed in a more normal manner." 6. RESOLUTION N0. 823 (1961 Series), "A Resolution Establishing Classifications, Setting Salary Ranges Therefor, Assigning City Employees Classifications and. Salary Rates Therein, Specifying Methods of Advancement, and Repealing .of Previous Salary Resolution," was passed and adopted on motion of Council- man Graves, seconded by Councilman Shipsey on the following roll call vote: AYES: R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson. NOES: None ABSENT: Miss Margaret M. McNeil. Councilman Miller questioned the salary.ran ge of the senior librarian who was presently in range 22 and he believes it should be in range 24 or 25 due primarily to.the education requirements, etc. 1 Administrative Officer Richard D. Miller said he believed that the senior librarian classification was in the correct range as compared to other cities of similar size, geographic location and characteristics. This classification normally covered duties of head cataloger, reference librarian, and..sometimes, children's librarian. Some cities, particularly somewhat larger ones, have a separate higher position os assistant city librarian. Councilman Miller stated that the City Council should question this matter at.the next budget study session by.the Council including the suggestion that a new position of.assistant librarian be considered. . 7. On motion of Councilman Miller, seconded by Councilman Graves, the following construction payments were ordered approved and ordered paid: Madonna Construction Co. Foothill Blvd. #2 $ 198.00 Culvert Ext. Final - ;3091.`40 (Final-to be paid thirty -five days from this date.) 8. Mr. Romero, City Engineer, presented for the Council's consideration a new parking layout for the City Hall parking lot which would allow fifty spaces in lieu of the present forty -four. Also by re- aligning the spaces and the ramps.in and out of the lot, it would make for better use of the parking lot. 1 Mr. Romero stated the work.would be done by City forces and was being brought up at this time as the contractor who was building the addition to the tele- phone building will be moving out and will be replacing the black -top and landscaping that was removed during the construction of the telephone building. The City Council discussed the proposed layout and also discussed the possibility of planting trees in the parking strip along Mill Street and Osos Street to add a little beauty to the lot. The City Council discussed the possibility.of placing some planting.or landscaping around the Fremont Memorial at the corner of Mill and Osos. After discussion it was moved by Councilman Graves, seconded by Councilman Miller that the plan by Mr. Romero be' adopted, that juniper or other trees be planted along the parking way at Mill and Osos Streets and that one parking place at the corner of Mill and Osos Street be landscaped. 9. Communication from State Compensation Insurance Fund forwarding a check for a dividend on the City's policy for the year ending July 1, 1960 or 46% or $5451.07. Communication received and filed. 10. At this time the City Council held a public hearing on the report.of the superintendent of public streets for the cost of repairs of sidewalks in the City under the provision of the 1911 Improvement Act on the following property: Emma B. Brown, 1241 Beach Street; $35. RESOLUTION NO. 817 (1961 Series), "A Resolution Establishing Liens on Certain Property for Sidewalk Repairs Under the Improvement Act of 1911," was passed and adopted on motion of .Councilman Shipsey, seconded by Council- man Miller, on the following roll call vote: AYES: R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey; Clay P. Davidson. NOES: None ABSENT: Miss Margaret M. McNeil. 11. At this time the City Council considered the final passage of ORDINANCE NO. 190 (1961 Series), "An Ordinance Adopting the Uniform Plumbing Code, 1958 Edition, and Appendix "A ", "B ", and "C" If Amended." On motion of Councilman Graves, seconded by Councilman'Shipsey, that the Ordinance be finally passed, Councilman Miller asked if, under the ordinance as amended, could project owners change swing spouts, faucets, etc. Jean Abraham, Planning Director, stated yes, under the ordinance and code, this was allowed. The ordinance finally passed on the following roll call vote: AYES: R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson. NOES: None ABSENT: Miss Margaret M.; McNeil. 