Loading...
HomeMy WebLinkAbout08/06/19621 1 REGULAR MEETING OF CITY COUNCIL August 6, 1962 - 7:30 P.M. CITY HALL Invocation was given by Clay P. Davidson Roll Call: Present: Miss Margaret McNeil, Donald Q. Miller, Clay P. Davidson Absent: R. L. Graves, Jr., Gerald W. Shipsey City Staff Present: J. W. Abraham,-Planning & Building Director; J. H. Fitzpatrick, City Clerk; William Flory, Park & Recreation Superintendent; William Houser, City Attorney; R. D. Miller, Administrative Officer; D. F. Romero, City Engineer; William Schofield, Police Chief; Lee Schlobohm, Fire Chief; E. P. Thompson, Water Super- intendent. Minutes of the following City Council meetings were approved: Special meeting of May 29, Special Meeting of May 21, Adjourned Meeting of June 6, Adjourned Meeting of June 12, Adjourned Meeting of June 20, 7:00 A.M. and Joint Meeting of'June 20, Ad- journed meeting of June 25, Special Meeting of July 2 and Adjourned Meeting of July 9, by motion of Councilman Miller, seconded by Councilwoman McNeil. On motion of Councilman Miller, seconded by Councilwoman McNeil, claims against the City were approved subject to the approval of the Administrative Officer. 1. Mayor Davidson briefed the City Council on the status of negotiations with Cal Poly regarding the acquisition of college land for the City's new filtration plant. Mayor Davidson explained the problem faced by Cal Poly in selling or leasing land to outside agencies as the college has difficulty replacing land lost by this method. Mr. Houser, City Attorney, explained provisions of Resolution No. 975, which sets up a procedure for replacement of any land taken from Cal Poly for the filtration plant by the City. Mr. Miller, Administrative Officer, presented a letter from Cal Poly, making suggestions for amending the City Resolution No. 975 when considered by the City Council. Mayor Davidson suggested that land value of the property to be acquired by the City should be established at this time so that land value will be set and both parties will know the value of the land to be exchanged at a future date. Councilman Miller stated that he did not agree with the present arrangement of the City acquiring land for Cal Poly as he believed the City should negotiate and purchase this property without any strings attached by the college as he believed that Cal Poly needs this filtration plant as much as the City and that the City should take a political route working with the State Senate and Assembly to ac- quire this site. Resolution No: 975 was held over for future consideration by the City Council. Mayor Davidson announced to the City Council that he had been working with Senator Sturgeon regarding Cal Poly's share of funds for the sewer plant and that as of ' Friday, August 3, this money was-available in the current budget and could be used for progress payments on the sewer plant enlargement. 2. City Clerk reported on the following bids received for promissory notes from financial institutions for loans to the City as follows: Bank Premium Interest Per Annum Bank of America $29.00 1.51% United California Bank 1.00 1.52% Crocker -Anglo National Bank 1.00 2.107 R. D. Miller, Administrative Officer, recommended that the low bid of Bank of America be accepted and loans be negotiated when and if needed. On motion of Mayor Davidson, seconded by Councilwoman McNeil, the low bid of Bank of America was accepted. 3. City Council approved the following contract payments: SMEE'S PLUMBING Estimate No. 2 Madonna Road Sewer Line Relocation $1,212.29 SMEE'S PLUMBING Estimate No. 3 Final_ 274.76 VALLEY PAVING Estimate No. 2 San Luis Drive Realignment 119563.81 (Note: No estimate this period for Laurel & Orcutt reconstruction projects) Ordered paid on.motion of Councilman Miller, seconded by Councilwoman McNeil. 4. On motion of Mayor Davidson, seconded by Councilman Miller, the following salary step increases were approved: TURNER, Robert H. Filtration Plant Operator, from Step 2 at $368 per month to Step 3 at 0390 per month, effective September 1, 1962. MELLO, Stanley J. Fireman,'fiom Step 1 at $412 per month to Step 2 at $435 per month,.effective September 1, 1962. 5. R. D. Miller, Administrative Officer, announced the following appointments to City employment: HARTMAN, Philip J., Police Officer, effective July 25, 1962 at $412 per month. BELL, George A., Filtration Plant Operator, effective August 1, 19.62 at $350 per month. NUNES, Bobby A., Laborer - Equipment Operator, effective August 6, 1962 at $350 per month. HARRIS, William K., Laborer - Equipment Operator, effective August 6, 1962 at $350 per month. 