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HomeMy WebLinkAbout08/19/1963REGULAR MEETING OF CITY COUNCIL August 19, 1963 - 7:30 P.M. City Hall Invocation was given by Mayor Clay P. Davidson. Roll Call Present: Clay P. Davidson, Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel Absent: R. L. Graves, Jr. City Staff Present: P. Chapman, Director of Planning & Building; J. H. Fitzpatrick, City Clerk; W. Flory, Superintendent of Parks and Recreation; W. M. Houser, City Attorney; R. D. Miller, Administrative Officer; D. F. Romero, City Engineer; W. Schofield, Police Chief; L. Schlobohm, Fire Chief; E. P. Thompson, Water Superintendent. The minutes of the meeting of August 5, 1963, were approved as corrected on motion of Councilman Miller, seconded by Councilwoman McNeil. Corrections are as follows: PAGE 10, ITEM 32 Should read "was referred to the City Attorney to see if the City Council can reimburse this property owner." The minutes of the meeting of August 6, 1963, were approved as read on motion of Councilman Miller, seconded by Councilwoman McNeil. On motion of Councilman Miller, seconded by Councilman Whelchel, claims against the City for the month of August, 1963, were approved and ordered paid, subject to the approval of the Administrative Officer. 1. On motion of Councilman Miller., seconded by Councilwoman McNeil, the following contract payment was approved and ordered paid: W. M. LYLES COMPANY Cuesta and Cerro Romauldo Parallel Sewer Lines Est. #2 .$209.43 D. F. Romero, City Engineer, stated that the seal coat had not been applied, but other than that the project was completed. 2. R. D. Miller, Administrative Officer, presented the 1963 Inventory. On motion of Councilman Miller, seconded by Councilman Whelchel, the 1963 Inventory was approved. 3. R. D. Miller, Administrative Officer, announced the appointment of Arthur Edward Hird, Jr., as Senior Engineering Aide with the City Engineer's Office, effective September 1, 1963, at $390 per month, Step 1. Councilman Miller moved that the tax rate be set at $1.55 with the $.05 increase being ear - marked for a public bus system. Mayor Davidson stated that he believed that bus transportation was important to the City, but that he did not second the motion because he felt that he would not be acting in good faith inasmuch as the Council has requested the citizens committee studying the bus matter to make studies and prepare recommendations as to the best method to start a bus system. 4. At this time the City Council considered the passage to print of Ordinance No. 269, an ordinance levying a tax for the current fiscal year 1963 -64 upon all taxable prcperty -rithin the City of San Luis Obis? o, and fixing ' the rate of such tax. Councilman ?Miller stated that he believed the tax rate should be increased by $.05 in order to facilitate the establishment of a bus system for the City. Councilman Miller moved that the tax rate be set at $1.55 with the $.05 increase being ear - marked for a public bus system. Mayor Davidson stated that he believed that bus transportation was important to the City, but that he did not second the motion because he felt that he would not be acting in good faith inasmuch as the Council has requested the citizens committee studying the bus matter to make studies and prepare recommendations as to the best method to start a bus system. City Council Minutes August 19, 1963 Page -2- He also stated that the Council recommendation was to have a straw ballot so that citizens will be able to voice an opinion as to whether they want a bus system or not. Councilwoman McNeil agreed with Mayor Davidson. The motion died for the lack of a second. ' On motion of Councilman Whelchel, seconded by Councilman Miller, Ordinance No. 269 was passed to print on the following roll call vote: AYES: Clay P. Davidson, Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: R. L. Graves, Jr. 5. At this time the City Council considered the final passage of Ordinance No. 264, an ordinance establishing an official setback line on Broad Street. D. F. Romero, City Engineer, presented a map of the proposed setback line on Broad Street and explained the effect on adjoining properties and pointed out that the setback line would apply to properties within the City on the west side, but would be only advisory to properties on the east side outside the City limits. Mayor Davidson stated that his primary objection was to the poor design of the intersection of Orcutt Road and Broad Street, which he believed would make it very difficult for trucks to make tine turn. Mr. Romero stated that the intersection had been designed using the Division of Highways truck turning templates and could handle the largest trucks. ' Councilman Miller agreed with the Mayor, stating that he believed this was a very dangerous intersection and is very hazardous and the County has done absolutely nothing to correct this and it's about time something is done to