12. At this time the City Council considered appointments and re- appointments of citizens to serve on the Library Board, Park and Recreation Commission, and the Planning Commission. Mayor Davidson recommended that Mrs. S. M. Forden and Mrs. Mel Sebastian be re- appointed for four -year terms on the Library Board. On motion of Councilman Graves, seconded by Councilman Miller, the Mayor's recommendation was accepted and the.two ladies re- appointed for four -year terms. Mayor Davidson reported that Robert Carpenter and Francis Scott were re- signing from the Planning Commission at the end of their terms, June 30, 1961, and that Leonard Lenger's'term also expired June 30, 1961. Mayor Davidson recommended that Leonard Lenger be re- appointed for a four -year term effective July 1, 1961. On motion of Councilman Miller, seconded by Councilman Shipsey, the Mayor's recommendation was accepted and Mr. Lenger was re- appointed for a four -year term. The City Council then discussed methods of approaching citizens to serve on City boards and commissions. Councilman Miller suggested the name of Clifford Chelquest as a candidate for appointment to the Planning Commission. Mayor Davidson suggested the following names for members of the Planning Commission who stated that they would be willing to serve: Clell Whelehel H:,.. ,T. r; Frankl in Emmons Blake 1 After discussion, it was moved by Councilman Miller, seconded by Councilman Graves, that Mr. Blake and Mr. Whelehel be appointed,to.four -year terms on the Planning Commission effective July 1, 1961 and passed on the follow- ing roll call vote: AYES: R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson. NOES: None ABSENT: Miss Margaret M. McNeil. Mr. Houser, City Attorney, suggested that thank -you letters be sent out to all retiring members of the various boards and commissions. Mayor Davidson offered to write letters to each appointee, re- appointee, and retiring members of the various boards and commissions. Mayor Davidson reported to the City Council that Mrs. L. C. Gaebe had re- signed from the Park and Recreation Commission at the end of her term. Further, he recommended that Mr. Robert Mott and Mr. Howard O'Daniels be re- appointed for four -year terms to the Park and recreation Commission effective July 1, 1961. The Mayor suggested the names of Beverley Phillips and Gretchen Dilbeck to be appointed to the Park and Recreation Commission for the vacancy'` created by the resignation of Mrs. Gaebe. There was some discussion by the City Council and the matter was held over to the July 17, 1961 meeting. 13. Communication from the House and Home Finance Agencey notifying the City Council that they have approved an advance amount of $51,000 to cover the cost of the proposed complete planning of sewer plant facilitiesf. 14. M0LU1IQN N0. 824 (1961 Series), "A Resolution Endorsing Program of Highway Improvements Recommended by Highway Committees of San Luis Obispo County Adopted May 24, 1961 and Subsequently Forwarded to the State Highway Commis- sion Through State Chamber of Commerce," was passed and adopted on motion of Councilman Miller, seconded by Councilman Graves, on the following roll ' call vote: AYES: R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson. NOES: Norte ABSENT:. Miss Margaret M.. McNeil. 15. Mr. Houser, City Attorney, presented for the Council's consideration ORDINANCE NO. 194 (1961 Series),. "An Ordinance Amending Portions of Article IV, Chapter I. Part I of the San Luis Obispo Municipal Code." (animal control) After discussion by the City Council, the Ordinance was passed and adopted on motion of:Councilman- Shipsey, seconded by Councilman Graves, on the following roll call vote: AYES: R. L. Graves, Jr., Donald.Q. Miller, Gerald W. Shipsey, Clay P. Davidson. NOES: None ABSENT: Miss Margaret M. McNeil. 16. At the request of City Attorney William Houser, the proposed agreement between the City and school district for joint use of facilities for recreation purposes at the new Laguna School site was held over until agreement could be reached with the District Attorney's Office on the provisions to be included in the agreeement. 17. Second hearing on the request of Ray C. Skinner for acceptance by the City of San Luis Obispo of all improvements on Tracts 169 and 207, Laguna Park ' Homes, and temporary waiver on tree planting requirements until all the homes are completed. Mr. Romero, City. Engineer, stated.that all improvements are in accordance with the final plans of the subdivision. RESOLUTION NO. 819 (1961 Series), "A Resolution.Accepting Public Easements and Off -Site Improvements in Tracts 169 and 207, Laguna Park Homes," was passed and adopted on motion of C6uncilman.Miller,. seconded by Councilman 18 19. Shipsey, on AYES: NOES;i'� ABSENT the following roll ;R. L. Graves, Jr., Clay P. Davidson. N' ne call vote: Donald Q. Miller, Gerald W. Shipsey, Miss Margaret M. McNeil. Second hearing on the request of Nebraska Lands, Inc. for acceptance by the City on all improvements in Tract-209, Southwood Subdivision. Mr. Romero, City Engineer, stated that all improvements have been placed in accordance with plans of the Subdivision and recommends its acceptance by the City. RESOLUTION NO. 818 (1961 Series), "A Resolution Accepting Public Easements and Off -Site Improvements in Tract 208, Southwood Subdivision," was passed and adopted-on-motion of Councilman Shipsey, seconded by Councilman Graves, on the following roll call vote: AYES: R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson. NOES: None ABSENT: Miss Margaret M. McNeil. TRAFFIC COMMITTEE REPORT of June 22, 1961. 