6. Mr. Houser, City Attorney, explained for City Council information the pro- visions of the proposed amendment to the Employees' Retirement System by adding survivor benefits to the retirement contract. On motion of Councilman Miller, seconded by Councilwoman McNeil, the following Ordinance was introduced: ORDINANCE NO. 232 (1962 Series) "An ordinance of the City Council CE the City of San Luis Obispo, authorizing an amendment to the contract between the City Council and the Board of Administration of the California State Employees' Retirement System." Introduced and passed to print on the following roll call vote: AYES: Miss Margaret McNeil, Donald Q. Miller, Clay P. Davidson NOES: None ABSENT: R. L. Graves, Jr., Gerald W. Shipsey 7. Communication from State Compensation Insurance Fund advising the City Council that the illness of John R. Woodward, Fire Captain, has been deemed acceptable by the fund and that medical benefits and compensation will be paid under pro- visions of the Labor Code; referred to the City Attorney for review. 8. Request of the Water Superintendent for Council authorization to advertise for bids for a boat for the Whale Rock Revervoir was approved on motion of Mayor Davidson, seconded by Councilman Miller. 1 1 9. Request of Mrs. Bonnie Cameron to accumulate four earned holidays in order to visit her parents in Seattle later this year as she is not entitled.to a vacation this year, was approved on recommendation of the Department Head and the Admini- strative Officer and on motion of Councilwoman McNeil, seconded by Councilman Miller. 10. Request of the City Engineer-for Council approval to advertise for amphitheater slab at Sinsheimer Park was approved on motion of Councilman Miller, seconded by Councilwoman McNeil. 11. Communication from U.S.-Army Engineers; forwarding-to the City Council Amendment No. 2 to License DA -04- 353 -ENG -1943 which amends the original license to remove ' the 3000 acre feet limitation at Salinas Reservoir for use by the City was re- ceived and filed. 12. Communication from the City Engineer asking.Council permission to proceed under the 1911 Act to call a public hearing for installation of curbs, gutter and sidewalk for properties on the first priority schedule approved by the Council last winter. Mr. Romero, City Engineer, presented a list to the Council-of property to be include under this hearing. Request approved on motion of Councilman Miller, seconded by Councilwoman McNeil. 13. Communications from the following notifying the City Council that they are in favor of the Council granting a Cable TV franchise or .license: 1. Mr. & Mrs. M. Nichols 2. Voter & Citizen Communications ordered received and filed. 14. R. D. Miller, Administrative Officer, brought to the City Council's attention the problem of water or sewage seeping on the McNight property at 1277 San Mateo Dr., where the water has again flooded the property, and something should be done by' the City =to solve this problem. Mr. Romero, City Engineer, again presented to the City Council his report of Janu- ary 11, regarding the investigation and test made by his department regarding water or sewage drainage in the rear of the McNight property and stated that he believed the same condition existed and this was water from a spring in the Terrace Hill area and not sewage. Councilman Miller stated that he was not satisfied with the Engineer's report as he believed this water is sewage and not a spring and requested the City make explor- atory excavations in order to detect what the water is and where it comes from, as he believed the City has a responsibility to the people•and requested the City Council to order the City Engineer to do some investigation work to detect if the sewer line is the cause of this problem. R. D. Miller, Administrative Officer, suggested that theCity enger into an agree- ment with the McNight's and if it is sewer, the City will pay for any work done and if it turns out to be a spring, the McNight's would pay for the work-done by a private contractor. Mr. Romero and City Council discussed various tests and methods that could be used to make investigations to see if this is spring water or a sewer leak. It was moved by Councilman Miller, seconded by Councilwoman McNeil that the City Engineer be instructed to make excavations behind the McNight property to deter- mine if the sewer line if leaking or not. Motion carried. 