HomeMy WebLinkAbout11/19/1962REGULAR MEETING OF THE CITY COUNCIL
November 19, 1962 - 7:30 P. M.
City Hall
Invocation was given by Mayor Clay P. Davidson.
Roll Call
City Staff:
Present: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald Q. Miller, Gerald W. Shipsey
Present: J. W. Abraham, Building and Planning Director; J. H. Fitzpatrick,
City Clerk; William Houser, City Attorney; R. D.Miller,
Administrative Officer; D. F. Romero, City Engineer; William
Schofield, Police Chief; Lee Schlobohm, Fire Chief.
Minutes of the Council meeting of November 5, 1962, were corrected as follows:
Page 9, Item 21, Traffic Committee Report 62 -11 -7T should read:
"On a motion of Councilman Miller, seconded by Councilwoman McNeil,
the City Engineer was instructed to place a yellow school zone
crosswalk on Johnson Avenue at the intersection with Sydney Street.!
Page 11, Item 22, Statement by Councilman Graves "Upon looking into
this matter ", should read, "without inspection and comparison ". ,
Page 12, Item 32, Line 3 should read November instead of October.
On a motion of Councilman Miller, seconded by Councilwoman McNeil, the minutes were
approved as corrected.
On a motion of Councilman Graves, seconded byl:Councilman Shipsey, claims against the
City for the month of November, 1962, were approved and ordered paid subject to the
approval of the Administrative Officer.
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1. R. D. Miller, Administrative Officer, announced the appointment of Barbara Ryan
as Typist -Clerk at the City Library, effective December 1, 1962 at
$295.00 per month.
2. R. D. Miller, Administrative Officer, announced the appointment of Carolee E.
Fisher as Typist -Clerk in the Fire Department, effective November 8, 1962, at
$295.00 per month.
3. J. H. Fitzpatrick, City Clerk, reported on the following bids received for
construction of a foot- bridge to the Foothill - Stenner Bridge:
a. P. J. 2uiderweg $4,275:00
P. 0. Box 537
San Luis Obispo
b. Madonna Construction Co.
P. 0. Box 910
San Luis Obispo, California 82500.00
c. Ted Watkins Construction Co.
P. 0. Box 1380
San Luis Obispo, Calif. 4,557.00
d. Burnett Construction Co.
20608 Londelius Street
Canoga Park, California 50985.00
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Mr. R. D. Miller, Administrative Officer, reported that another bid had been
received from the General Engineering and Construction-Company, but as a personal
check had been enclosed in lieu of the certified or cashier's check or bond,
the City Attorney ruled that the City could not consider this bid.
D. F. Romero, City Attorney, recommended to the City Council that the low bid
of P. J. Zuiderweg be accepted.
On a_ motion of Councilman Miller, seconded by Councilman Graves, the low bid
of P.,J. Zuiderweg was accepted.
4. J. H. Fitzpatrick, City Clerk, reported on the following bids received for street
repair program, Phase. "L ":
a. A. J. Diani Construction Company $119587.50
P. 0. Box 636
Santa Maria, California
b. Guido 0. Ferini 10,265.00
P. 0. Box 558
Santa Maria, . California
c. Ted Watkins Construction Co. 102867.00
P. 0. Box 1380
San Luis Obispo, California
d. Valley Paving 10,777.50
P. 0. Box 6
Pismo Beach, California
e. A. Madonna Construction Co. 123528.75
P. 0. Box 910
San Luis Obispo, California
' Mr. D. F. Romero, City Engineer, stated that the bid received from Guido Ferini
was a good bid and recommended that the contract be awarded to the.low bidder.
Councilman Miller stated that he was opposed to granting the contract to the
Ferini Company as this company did such a poor job on the last contract awarded
the,:dompany and it took them an additional three (3) months to complete the job.
D. F..Romero, City Engineer, explained to the City Council that up until the last
project by Mr. Ferini, the City had never enforced the penalty provision of the
contract but that since that time, upon instruction of City Council, the penalty
provision would be strictly enforced against any contractor including Mr. Ferini.