this intersection. He suggested that the City Council approve this setback line, subject to the City Engineer redesigning the intersection. He then stated that the City should get some help from the County, as this is a County road and some help should be forthcoming as the City residents pay a large share of the County taxes and the County should help in this matter. On motion of Councilman Miller, seconded by Councilwoman McNeil, that the City Council approve the setback line on Broad Street and request that the City Council meet with the County Board of Supervisors and Mr. Gallagher to study the realignment of Orcutt Road at Broad Street. Councilman Whelchel stated that when he was a member of the Planning Commission he suggested that the Orcutt intersection be realigned to handle large trucks, but then after study, he was sure that even large trucks could make this turn and further, he believed that very few large trucks would be coming from Arroyo Grande and making a right turn on Orcutt Road. Mayor Davidson stated that the Council should keep in mind that they are planning streets and intersections for a period of 10 to 12 years from now and that the City Council should not allow deficient designs of street inter- , sections at this time du= to the potential growth in this area. Councilman Whelchel agreed with the potential growth., but that he was sure the City growth would require an adequate access to the center of the industrial area and not use Orcutt Road which is on the north end of the area. Mr. Ed Davin, Laura Scudder Company and representative of the Chamber of Commerce, agreed with Mayor Davidson stating that he was for better design of streets for truck access to the Orcutt Road and the industrial area. Councilman Miller and Councilwoman McNeil withdrew their motion and second. On motion of Councilman Miller, seconded by Councilwoman McNeil, Ordinance No. 264 was finally passed on the following roll call vote: City Council Minutes August 19, 1963 Page -3- AYES: Clell [:. Vhelchel, Donald Q. Miller, Miss Margaret McNeil NOES: Clay P. Davidson ABSENT: R. L. Graves, Jr. Citv Attorney Houser explained the provisions of Ordinance No. 264 and just what was being enacted by the Council at this time. ' On motion of Mayer Davidson, seconded by Councilman Miller, that the City request a meeting with the Board of Supervisors to study this intersection and suggest changes in the design. Motion carried. City Attorney Houser stated that he believed it would be better for the City Engineer and Mr. Gallagher, County Road Commissioner, to meet prior to the meeting of the Supervisors and Council so that basic proposals can be made to the Supervisors and Council. No objection by Council. Mayor Davidson suggested that future street widening on Broad Street should be set at '64' roadway curb and curb. City Engineer Romero pointed out that this would narrow the sidewalk area to 8 feet which would not comply with the standard street sections previously adopted. On motion of Mayor Davidson, seconded by Councilman Miller, that future street widening on Broad Street be set at 64" roadway curb and curb. Motion carried. X. Mr. W. Florv, Superintendent of Parks and Recreation, appeared before the City Council and extended an invitatior to them to attend a barbeque on Thursday, August 22, 1963, to be given by the Youth Corps. The Council accepted. 6. On motion of Councilman Miller, seconded by Councilman Whelchel, Ordinance ' No. 266, an ordinance establishing speed limits on Madonna Road, was introduced for final passage. Finally passed on the following roll call vote: AYES: Clay P. Davidson, Miss Margaret McNeil, Donald 0. Miller, Clell W. Whelchel NOES: None ABSENT: R. L. Graves, Jr. 8. At this time D. F. Romero, City Engineer, presented plans and specifications for the improvement of Parking Lot #1 and explained the improvements to be made. The lot is to have 123 parking spaces and will be completely landscaped at an estimated cost of $10,500.00. On motion of-Councilman Miller, seconded by Councilwoman McNeil, that the plans and specifications be approved and the City Engineer be instructed to call for bids. Motion lost on the following vote: AYES: Miss Margaret McNeil, Donald Q. Miller NOES: Clay P. Davidson, Clell W. Whelchel ABSENT: R. L. Graves, Jr. Mayor Davidson stated that the new traffic pattern, he believed, would be a detriment to traffic flow on Morro Street and recommended that the City go back to the original plan which had been presented by the City Engineer. On motion of Mayor Davidson, seconded by Councilman Whelchel, the City Engineer was authorized to call for bids on design "A" as soon as plans have been revised. Motion carried. Councilman Miller voted no. 7. At this time the City Council held a public hearing on the Perozzi Annexation No. 2. 