61 -7 -1C "The Traffic Committee has looked at the request of Carl Seneker to enlarge the white passenger loading zone on Monterey Street in front his hotel. We feel that this is justified, but we believe that his other suggestion for bunching up the other spaces in that block in order to keep the same number of metered spaces would make'for too crowded a condition. When the parking lot goes in, however, the extra length of sidewalk planned to the east of the present walkway would permit recovery.of the last car space. We therefore recommend that the first parking meter zone east of Morro Street on the south side of Monterey Street be changed to a white passenger loading zone and the parking pattern in that block be left as is." RESOLUTION NO. 820 (1961 Series), "A Resolution Establishing a Passenger ' Loading Zone-on Monterey Street," was passed and adopted -on motion of Councilman Shipsey, seconded by Councilman Miller, on the following roll call vote: AYES: R. L. Gtaves.,Jr., Donald Q.• Miller, Gerald W. Shipsey, Clay P. Davidson. NOES: None ABSENT: Miss Margaret M. McNeil. 61 -7 -2C "At the request of the Council, the committee has studied the letter - request of Udo M. Jante, owner of the E1 Toro Motel at 625 Toro Street for a green time limit zone in fron of his motel office. We feel that he has sufficient space for parking off the street and do not feel that such a green zone would be necessary for his operation. However, we did note a hazardous condition to the north of his motel which we believe should be corrected. The street is quite narrow to the north of the motel and just south of the Toro Street eastbound off -ramp. We recommend that the first 35 feet of curbing south of the off -ramp on the west side of Toro'Street be painted red, thus eliminating all parking." RESOLUTION NO. 821 (1961 Series), "A Resolution Establishing a No- Parking Zone on Toro Street," was passed and adopted on motion of Councilman Miller, seconded by Councilman Shipsey, on the following roll call vote: AYES: R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson. NOES: None ABSENT: Miss Margaret M. McNeil. 61 -7 -3C "We have investigated the request of Lewis Hammitt, 1476 Foothill Boulevard for some type of parking restriction on Foothill east of California but are not convinced that the problem warrants such drastic action. We feel that conditions will improve when curbs and gutters are placed on the south side of Foothill, and in the meantime, it is our understanding that Mr. Romero plans to paint a white line designating the proper parking area." Report accepted. 61 -7 -4T "The Traffic Committee feels that a definite hazard does exist on.the north side of Hathway from the Cal Poly access road east of Kentucky Street and extending in a westerly direction around the turn to a point west of Kentucky where the concrete curbing commences. This is a very narrow stretch of roadway, and it is recommended that signs be posted read- ing, "No Parking Between Signs." RESOLUTION NO. 822 (1961 Series), "A Resolution Establishing a No- Parking Zone on Hathway Street," was passed and adopted on motion of Councilman .Graves, seconded by Councilman Shipsey, on the following roll call vote: AYES: R. L. Graves, Jr., Donald Q. Miller, Gerand W. Shipsey, Clay P. Davidson. NOES: None .ABSENT: Miss Margaret M. McNeil. 61 -7 =6T "We have noticed a rather hazardous condition for pedestrians in the Laurel Lane- Johnson Avenue area. We feel that the following improve- ments would reduce the hazard considerably. Install crosswalk across Johnson south of Laurel. Install island of standard curb height at the midpoint between curbs on Laurel extendin g in a westerly direction from the more easterly of the two crosswalks. We feel that this island would give pedestrians a point half way across Laurel to observe traffic con- ditions and consider their next course of, action." , The City Council discussed the recommendation of the Traffic Committee and Councilman Graves suggested that the crosswalks be placed west of the inter- section since placement of sidewalks at this location would make it easier for pedestrians to cross. Mr. Abraham, Planning Director, spoke in support of the island in the Center of Laurel Lane at Johnson Avenue to channelize traffic at this inter- section. Mr. Schofield suggested that in lieu•of the island that possibly a.doubie yellow line be painted in the center of Laurel Lane as it approaches Johnson Avenue.. --., . ' After discussion it:was moved by Councilman Shipsey, seconded by Councilman Graves, that a crosswalk be installed across Laurel Lane and across Johnson Avenue west of the intersection, and no-safety island be installed but a double yellow line be painted on Laurel Lane. Motion carried. Mayor Davidson-declared a-- recess at..9 :30 P. M. Meeting reconvened with all Councilmen present; Councilwoman McNeil absent. W. Mr. Houser,.City Attorney, presented a proposed•.lease;prepared by the Council Committee of Donald Q. Miller, Gerald W. Shipsey, and William M. Houser for proposed lease of City -owned property-in Lopez Canyon by:the Boy Scouts of America for a training camp. Mr. Houser briefed the conditions for the City. Council. The matter was,held over for a report.of the Boy Scouts of America on the provisions of the lease. 21. The appointment of citizens.to form a citizens' committee to study the City sidewalk problem was held over to the next meeting. 