On a motion of Councilman Miller, seconded by Councilman Shipsey, the bid of
Guido Ferini was accepted and the City Engineer was instructed to notify Mr.
Ferini that the penalty provision of the contract would be strictly enforced.
Motion carried.
On a motion of Councilman Shipsey,-.seconded by Councilman Miller,. the following
Mayor Davidson suggested that as the phase "L" bids came in below the estimate
the Council should proceed with additional street work from the priority list.
On a motion of Councilman Graves, seconded by Councilman Shipsey, that the City
Engineer be instructed to call for bids on the following street projects: No's
8 and 12 from the priority list previously submitted. Motion carried.
Councilman Miller suggested that the City Council meet with the City Engineer
regarding the street deficiency report and future plans for correcting said
deficiency in the same manner as is being done with the Water Superintendent
regarding water problems.
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resolution was
introduced. Resolution No.
1028, a resolution increasing the
1962 -63 budget.
Passed and adopted on.the
following roll call vote:
AYES:
Clay P. Davidson, R. L.
Graves, Jr., Miss Margaret McNeil,
Donald Q. Miller, Gerald
W. Shipsey
1
NOES:
None
ABSENT:
None
Mayor Davidson suggested that as the phase "L" bids came in below the estimate
the Council should proceed with additional street work from the priority list.
On a motion of Councilman Graves, seconded by Councilman Shipsey, that the City
Engineer be instructed to call for bids on the following street projects: No's
8 and 12 from the priority list previously submitted. Motion carried.
Councilman Miller suggested that the City Council meet with the City Engineer
regarding the street deficiency report and future plans for correcting said
deficiency in the same manner as is being done with the Water Superintendent
regarding water problems.
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Mayor Davidson urged that the City Council not overburden department -heads
with long involved studies and reports as it takes a great amount of their
time away from their regular work.
On a motion of Councilman Miller, seconded by Councilwoman McNeil, the City
Council is to meet with Mr. Romero on January-.14, 1963.
5. At this time.the City Council held a Public Hearing for the consideration of
adopting of a proposed ordinance which could grant a Cable TV franchise in
the City of San Luis Obispo.
Mayor Davidson declared the Public Hearin&-,open.
The City Council discussed various provisions of the proposed ordinance which
would grant a CATV franchise within the City.
City Council discussed duration of franchise, indemnification of the City,
protection to the subscribers, etc.
Mayor Davidson asked how subscribers would be protected under Section 18b by
handling cash deposits or what.
Mr. Cohan, KSBY -TV, suggested that the faithful performance bond be!-.increased to
$50,000- andthatttheprovision of Section 14 of a $10,000 penal bond be stricken
from theordinance.
Councilman Shipsey stated that he believes that the $25,000 faithful performance
bond was adequate to protect the City and the City should also keep the provision
in the penal bond in the amount of $10,000.
Mr. Grundell, Attorney for KSBY -TV, suggested that the City require installation
charges to be placed in a trust fund or in escrow in order to protect subscriber,
in accordance with Section 18b.
Mr. Marquardt, KATV Station owner, suggested that Section 18h be removed from
the ordinance in its entirety in order to protect the local FM and AM stations
in the same manner as the Council has protected the local TV stations.
Councilman Graves suggested the following wording in the ordinance:
"If Grantee proposes any FM .station or stereo back ground music from outside
the service area, the Grantee must also carry local FM stations."
Mr. Marguardt wished to go on record as opposing the non - inclusion of AM radio
station on the CATV system.
KSBY representatives stated that CATV could not carry AM on Cable without major
modification to the receiver.
Mr. Marquardt again appeared before the Council stating that he could present to
Council a better method than Cable TV which would be imported to the area by
Translater TV and would cost $25.95 and no monthly cost charge to individual.
He stated that he would give City Council various publications on this new system
which would be-'.better for the community than CAM
Mr. Grundell, Attorney for KSBY -TV, presented the following letter suggesting
amendment to the proposed CATV Ordinance as follows:
Section 3, Paragraph 3 (page 2) This paragraph should end with the words, "as
herein provided." Strike remainder of the paragraph, beginning with the words
"for transmission ", and ending with the words, "from regularly licensed stations."