1 1 1 City Council minutes August 19, 1963 Page -4- Mayor Davidson declared the public hearing open. Jerry Warren Yellow Cab Company, appeared before the City Council requesting that some provision be made for the setting of taxi cab rates on all annexations as they come in the City. R. D. Miller, Administrative Officer, stated that there are 16.325 acres involved in the annexation. Mayor Davidson declared the public hearing closed. On motion of Councilman Whelchel, seconded by Councilman Miller, the following ordinance was introduced. Ordinance No. 272, an ordinance approving the annexation of certain uninhabited territory, designated "Perozzi Annexation No. 2" to the City of San Luis Obispo. Passed to print on the following roll call vote: AYES: Clay P. Davidson, Miss Margaret McNeil, Donald Q. Miller, C1ell W. Whelchel NOES: None ABSENT: R. L. Graves, Jr. 9. D. F. Romero, City Engineer, presented plans and specifications for an access road to Laguna Park from Madonna Road and a parking area. He stated that the estimated cost of the project is $13,000.00. He explained just what was being proposed in the plans and specifications: width of road, route, parking and boat area. On motion of Councilman Miller, seconded by Councilman Whelchel, the plans and specifications were approved and the City Engineer was instructed to call for bids. Motion carried. 10. Council consideration of passage of resolution requesting relocation of 101 business route sign from Santa Fe Road to Prado Road instead of waiting for meeting with Mr. Foley on September 5th. Reason for acting now: American Association of State Highway Officials who approve these signs meet only twice a year and agenda for October meeting is being prepared now. Mayor Davidson suggested that this matter be held for study and discussion with the District Engineer and if the Council wished to make this change, the resolution can be presented at the spring meeting. Councilman Whelchel agreed with Mayor Davidson that this matter be held for discussion with the District Engineer and further study. Held over to joint meeting with District Engineer. 11. D. F. Romero, City Engineer, presented plans and specifications for restrooms at Sinsheimer Park. He presented the following cost estimates: #1. Block construction, 2 water closets, 1 sink, each, men & women $8,850 02. Tilt up construction, 2 water closets, 1 sink, each, men & women $9,150 #3. Pre -fab construction, 2 water closets, 1 sink, each, men & women $9,822 D. F. Romero, City Engineer, recommended Item #1. On motion of Councilman Miller, seconded by Councilman Whelchel, plans and specifications along the line of Item #1 were approved and the City Engineer was instructed to call for bids. Motion carried. Y. The following communication from E. P. Thompson, Water Superintendent, regardinL the request of R. C. Skinner Corporation for interpretation of water charges, was presented to the City Council. City Council Minutes August 19, 1963 Page -5- "The sole question here involved is the collection of acreage charges, set forth in Resolution No. 1118 (1963 Series), for parcels of land not receivf4g regular water service prior to April 29, 1963. "On March 1, 1962, I wrote a letter to Ray C. Skinner's agent stating that water would be supplied to each parcel in Tract No. 258 without exception upon demands in conformity with the Municipal Code of the City of San Luis Obispo. "Section 7410, Statement of Police, paragraph three of the Municipal code states ' as follows: 'Applications for service to premises for which a service connection has already been installed may be made as set forth in this Part. Such application will signify the customers' willingness and intention to comply with these regulations and to all modifications thereof, and to new regulations or rates duly adopted, and to make payment for water service rendered. Service will be started and discontinued without charge and no deposit will be required to establish credit for regular service.' From the face of Mr. Skinner's letter he is requesting a determination of the meaning of, 'not previously served.' The Municipal Code defines two types of water service as follows: Section 7410.1 'Regular service: Water service rendered for normal domestic, commercial, industrial and irrigation purposes on a permanent basis and for whichthe general rates and regulations are applicable.' 'Temporary service: A temporary service is one especially installed for con- struction work, single season irrigation and other uses.' Ilse Code requires a deposit in advance for this type service. ' The Code provides that temporary service connections shall be terminated within six months after installation unless an extension of time is granted in writing by the Water Department. Ray C. Skinner Corporation, after completing street mains in Tract 258, paid ten dollars per dwelling under construction for temporary water use for dwelling construction only. The steps by which I reached my conclusion that acreage charges should be assessed in this case are as follows: 1. As early as March, 1962, Ray C. Skinner Corporation was advised that water service would be rendered in conformity with the Municipal Code. 2. It is a well established fact that all persons in the construction business following reasonable and prudent practice should keep themselves fully informed of all existing and future local, state and national laws and all municipal ordinances which in any manner affect those engaged in construction work. 3. A perusal of Section 7140 of the Municipal Code shows that regular service will be started and discontinued without charge and that temporary service requires payment in advance before service is started. 