22. Council consideration of plan line policy and amendments•to present plan line ordinance referred to a present Council study meeting on July 6, 1961 at 7:30 P. M. 24. .Mr. Miller, Administrative Officer, explained the reason for requesting estimated costcof sewage and water treatment plant enlargements as Cal Poly desires to know what its share of the enlargements would be so that they can ^present these figures at..preliminary budget sessions starting immediately. Report by E. P. Thompson, Water Superintendent, on proposed new filtration plant to.be constructed by the City--and Cal Poly::• "In,reply:to your request for -some rough estimates regarding:the +:cost of the additional filtration facilities and transmission lines that will be required to treat the domestic water supply for the City of San Luis Obispo and California State Polytechnic College, the following information is submitted: "These estimates must be considered to be on a reconnaissance basis as I have, at this time, very limited preliminary cost data to work with:,: I believe, however, these data provide a starting point for initiating further discussion between the City's.and.State's Engineers to explore various possible: alternates. "Estimated costs were based on recent bid prices for types of construction similar to our existing filter plant adjusted to the Engineering News - Record Construction Cost Index - -800. These costs were further adjusted to reflect the cost of,land acquisition, filtered'water reservoirs, pipe lines and appurtenances. ' "The estimated costs are based on a single treatment facility and appurtenances with a designed capacity of 7.7 million gallons per day (mgd). 2.7 mgd willbe the capacity of the California State Polytechnic College and is based upon the projected domestic demands for the College that were set forth in "Report of Estimated Cost of Whale Rock Project," which,-according to the College's figures, would take care of their needs through 1980. The 5 mgd capacity of the City would provide suffecient treatment facilities. to satisfy -the City's demands to the year,1990, or a population equivalent of about 40,500 people.:: "The cost of building -a 5 mgd capacity plant would be approximately $836,000. The cost of building a 2.7 mgd capacity plant would be approximately $518,000. The cost of building a 7.7 mgd capacity plant would be approximately $1,149,000, of which -the City's share would be $746,000; and the Colleges share would be $403,000. "The construction of a 7.7 mgd capacity treatment facility would, of neces- sity, depend upon the State's ability to appropriate its proportionate share, and upon the City's ability to raise its shake of the costs. In the event the City is unable to raise the required amount, it would.be possible to- build a portion of the City's 5 mgd capacity in the initial construction and so design the facilities that additional City capacity could be added to the plant as the demand required. It, of course, would be more costly to the City to construct its capacity on a piecemeal basis rather-than with the initial development, but would have to be considered if the financial capacity is not sufficient to raise the .necessary amount at this time. "As I have previously explained to the Council, the present facilities are operating in excess of their capacity and it is essential that the necessary financial arrangements be made as soon as possible to relieve this load. Also, it is obvious that the ultimate two separate treatment facilities, property integrated, will provide standby facilities for both of the entities involved, to. enable proper repair and maintenence without completely shutting down the water supply. This, in effect, provides additional standby facili- ties to the College without any additional cost to it. "I believe that arrangements should be made as soon as possible -for.a joint discussion between the State Engineers and the City's Engineers regarding the type, size and cost of the proposed facilities." Report by David F. Romero, City Engineer, on sewer plant enlargement and im- pact of the growth of Cal Poly on the disposal plant: "Following are my views regarding Cal Poly and City sharing of costs for the Sewage Treatment Plant. All figures used are preliminary estimates and subject to refinement. "Prior to start of negotiations with the City, I believe Cal Poly engineers should make an analysis to see whether it-would be cheaper for the State ' to build their own Sewage Treatment +Plant rather than participate in the City expansion. If they discover that their own plant would be cheaper; by al 1 means the State should build it. We certainly don't wish to have the State subsidize..the City, however we:'should not be asked to subsidize the•State by providing sewage treatment facilities at less than cost. "At present Cal Poly is using about 10% of the plant capacity and can use 32% during peak flows. Were the City relieved of this burden, the need for plant expansion would not be so critical, and the City .could program the work after the current financial crisis is passed. Cal Poly has.never paid a share of original construction of the plant, nor does the rate, which amortizes the plant, give Poly