This description places restrictions on providing better service, and limits
transmission to TV programs only and eliminates use of "closed-circuit."
Section 10 -A (page 5) The period "three months" should read "twelve months ".
On a motion of Councilman Graves, seconded by Councilwoman McNeil, the period
was changed to twelve months.
Section 14 -A Penal Bond (page 7) We strongly object to this provision because
we feel sure that the City of San Luis Obispo will not consider awarding this
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franchise to a firm that is no.t. reliable in every respect. We already maintain
a large investment and significant payroll in San Luis.Obispo. Our success both
in free television and CATV depends upon pleasing the citizens of the City in every
way. If we are the successful applicant, it would be incumbent upon us to live up
to the franchise in all respects. This provision will tie up $10,000 in cash
which could be used to increase our ability to serve the area (instead of having
this cash lie dormant and unproductive.) We know of no ordinance in the. "State
with such a provision. The faithfull'performance bond of $25,000.00 is adequate.
No change was made.
Paragraph G -1 of Section 18 This provision is inadequate and could become
argumentative as to "satisfactory agreemtnt". What is a satisfactory agreement?
The intent of this provision is to protect free television as suggested by the
FCC in its Public Notice 16695. This is the non - duplication requirement which
affords free television and the subscribers who will not have cable service some
measure of protection. This section should spell out non - duplication as follows:
"When it occurs that there is simultaneous duplication of the program
being broadcast by a local station which is duly licensed by the Federal
Communications Commission and authorized to furnish free television
service to the area within the city_ limits of San Luis Obispo, and
such programs being duplicated.are identical in time and program content,
then for that period of time as such duplication exists, the signals of
the outlying station shall not be transmitted to subscribers of the
CATV system and only those signals broadcast by the local station shall
be used.by the grantee to provide service to its subscribers."
Approved by the City Council.
Paragraph H of Section 18 The ordinance should not spell out either the FM or
background music service. Local FM stations should be protected just as the local
'free television station are protected, or else these stations cannot continue to
operate. Only the local FM station should be on the Cable TV system. As to back -
ground music, this should be left for the applicant to propose the best service,
and the City should award the franchise to the applicant to providing the best
service.
Approved by the City Council.
ParagraphA of Section 18 The ordinance should not specify mobile television
studios. This should also be a part of the applican.1. s proposal. Please delete
this from the ordinance.
Approved by the City Council.
Paragraph R of Section.18 Insert the word "noticeable" between the words "nb"
and "degradation ".'
Approved by the City Council.
Mr. Reg Streeter, RSLY- Radio, requested that the City Council defer action until
more facts are known relative to Cable TV and he also believes there will be no
need for Cable TV as Channel 12 has been allocated to Santa Maria. When completed
the three major net works will be presented to this area::
1 Mayor Davidson closed the Public Hearing:
On a motion of Councilman Graves, seconded by Councilman Shipsev, the following
ordinance was introduced. Ordinance No. 244, an ordinance of the City of San Luis
Obispo, providing the granting of franchises for community antenna television
systems in the City of San Luis Obispo; providing terms and conditions for the
operation of such community antenna television systems and fees therefor.
Councilman Miller stated that he objected to this ordinance on the basis that the
TV industry should provide adequate TV to the public and he, objected to patrons
having to pay twice forttelevision; one through purchasing products advertised
on television and again through direct hook up of cable. He further stated that
many City residents and oldsters could not afford to pay additional charges for
television and yet in many cases this was their only entertainment. He continued
that he.did not believe that television is very good anyway and further that
educational television is a sop to the public as there is no such thing as
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adequate educational television available. He would vote no when.it" came time to
vote on the ordinance.
Myron Crub, visual education and coordinator for the county schools, stated that
contrary to opinion presented this evening, adequate educational television was
available in both San Francisco and Los Angeles for both classroom work and
general education of the public. He believes that this CATV ordinance would 1
allow county schools to make good use of the educational television offered in
the metropolitan areas. Further, he stated that the proposed ordinance would
adequately protect and help educational television to be brought into this
county.