1 4. Payment for water service by Ray C. Skinner Corporation was for temporary service for dwelling construction only and the subdivision was not 'previously served.' 5. If the Council refunds the acreage charges to Mr. Skinner, then every existing vacant lot which received water frora the City during the course of constructing a subdivision has also been previously served and should likewise be exempt from the acreage charge." On motion of Mayor Davidson, seconded by Councilman Miller, thhat the Water Superintendent's decision be upheld in this matter, and Skinner protest be denied. Motion carried. Z. At this time Mr. John Ross. Architect, presented two sketches for improving the drainage from the roof of the City Hall building. City Council Minutes August 19, 1963 Page -6- He recommended the proposal involving the cutting of the parapet be accepted as he believes this will be the only permanent solution to the roof leak problem, This proposal consists of removal of the roof tile, remopping roof, replacing tile with overhanging and add gutters and down spouts. He presented the following cost estimates for this proposal: Roofing $59455.00 Scaffolding $1,500.00 ' Sheet Metal $19280.00 Gypsum-Material 96.00 Labor 87.00 Re- landscaping 85.00 Labor to cut parapet, etc. $4,332.00 TOTAL $12,835.00 Mayor Davidson stated that he believed that the City should fix the roof once and for all and repair it properly in order to avoid continued maintenance and repair. City Attorney Houser suggested that whatever plan is approved, that the City should request at least ten (10) year warrant on workmanship and material. Peter Chapman, Director of Planning & Building, recommended that Mr. Ross's proposal be accepted. On motion of Councilman Whelchel, seconded by Councilman Miller, that the gutter detail be accepted and that the Architect be authorized to prepare plans and specifications. Motion carried. ' The City Council again discussed the following recommendations of John Ross, Architect, for improvements to the City Hall, with the Architect, who explained reasons for his recommendations and presented cost estimates as follows: 2a. Civil Defense Chief's Office in basement Heating, electrical, suspending ceiling, painying, flooring, and carpentry. Estimated cost $2,515.00 2b. Lighting of first floor of City Hall, approximately 50 new fixtures, and the 60 existing, renovated and /or moved. Patch and paint 10,500 square feet acoustical ceilings. Estimated cost $9,800.00 2c. Provide duct exhaust system. Estimated cost $5,200.00 2d. Redecorate Civil Defense Office. Redecorate and modify Administration Offices, Attorney's offices, and Planning & Building Department. Estimated cost $2,060.00 On motion of Mayor Davidson, seconded by Councilman Whelchel, the architect was instructed to prepare plans and specifications on the following items as modified. 2a. Less flooring 2b. with minimum number of new fixtures (approximately 20) 2c. as presented ' 2d. as presented Motion carried. Mr. Ross recommended that the program be divided into two units: First unit - roof repair Second unit - balance of work in City Hall, Items 2a, 2b, 2c & 2d. 22. Communication from James Frisby notifying the City Council that three feet (31) of his building lies on City owned land at 1629 Johnson Avenue and requested that City Council sell him enough land to give him the necessary legal clearances. The City Council discussed the proposal and suggested that the City Attorney be assigned to negotiate with Mr. Frisby for exchange or sale of land needed City Council Minutes August 19, 1963 Page -7- by Mr. Frisby. City to gain needed property for street widening. 