15. Communication from Morgan Flagg appealing the decision of the-City Planning Commission in denying the land use permit for a drive -in restaurant on the property located at 228 Santa Rosa Street was held over to a Public Hearing 9:00 P.M., August 20, 1962. 16. R. D.-Miller, Administrative Officer, presented a proposal -from Hahn; Wise and Associates, Inc., Planning Consultants, for an 18 month planning study under the provisions of Section 701 of the Housing Act of 1954 and recommended that the Council enter into a contract for this work which had been approved in the 1962- 63 budget.. On motion of Councilman Miller, seconded by Councilwoman McNeil, the following Resolution was introduced: RESOLUTION NO. 987 (1962 Series) "A Resolution of the City Council of the City of San Luis Obispo, State of California, relative to urban planning assistance." Passed and adopted on the following roll call vote: AYES: Miss Margaret McNeil, Donald Q. Miller, Clay P. Davidson NOES: None ABSENT: Gerald W. Shipsey, R. L. Graves, Jr.. 17. Communication from International Conference of Building Officials request- ing the City Council's support in attempting to develop unity in building laws in the State of California by adoption of the Uniform Building Code referred to the Planning & Building Director for investigation and report. Communication held over by request of the Planning & Building Director until additional information is received from the Building Officials organization. 18. Communication from Seward E. Chapman, 1290 Ella Street, regarding proposed exchange of property with the City and himself for realigning his property. Mr. Romero, City Engineer, presented maps and sketches for the Council's in- formation andorecommended that the City make this exchange of property in order that Sierra Way may be given a uniform width. On motion of Councilman Miller, seconded by Councilwoman McNeil, the follow- ing Ordinance was introduced:. ORDINANCE NO. 234 (1962 Series) "An ordinance exchanging property of San Luis Obispo and property owned by Seward E. Chapman on Ella Street." Introduced and passed to print on the following roll call vote: AYES: Miss Margaret McNeil, Donald Q. Miller, Clay P. Davidson. NOES: None ' ABSENT: Gerald W. Shipsey, R. L. Graves, Jr. X. Communication from William Schofield regarding his investigation for addition- al taxi permits in San Luis Obispo. Mr. Wood, Attorney, appeared before the City Council and urged the Council to make a decision at this time on the necessity of additional taxi service for the City and also urged that the Council resolve this need at this time and consider this a Public Hearing and issue the necessary certificate of Public Convenience and Necessity to allow additional taxi service for the.City. Mr. Vaughn stated that he had been operating the taxi company since July, 1962, and operates 5 cabs in the City'and believes the City is being covered adequately. Mr. Wood stated that Johnnie Pollock wished to also notify the Council that if for any reason the Green Bus service ceased operation, he would be willing to establish the City bus service. Mr. Houser, City Attorney, explained provisions of the Municipal Code regard- ing the issuance of additional Certificates of Public Convenience and Necessity. 1 Mr. Vaughn stated that in accordance with the Ordinance, he would place in service as many additional cabs that the Council thought necessary. Mr. Ethridge, operator of the Yellow Cab in Santa Maria and financial.backer of Johnnie Pollock, stated that he believed that a good•taxi. operator should go out and get business and not just sit around and wait for calls. He stated he believed San Luis Obispo could use better cab service and that he and Mr. Pollock could supply the need for additional service.. Mr. Vaughn.stated the Council should also consider the fact that drivers who are paid a commission and who live in the City must be considered if a new company is granted -a license in the City, as he believes that there is just so much cab business in the City. Mayor Davidson stated that he agreed that additional cab service should be allowed in the City as competition is good for all businesses and that a new cab company would force the present company to give better service to•its-customers. Mr. Houser explained the steps that the Council could take in order to allow additional cab companies in the City. Mr. Wood asked that the Council issue a temporary or interim permit-for Mr. Pollock to operate cabs in the•City while the present Ordinance was amended. Mr. Houser recommended that the Council - follow the-requirements of the present Ordinance until amended. Mr. Schofield urged