Introduced and passed to print on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Gerald W. Shipsey
NOES: Donald Q. Miller
ABSENT: None
6. At this time.the City Council held a Public Hearing on Resolution No. 1017,
a resolution of intention to abandon a portion of Sierra Way.
Mayor_Davidson declared the Public Hearing open.
D. F. Romero, City Engineer, explained for the Council the situation involved
in abandoning a portion of Sierra Way and also a parcel of land being deeded to
the City from Seward E. Chapman and Dorothy J. Chapman to straighten out the
future alignment of Sierra Way.
Mayor Davidson declared the Public Hearing closed.
William Houser City.Attorney. explained the following procedure for City
Council.for abandonment of a portion of Sierra Way.
On a motion of Councilman Shipsey, seconded by Councilman Miller, the following
action was taken:
"An order determining that this portion of Sierra Way is not - needed for present
and future street purposes and abandoning said portion of Sierra Way as set forth
in Resolution No. 1017 (1962 Series) entitled "Resolution.of intention to abandon
a portion of Sierra Way."
On a motion of Councilman Shipsey, seconded by Councilman Miller, the Mayor was
authorized to accept and record on behalf of the City a Grant Deed from Seward E.
and Dorothy J. Chapman for a portion of Sierra Way:
7. At this time the City Council held a Public Hearing on the final adoption of
Ordinance No. 245 (1962 Series), an ordinance rezoning property on Park, Wilson,
and Grand Avenue from "R -1" to "R -3 ".
Mayor Davidson declared the Public Hearing open.
J. W. Abraham, Planning Director, explained for City Council what was involved
in this rezoning.
Mayor Davidson declared the Public Hearing closed..
The ordinance was finally passed on a motion of Councilman Miller, seconded
by Councilwoman McNeil, on the following roll call vote:
AYES:. Clay P. Davidson, R. L. Graves, -Jr., Miss Margaret McNeil,
Donald Q. Miller, Gerald W. Shipsey
NOES: None
ABSENT: None
8. At this time the City Council considered final.passage of Ordinance.No. 246,
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an ordinance repealing section 3200.10 of the Municipal Code.
On a motion of Councilman Graves, seconded by Councilman Miller, the ordinance
was finally passed on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald Q. Miller, Gerald W. Shipsey_
' NOES: None
ABSENT: None
9. At this time the City Council held a Public Auction for lease of grazing land
as advertised.
Mayor Davidson declared the Public Auction open for bids.
Mr. Connolly opened the bidding at $1.50 per acre per month and William Schofield,
Jr., bid $1.55 per acre per month. After four (4) more bids by each party,
the final bid of B. J. Connolly of $3.50 per acre per month was accepted by the
City Council.
On a motion of Councilman Shipsey, seconded by Councilman Miller, the following
6rdinance was introduced. Ordinance No. 247, (1962 Series) an ordinance leasing
sewer farm grazing land to B. J. Connolly.
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, Gerald W. Shipsey
NOES: None
ABSENT: None
X. Miss Anna Lewis, 141 Ward Street, appeared before the City Council requesting that
the Council grant her permission to place two (2) drive -way ramps in front of her
property, one to serve the blacksmith shop and one to serve the residence, but as
the lot is only fifty (50) feet.wide, by ordinance she is only entitled to one
ramp and asked Council to grant her special permission for the drive -way ramp.
D. F. Romero, City Engineer, reported to the City Council on conditions and stated
that he had no objection to the drive -way ramp as requested, but.that in accordance
to the Municipal Code, only the Council could grant exceptions to the ordinances.
On a motion of Councilman Graves, seconded by Councilman Miller, the request:6f
Mrs. Lewis was granted.
10. Mayor Davidson reported that Mrs. Livisey could not appear before the Council this
evening due to a personal problem and asked that the Mayor present her problem to
the Council.