a right of ownership. Poly's sole rights as,- -designate& in the sewage.:treatment agreement will allow a peak flow of 640,000 gallons per day (average daily flow of 320,000 gallons per day) for the twenty -year period of the agreement. Poly could easily exceed this flow at the present state of development particularly during-the rainy season. .Poly's master plan calls for double the capacity provided in the -agreement, and it is assumed we are expected to provide this capacity in the enlarged Sewage Treatment Plant. However, I question whether there is enough benefit for the City to provide the additional capacity to serve cal poly unless they are willing ;to -pay for their'fair share of-the expansion. It would appear that an equitable method of computing Poly's fair share of 1 the plant enlargement would be a direct proportion of the cost of the im- provement as follows: Capacity of Enlarged Plant: • 5.0 mgd Capacity of Present Plant: 2.0 mgd Enlargement: 3.0 mgd. Cal Poly future average daily flow: 0.64 mgd 0.64 = 21.3% of enlargement to be utilized by Cal Poly. :r .3.00 :. Estimated contract construction-cost: $942,600 21.3 R 942,600 = $200,000 Cal Poly Share of Enlargement. "There are methods of calculating this which are more-favorable to Cal Poly or to the City, however the direct proportion method would appear to be the most.equitable. "The actual construction schedule for the plant enlargement will be governed by a number of non - engineering factors the primary of which would be the passage of bonds. From an engineering standpoint, design will require at least "7 months. Assuming the most favorable circumstances (which seem un- likely) construction could not commence before the spring of 1962 with ' construction being completed around January, 1963. "For many years the= City'has been most generous :in.providing sewer service to:Poly well below cost- however our current financial picture makes it incumbent upon Poly to.assume their fair share-of the cost. :Even then the total cost to Poly will be a fraction of the cost of constructing and opera - ting =their own plant." The.City Staff presented various methods of arriving at figures-presented by Mr. Thompson and Mr. Romero. The City -Council.discussed, various -methods of approaching Cal Poly to in- form them of their share of the sewer plant enlargement and the construction of the new filtration plant so that.Cal Poly could.,place them in their future budget and future plans.. The matter was deferred:to a study meeting July 6, 1961. 25. Communication from.Lucksinger Motors.offering to bid for.the City's old Corporation Yard on Santa Barbara Avenue was referred to the City Assessor for value at the next meeting. 26. Communication from Knuthson-Heims Company-requesting that the City accept the off -site improvements and.release the Subdividers Bond-•for.�Tract 203, Ann Arbor Estates; and communication requesting that the City Council permit 1 the:.delay of planting therrequired street , trees -and :bank- planting until the subdivision is completely occupied: :•Mr.= Romero; City Engineer, stated that this subdivision is not ready for acceptance by the City and the next meeting should be considered the first hearing. The-.-City-Clerk was instructed to.�write the Knuthson- Helms:Company stating that all bank planting:would be.required before acceptance, but that tree plantings might be deferred until the homes are occupied.- 27. Communication from.Cal Poly notifying the City Clerk that Homecoming will be'October 28, 1961, and that the student committee is preparing details for the parade, etc., and that they wish to co= operate in every way with the City for proper control during the parade. The City Clerk was instructed to write a letter to Cal Poly stating that the matter was referred to the Police Department and asked that this department be contacted to work out details. 28. Communication from the City Planning Commission forwarding map and recommen- dations on the tentative map for Tract 225, College Highlands, Unit >5. The. Planning Commission recommends that the City Council approve the map-subject to the following conditions: A) That Highland Drive should be re- aligned so that Lot 2 of Block B:will at least 90 feet.in depth, the minimum depth finder the Subdivision Ordinance. 1 B) That Lots 1 and 2 of Block B shall be re- platted so as to provide a minimum -of 90 feet average depth on both Lots 1 and 2. C) That an 8 -inch water line shall be stubbed to the easterly line of the subdivision in Highland Drive and is to comply with the requirements of the City Water Superintendent. D) That the sewer'line shall be stubbed to the easterly limit of the sub- division and is to comply with the requirements of the City Engineer. Communication from Nebraska Lands; Inc. requesting that the City Council not approve the requirement of the Planning Commission relative to providing curb, gutter, sidewalks, etc. upon the street area adjacent to.property owned by others unless it is conditioned on the City retaining a one -foot strip so as to allow a refund when adjacent properties are improved. The City Council discussed the recommendations of the Planning Commission and the request of Nebraska Lands, Inc. on retaining a one -foot strip along Highland Drive so that adjacent property owners would be required to re- imburse the subdivider for street improvements placed prior to using the im- provements. Mr. Shipsey stated that if Dalidio, the adjacent property owner, would not allow encroachment by Nebraska Lands, Inc. on his property, and Nebraska Lands was required to place these street improvements, it would only be fair that the City accept his deed to one foot which would allow Nebraska Lands, Inc. to be re- imbursed for the street improvements when the property owner desires to sell or subdivide his property. On motion of Councilman Shipsey, seconded by-.