that the Council not amend the Ordinance to allow cruising as each company is allowed one stand per 5 cabs by ordinance and this would force the extra cabs to cruise the City looking for business which would add to the congestion on already over - crowded streets. Mr. Vaughn offered to prepare for the Council's information his daily log to show how much business is being done in the City. He offered to prepare this analysis for any period.requested by -the City Council. The City Council discussed possible amendment to the present taxi ordinance in order to allow for additional taxi companies in the City and also allow additional cab stands•in the downtown area.. On motion of Mayor Davidson, seconded by Councilman Miller, the City Attorney was instructed to prepare an amendment to the present ordinance to allow an additional taxi company in the City in accordance with the City Council discussion at this time 19. Communication from the City Engineer regarding warrants for installation of traffic signals at Santa Rosa & Palm Streets and Santa Rosa & Mill Streets, was discussed by the City Council and staff and proposed signalization of Santa Rosa Street at Mill or Palm was discussed. Communication held over until the next meeting. 20. Communication from the City Firemen's Association, requesting permission to hold their annual dance on September 15, 1962 at the Veterans' Memorial Building was approved on motion of Councilman Miller, seconded by Councilwoman McNeil. 21. Communication from the Division of Highways and the County Board of Supervisors regarding proposed statewide scenic highway system and workshop meeting to be held October. 9, 1962 at'the City Hall,San Luis Obispo. The City'Clerk was requested to remind the Council of the time and place of the meeting so that they may attend if they wish. 22. Communication from the Planning Director notifying the City Council that the Planninj Commission had passed a Resolution approving the zoning change for Martin Polin on Foothill Boulevard and Broad Street from R -3 to C -1. R -1 to C -1, C -1 to R -3, C -1 to R -1, and requesting that the City Council hold the required public hearing to amend the Municipal Code. On motion of Councilman Miller, seconded by Councilwoman McNeil, the public hearing was set for Monday, August 20, at 8:30 P.M. ' 23. Communication from the County Department of Public Works requesting City water service. for the County airport. City Council and staff discussed the County proposal and the request was referred to the Water Superintendent for investigation and report. 24. Communication from the Wood's Animal Society, submitting financial and statistical reports for the year 1961 and first six months of 1962 was ordered received and filed. 25. Resignation of Beverly Phillips from the City Park - Recreation. Commission. Regisnation accepted with regret. Mayor Davidson was to write Mrs. Phillips and thank her for her service on the Recreation Commission: . City Council to nominate replacement at the August 20 meeting. 26. Communication from the State National Guard advising the City Council that they do not believe the National Guard would use the proposed armory site pro- vided by the City; ordered received and filed. 27. On motion of Councilman Miller, seconded by Councilwoman McNeil, the City 1 Council accepted covenant from Shipsey &.Sietz for removal of free- standing sign if and when Santa Rosa Street is widened. 28. Communication from Achievement House, Inc., requesting Council permission to sponsor an animal show at Mission Field on August 31, 1962. On the advice of the City Attorney, this was considered the first hearing for the proposed license with the second hearing set for August 20, 1962. 29. Communication from the City Engineer regarding an improperly placed and con- structed sidewalk in front of 1270 Palm Street, and action to be taken. Mr. Romero, City Engineer, recommended that this sidewalk be removed and re- placed according to the City specifications. Held over by the Council to the August 20, 1962 meeting so that all Councilmen can have an opportunity to look at this sidewalk. 30. Communication from Dr. Karl Kundert, M.D., requesting the establishment of limited parking in the area of Santa Rosa Street and Pacific Street; referred to the City Traffic Committee for investigation and report. 31. Copy of minutes of a committee meeting of the Channel Counties Division of the ]league of California Cities on propositions scheduled for the 1962 November ballot was ordered received and filed and the City Clerk was instructed to I prepare copies for the City Council. 