Mayor Davidson stated that Mrs. Livisey explained that the City placed a new sewer
line in Peach Street sometime in 1958, and in doing so, it damaged the sewer latera
for 796 Peach Street to such an extent that it was not usable. In 1962, the
Liviseys' built a residence on this property and immediately began having trouble
' with the sewer. They called a plumber and he discovered that the sewer lateral had
been damaged and was not properly connected to the main. The plumber contacted the
City Engineer's office and the City completed connection to the sewer main.
Mayor Davidson stated that Mrs. Livisey believes that the City should pay for her
damages as the Citypaid for the new main and inspection of this main and accepted
the job as being complete and believes that the City should assume this
responsibility.
Mayor Davidson stated that he believes that the City had an obligation to these
people as the City approved and inspected the project and that she built her
home in the belief and understanding that it was adequately served with sewer.
It was moved by Mayor Davidson that the City pay cost of repair of $96.50 to
to Mrs. Livisey.
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Motion seconded by Councilman Graves subject to the payment being legal
according to the City Attorney.
William Houser, City Attorney, explained that the City Council legally cannot
pay this claim as it was improperly filed and that any payment by the City would
be a gift of public monies for which the Council could be liable.
City Council discussed the matter.of the claim of Mrs. Livisey for repairs to the
City sewer system.
Mayor Davidson stated that he honestly believes that the City has an obligation
to pay this claim regardless of the legal interpretation of the Attorney.
Councilman Miller agreed that the City owes these people the money for a mistake
made by the City.
Councilman Shipsey stated that he agreed with the opinion of Mr. Houser that the
City cannot give away money and until investigation can be made of the legality
of this claim the Council cannot pay this claim as it could be .a gift of public
monies which is illegal.
Councilman Miller stated that the City has gone.through these legal problems
before but that he thought it unfair to property owners who must pay for City
departments who have approved projects not completed according to plan.
William Houser, City Attorney, stated that regardless of the ethical'or moral
problem involved, the City cannot make a.gift of public money without the
claimant filing the necessary documents.
Councilman Miller suggested that the Council appoint a committee to look into
the basis of the claim.
Councilman Graves withdrew his second to the motion and the motion died for lack of
a second.
On a motion of Councilman Graves, seconded by Councilman-Shipsey, the City
Attorney was instructed to investigate claim and see if it was legal claim for
to pay and report'at the next Council meeting. Motion carried.
11. Communication from Madonna Construction Company requesting sewer lift station
servicing Madonna Inn to be reconstructed, and stated that they were suffering
considerable property damage due to the inadequate sewer lift station installed
to serve their;,property.
D. F. Romero, City Engineer, explained for the Council the conditions of the
present sewer lift station'at the Madonna Inn. He stated that the station was
inadequate and was originally constructed with second -hand pumps, which are now
badly overloaded, and because of this the maintenance problem has'been excessive.
He further stated that Mr. Madonna had agreed,.in discussion, to construct a
first class lift station in cooperation with the City.
D. F. Romero presented the following design criteria and cost analysis based.;on
projected growth figures presented by Mr. Madonna, and the previous City Council
action regarding cost sharing for the lift station improvement:
Future Motel Units
160
.Future Restaurant
Seating Capacity
2000
Foreseeable Future
Flow
250 gallons per minute
Cost of completed construction
including engineering:
'
City Contribution
Engineering
$700
Labor
1,840
Cash contribution
500
Total
$3,040
$3,040
Madonna Contribution
Lift Station
Materiald &
Equipment
Total
$8,320
1,340
$9,660
Grand Total
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$9,660
$12,700
The City Engineer stated that Mr. Madonna was generally in.agreement with the
lift station.desigh- but felt -that the City should pay 50% of the cost of the
installation since the City has already accepted the lift station for maintenance
and therefore, has an obligation to provide adequate service.
Mr. Romero explained Mr. Madonna's views that the Inn was a great asset to the
community, and that the lift station itself was creating excessive maintenance
costs for the City and these items should have some bearing regarding the City's
contribution for the lift station installation.
William Houser, City Attorney, reported that legally the City cannot spend this
amount of money either in cash or in contributions of labor without calling for
bids in accordance with provisions of the City Charter.