-Councilman Miller, it was moved that the recommendation of the Planning Commission be accepted and that the request of the Nebraska Lands, Inc. be adopted for the City to retain a one -foot strip subject to the condition that the adjacent property owner, in order to obtain access, must pay to the City the cost of the curb, gutter, sidewalk and retaining wall fronting said property, and,that the City will re- imburse the subdivider if said amount is paid withing ten years after acceptance by the City. Thereafter, the City will keep said amount to offset maintenance-and repair costs.. 29. Communication of the City Planning Commission forwarding a map and resolution on the tentative map for Tract 223, Ferrini Heights, Unit 4. The Planning Commission approved the tentative map with the following exceptions for the Council's consideration: A) A 52 -foot right -of -way on Patricia Drive having 40 feet of pavement . from curb to curb, and a six -foot integral sidewalk. B) The radius of the curve of Patricia'Drive is to be redesigned using a minimum radius of 250 feet and approved by the City Engineer. Mr. Abraham. Planning Director,.explained to the City Council the Planning Commission's reasoning in requesting the Council approve the exceptions as recommended by the Commission.. On motion of Councilman Graves, seconded by Councilman Miller, the recommendation of the Planning Commission was accepted and exceptions allowed. Mr. Elmer McLennan.appeared before the Engineer on behalf of the subdivider asking that the City-Council grant an exception to the requirement that a fence be placed along the drainage channel at the rear of the lots in Block B. Mr. Felton Ferrini, subdivider, appeared before the City Council and explained the background in the discussions with the Planning Commission of this subdivision. He emphasized the discussions regarding street widths, street radius, and also the fact that he had presented additional studies of the drainage of this tract and that he did not wish to place a chain link fence along the rear of the lots in Block B•if it was his feeling that each in- dividual property owner would desire to place a fence of his own choosing along this channel. In the discussion it was brought out that this matter had been discussed 1 with the Planning Commission but no solution arrived at, and the subdivider was therefore requested to go'back to the Planning Commission and get their recommendation before the Council considered the granting of an exception. 30. Mr. Romero presented the following letters for the Council's information: A) Copy of letter sent to Dr. Tiber A. Beresky notifying him that a portion of his driveway at 61 Highland Drive still has not been corrected in accordance with agreement and therefore the City must take steps to have the work completed. B) Copy of a letter sent to Ralph A. La Rosa notifying him that the sub- division improvements in the Ramona Terrace Tract 134 have not been completed and requesting that in accordance with the subdivision agree- ment on file that the work be completed. C) Communication to S. L. Touchstone notifying him that the subdivision he is placing at the intersection of Prado Road and lower Higuera Street outside the City does not meet the minimum requirements of the City, and that'if he expects to make use of the City water and sewer provisions, he should bring his tract up to standard. 31. Notice of the next quarterly meeting of the League of California Cities, Channel Counties Division, to be held in the city of Port Hueneme on July 27, 1961. ' 32. Communication from the State-Employees' Retirement System notifying the City Council that the Employers' contribution:-to the retirement system was being reduced: 33. Copy of plans and specifications for construction of two pumping plants for the Whale Rock Project. Bids to be opened on July 6, 1961. Ordered received and filed. 34. RESOLUTION NO. 816 (1961 Series), "A Resolution Increasing the 1960 -61 Budget, Account No. 530,"-was passed and adopted on motion of Councilman Miller, seconded by Councilman Graves, on the following roll call vote: AYES: R. L. Graves, Jr., Donald Q. Millers Gerald W. Shipsey, Clay P. Davidson. NOES: None ABSENT: Miss Margaret M. McNeil. On motion of Councilman Miller, seconded by Councilman Shipsey,.the meeting ad- journed to 7 :30 P. M. July 6, 1961, in the City Hall at 11:25 P. M. --------------- - Approved this 17th day of July, 1961. 1 C ty Clerk