32. For Council's information, copy of communication from Robert H. Born to J. B. Taylor regarding Salinas Reservoir, was ordered received and filed. 33. On motion of Councilman Miller, seconded by Councilwoman McNeil, .the follow- . ing Resolution was introduced: RESOLUTION NO. 983 (1962 Series) "A Resolution of the Council of the City . of San Luis Obispo declaring results of the canvass of election returns of the special bond election held in said City on June 5, 1962." Passed and adopted on the following roll call vote: AYES: Miss Margaret McNeil, Donald Q. Miller, Clay P. Davidson NOES: None ABSENT: Gerald W. Shipsey, R. L. Graves, Jr. On motion of Councilman Miller, seconded by Councilwoman McNeil, the follow- ing Resolution was introduced: RESOLUTION NO. 984 (1962 Series) "A Resolution of the Council of the City - of San Luis Obispo declaring results of the canvass of election returns of 1 the special bond election held in said City on June 5, 1962." Passed and adopted on the following roll call vote: AYES: Miss Margaret McNeil, Donald Q. Miller, Clay P. Davidson NOES: None ABSENT: Gerald W. Shipsey, R. L. Graves, Jr. 34. Mayor Davidson reported to the Council that Mr. Ernest Dalidio wished-to-get the feelings of the Council as to whether they wished to continue to lease the Laguna property when the present lease expires in November, 1962. Mayor Davidson stated that Mr..Dalidio would be willing to rent the property on a month -to -month basis when the present lease expires, with provisions for 60 day notice clause to give him time to remove his cattle. 35. Mr. Romero; City Engineer, reported to the Council on the studies made for re- 1 alignment of Rockview Place in front of the Downing -Ryan property in accordance with the request "at the public hearing of formation of the Yoakum District. Mr. Romero stated that realignment of the sewer line would cost $965, legs cost of one manhole - $320 for a net cost of the project of $645.00. Mr. Romero stated that after study, he recommends the City follow the original plan and not straighten out the street, as this could be done.at a future date with City forces. Councilman Miller suggested that the City proceed to straighten out Rockview Place at this time and also straighten out the sewer line. After discussion, it was moved by Councilman Miller, seconded by Councilwoman McNeil, that Rockview Place be straightened out conditional upon receipt of property from all property owners. Motion carried. 36. Mr. Romero, City Engineer, asked for Council guidance on Slack Street sidewalk improvement as there is presently 12 feet of sidewalk area on Slack Street but only 6 feet is to be used for sidewalk. His question being whether the property owners could build retaining walls on City property and whether the Council would allow this construction. It was the common consent that the retaining walls could be built behind the 6 foot sidewalk with a covenant to the City that property owners will relocate the walls at their expense if requested by the City. It was also agreed that the maximum as well as minimum sidewalk width should be controlled by-the City Engineer so that a sidewalk would be of uniform width throughout the entire block. 37. Mr. Houser, City Attorney, reported on the meeting between the City and County. representatives regarding the Santa Margarita Lake, as follows: "The meeting was held on July 26, 1962 at City Hall and the City's position was as follows: 1. The City continue to use Salinas Reservoir water until adequate storage in Whale Rock. 2. Then the City would obtain a license for not to exceed the 1961 use (approxi- mately 3,900 acre feet.) 3. Thereafter the City would use Whale Rock water exclusively inasmuch as the Yield would supply the City's needs; thereby making the most of the Salinas yield available on a temporafy basis to Zone II and the City and Zone II would share Army demandsequally. "The County's position was primarily as set forth in Chairman Alton Lee's letter addressed to the Army Engineers primarily that the City should be limited to 3,000 acre feet, Zone II, 2,600 acre feet and both entities to share any Army use. "The Committee discussed the Zone II water development plan under the proposal and the need for at least interim use of as much Salinas Reservoir annual yield as possible to postpone construction of some of Zone II's expensive facilities. No capital improvements are planned under the bond proposal for permanent diver- sion of Salinas water. The Committee agreed that: .