Mr. Melcher, representing A. Madonna, appeared before the City Council requesting
that the City cooperate in enlarging this lift station in a more generous manner.
Mr. Romero and Mr. Melcher explained to the City Council the problems that have
arisen in handling sewage from Madonna Inn through the present inadequate sewer
lift station. Further, that this situation has become intolerable and something
must be done before a minor disaster occurs.
William Houser again explained provisions of the City Charter regarding an
expenditure over $2,000 without calling for bids.
Mr. R. D. Miller, Administrative Officer, suggested that A. Madonna. put in full
improvements at his expense and then have the City pay him back their share over
a period of years with no interest, which has been done in the past in situations
similar to this.
1162 -11 -6T The Traffic Committee has studied a request of one
professional man and one resident on Garden between Pismo and
Buchon for a two -hour time limit zone but without the all night
parking prohibition. The Traffic Committee has no objection to
this, and in fact recommends it, but we suggest that the Council
first set the matter for Public Hearing and notify the residents
in the block of the proposed changes."
Mayor Davidson declared the Public Hearing open.
There being none present wishing to be heard, Mayor Davidson declared the
Public Hearing closed..
On a motion of Councilman Miller, seconded by Councilwoman McNeil, the following
resolution was introduced. Resolution No. 1025, a resolution establishing a two -
hour parking zone on a portion of Garden Street. Passed and adopted on;the
following roll call,cvote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald Q. Miller, Gerald W. Shipsey
NOES: None
ABSENT: None
13. Proposal from Hans Mager, Civil Engineer, to provide complete structual service
regarding the placement of lead plates in the ceiling of the basement of the
City Hall. Service includes plans, calculations and inspection for a total of
$300.
On a motion of Councilman Shipsey, seconded by Councilman Graves, that Council
accept the proposal. Motion carried. Councilman Miller voted no.
Mr. R. D. Miller,
Administrative Officer, and D. F. Romero,
City Engineer, were
'
requested to meet
complete this project
with A. Madonna and see what arrangements
as soon as possible.
could be made to
12.
At this time the
City Council held a Public Hearing on the,recommendation
of the
Traffic Committee
dated October 30, 1962, Traffic Committee
Report Section
62- 11 -6T.
1162 -11 -6T The Traffic Committee has studied a request of one
professional man and one resident on Garden between Pismo and
Buchon for a two -hour time limit zone but without the all night
parking prohibition. The Traffic Committee has no objection to
this, and in fact recommends it, but we suggest that the Council
first set the matter for Public Hearing and notify the residents
in the block of the proposed changes."
Mayor Davidson declared the Public Hearing open.
There being none present wishing to be heard, Mayor Davidson declared the
Public Hearing closed..
On a motion of Councilman Miller, seconded by Councilwoman McNeil, the following
resolution was introduced. Resolution No. 1025, a resolution establishing a two -
hour parking zone on a portion of Garden Street. Passed and adopted on;the
following roll call,cvote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald Q. Miller, Gerald W. Shipsey
NOES: None
ABSENT: None
13. Proposal from Hans Mager, Civil Engineer, to provide complete structual service
regarding the placement of lead plates in the ceiling of the basement of the
City Hall. Service includes plans, calculations and inspection for a total of
$300.
On a motion of Councilman Shipsey, seconded by Councilman Graves, that Council
accept the proposal. Motion carried. Councilman Miller voted no.
14. Mayor Davidson briefed for City Council the joint meeting with the City
Planning Commission at California Polytechnic College in viewing the perspectives
prepared by the senior students in the Architecture Department for possible
development of the Mission Gardens or Plaza in that area east of the old Mission
on Monterey Street.
Mayor Davidson stated that, as the Council recAlled, many of these'plans had
merit and that now the City Council should consider retaining a consultant to
prepare the necessary plans for the development of the Mission Plaza.
Councilman Graves suggested that the City retain consultants for engineering
design and also for financial consultation for development of this project as the
engineering plans the financial plans should go hand in hand.
Mr. R. D. Miller, Administrative Officer,presented to the City Council a
communication from Stone & Youngberg, stating that they would be very interested
in meeting with Council and discussing a Mission-Plaza Development proposal.
Councilman Graves proposed that the City seek a proposal from Smith & Williams,
Architects, for engineering design and plan preparation for the Mission Plaza and
also a proposal from Stone & Youngberg for financial consultation-work.
Councilman Shipsey asked why the Smith & Williams firm were better qualified than
a local architect who must have no doubt already spent sometime on this project
with various local committees.
Councilman Graves stated that he had no objection if Council wished for an
additional'proposal for engineering design but at least one proposal should be
from Smith & Williams who are well known and well respected in the landscape
architectural field.
The City Council discussed just what areas were to be considered by the consulting
engineers. - - - w -
On a motion of Councilman Graves, seconded by Councilman Miller, that the City
seek proposals for consulting work from Smith & Williams and Stone &- Youngberg.
Motion carried.
15. On a motion of Councilman Miller, seconded by Councilwoman McNeil, the Mayor was
authorized to sign an agreement on behalf of the City for cost sharing for a
traffic signal at Higuera and Broad Streets. Motion carried.
16. Petition from the property owners on Hope Street requesting the formation of an
assessment district for grading, paving and drainage improvements to an alley
running between Hope and Loomis Streets, also known as Dana Alley. Petition
was signed by ten (10) property owners on Hope Street. None of the owners of
property abutting the alley signed the petition.
D. F. Romero, City Engineer, estimated that the improvement would cost roughly
$6,000.00 and that overhead costs would be quite high for a small assessment
district of this type. He explained that the property owners on Hope Street
requested the improvement in order to provide better circulation for the
residents of Hope Street which is a dead -end street. The matter is being brought
to the Council's attention because, although a majority of property owners in the
area have signed the petition, those immediately adjacent to the improvement, and
who would bear the brunt of the assessment, were opposed to the assessment district.
Therefore, Mr. Romero stated that he wished a Council determination prior to
proceeding with the engineering. '
Mr. Harry J. Fryer, Sr., property owner on Buena Vista Avenue, stated that
the rear of his lot faces Dana Alley and that he would have no use for this
improvement and yet as an abutting property owner, he would be required to pay
a major cost of the improvement.
Mr. George Reed, resident of Buena Vista Avenue, objected to being placed in
this district as the alley improvement would serve no purpose and'be of no
benefit to him and yet he would be required to pay a major share of the cost.
Mrs. Robert Cloud, representing the twelve (12) property owners abutting the
proposed alley, stated they all objected to the formation of this district as
they would be required to bear the major costs of improvement and would receive
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the least benefit and asked the City Council not to force them into an assessment
district whose benefit would be to someone remotely connected to the improvement.
She thought it unfair of the City Council to consider assessing them in order to
help someone else.
Mr. W. T. Pearsons, signer of the petition, stated that this particular`alley improvemer
would not be of any benefit to him but that he was willing to help his neighbors
acquire the improvement if-they wish to have it, but that he personally did not wish
1 to become involved in another assessment district as
improvement on Henderson Avenue.
Mrs. Rirck of Hope Street, asked the City Council if
and not paved so that expense would be kept down.
Councilman Miller moved that this matter be referred
if they wished to abandon the alley as it would be a
owners to pay for an assessment for which they would
he is still paying for street
the street would be just graded
to'the Planning Commission to see
a unfair burden on adjacent propert}
receive no benefit.
Mrs. Johnson, 2050 Hove Street, stated that the improvement of this alley would
enhance the property adjacent to the alley and would not be a detriment.
On a motion of Councilman Graves, seconded by Councilman Miller, that if the property
owners who are in the shaded area on the map are willing to pay for the full street
improvement, then theCity would contribute 10% to the construction. If the street is
only paved and redrocked, then there would be no contribution by the City.
Mrs. Johnson, 2075 Hope Street, stated that she was not interested in paving the alley
under any conditions.
17. Communication from the Planning Commission forwarding Planning Commission Resolution
No. 199 -62, a resolution recommending a change in the land use district from "U" to
"C -3" of a portion of that area taken into the City under the "Freeway Addition"
annexation.
Mr. J. W. Abraham, Planning Director, explained to the City Council the thinking and
reasoning in making this planning change.
On a motion of Councilman Miller, seconded by Councilman Shipsey, the following
ordinance was introduced. Ordinance No. 248, an ordinance rezoning portions of propert
in the "Freeway Addition" annexation.
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, Gerald W. Shipsey
NOES: None
ABSENT: None
18 Letter from the Administrative Officer::.and the City Treasurer requesting that Council
& borrow $400,000.00 in tax anticipation note, from the Bank of America, the low bidder
19 to be used for progress payments on sewer treatment plant construction prior to sale
of bonds.
On a motion of Councilman Graves, seconded by Councilman Shipsey, the following resolutic
was introduced. Resolution No. 1026, a iesolution of the City Council of the City of
San Luis Obispo, San Luis Obispo County, California, providing for the delivery of
negotiable promissory note of said City in the amount of $400,000.00.
Passed and adopted on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald Q.Miller, Gerald W. Shipsey
NOES: None
ABSENT: None
ee
20. Report of the Administrative Officer on investigation of the Building Inspector's
6ffice was held over.
21. On a motion of Councilman Shipsey, seconded by Councilman Graves,. the following
resolution was introduced. Resolution No. 1024, a resolution urging the Division
of Highways to expedite route studies and hearings for Highway No. 1 Freeway
entering San Luis Obispo from the Northwest..
Passed and adopted on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, I
Donald Q. Miller, Gerald W. Shipsey
NOES: None
ABSENT: None
22. Communication from theCity of Long Beach,. California, urging the City support to
their resolution opposing any legislation permitting or - sanctioning the use of
partisan political labels by municipal office candidates, was held over.
2j. Communication from Park and Recreation Commission recommending initial project at
Laguna Lake Park consisting of access road and concrete boat loading ramp so area
can be opened to public, held over.
24. Communication from Park and Recreation Commission recommending that Council authorize
call for bids on rest rooms at Sinsheimer Park.
On a motion of Councilman Graves, seconded by Councilman Shipsey, the City Engineer
was instructed to prepare call for bids.
25. Claims of Peter Andre, on behalf of Jeanne Marie Andre, a minor, for personal injuries
and property damage was referred to the City insurance carrier.-
26. Communication from Robert Wendt, Attorney for Paul E. Merrick, requesting the City
Council to dismiss the Merrick appeal dated October 16, 1962, was ordered received .
and filed.
27. Mrs. Margaret Lloyd, 1346 Chorro Street, appeared before the City Council protesting
her water bill, which is based on a duplex rate plus.sewer charge.for two (2) units
which she believes is unfair. While it is true that she rents a duplex, two (2) unit
dwelling, her family actually uses both units and requests that the Council order a
change in rate applied to her bill and that she be billed on the.basis•of a single
family dwelling.
Councilman Miller stated that Mrs. Lloyd had brought this matter to the Council's
attention at another time and that it was suggested by the City Council at that time
to disconnect the second kitchen at which time the Council would then change the
basis of her billing.
William Houser, City Attorney, explained the ordinance regulation regarding classifica-
tiohs of services and that the water department had no choice but to continue to bill
this property on-:.a two (2) unit basis, but that the occupant,.by disconnecting one (1)
kitchen and having it inspected by the water department, could have the rate lowered
immediately.
Mrs. Lloyd stated that she will not make any change in the plumbing on this property
as she is not the property owner and does not expect the landlord to make these changes
for her at his expense. 1
Further, she stated that she was a welfare recipient and that she cannot pay this
exorbitant water bill and the City should not expect the County to help pay the
water bill.
On motion of Councilman Miller, seconded by Councilman Shipsey, that the appeal of
Mrs. Lloyd be denied. Motion carried.
28. Mr. Houser, City Attorney, presented the.�following proposal to represent the City
of San Luis Obispo in the law suit entitled "Main Construction Company vs. the
City of San Luis Obispo" for the following fee:
$,250:00 - retainer, which will handle services through the
pre -trial conference, at $130.00 per day in court
for trial.
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