29. The following communication from Madonna Construction Company regarding the grease problem at the Madonna Inn was presented to the City Council: "Receipt is acknowledged of your letter dated August 14, 1963, which confirms the action taken by the City Council with regard to the grease content of the sewer effluent at the Madonna Inn. As instructed, we are writing to notify you of our intention regarding this matter. "On Monday, August 19th, we expect to receive test results from the laboratory on a sample we submitted this week. Should these results indicate failure of the new grease trapping devices we have installed since the City's last test, we will retain the services of a hydraulic engineer to investigate and aid in the solution of maintaining a properly functioning sewage system at the Madonna Inn. "The Council is further advised that we will proceed during the week of August 19th, 1963, with installation of the new sewage lift station, and will advise the Council in writing concerning the schedule of work and expected date of completion. "In this same connection, we are enclosing for your information, a copy of our letter written on August 15th to the City Engineer, which explains in further detail our previous attempts to assist in correction of this problem." Mr. Fauset, Construction Superintendent at the Madonna Inn, appeared before the City Council stating that additional tests of the sewer effluent had been made but that the laboratory report had not been returned as yet. D. F. Romero, City Engineer, reported that his staff had made some additional investigations and that a visual inspection of the lift station showed that the grease contents had been reduced somewhat and that he would await the test results prior to taking further action. At this time the City Council discussed the merits of making additional sewer tests throught the City to see if there are additional violators, particularly as to the grease condition of the sewer effluent. On motion of Councilman Whelchel, seconded by Councilman Miller, the City Engineer's office was requested to start a program of checking sewer effluent for grease content. Motion carried. 14. At this time the City Council again considered the extension agreement between the City of San Luis Obispo and the Chamber of Commerce. Mr. Ed Davin appeared before the City Council on behalf of the Chamber of Commerce stating he was only in attendance to report back to the Chamber the Council's action on this matter. City Attorney Houser explained to the Council the request of the Chamber of Commerce to remove from the contract the requirement of the City that the Chamber maintain a separate bank account for money received from the City, for upon request by the Chamber, they simply transfer it to their General Fund. 1 Mr. Houser explained that actually the City pays the Chamber on billing for services accomplished in the prior month. On motion of Councilman Miller, seconded by Councilwoman McNeil, that the contract be changed as requested. The City Council also asked that the Chamber be reminded to comply with the Council's request of submitting a monthly financial statement of the Chamber's operations. 12. At this time the City Council considered the suggestion that R. C. Skinner, developer of Laguna Park Homes, be asked if he would donate land for a new fire station if the City would buy additional land needed for a training facility. Mayor Davidson stated that he did not believe that this is a good move by the City Council as he does not believe that the City should ask anyone to give 1 1 City Council Minutes August 19, 1963 Page -8- land or anything else to the City; if given as a gift, fine, but the City should not ask for a donation. Councilman Whelchel stated that apparently the Fire Department needs a training facility and that it should be in this area and should be in connection with a fire station, and that the developer should give a site for the fire station if the City would put in the training site. Councilman Miller stated that he believed that if the City needs the land for a fire station, then the City should purchase the land needed and not ask anyone to give up valuable land. Fire Chief Schlobohm suggested that maybe Mr. Skinner, developer, could be approached to see if he would reserve land for future purchase by the City for construction of a fire station and training facility. Mayor Davidson stated that he does not believe that the Council or staff should approach any subdivider for a gift or donation of land to the City for its use, particularly when the subdivider is asking the City to annex property and approve subdivisions in which he is interested. On motion of Councilman Miller, seconded by Councilwoman McNeil, City Attorney Houser was instructed to contact Mr. Skinner to see if he would like to set aside a parcel of land for future purchase by the City for development of a fire station. Motion carried on the following vote: AYES: Miss Margaret McNeil, Donald Q. Miller, Clell W: Whelchel NOES: Clay P. Davidson ABSENT: R. L. Graves, Jr. 13. Mr. Peter Chapman, Director of Planning & Building, presented a letter from Dale R. Gatlin, Civil Engineer, who recently checked the plans of the City Library regarding the mezzanine floor problem. Mr. Chapman reviewed Mr. Gatlin's investigation and recommendation that the whole library structure be examined by an engineer. He suggested that the City retain Mr. Robert Williams, Engineer, to make the inspection as recommended and stated that Mr. Williams is willing to investigate and report on this matter for $200.00. D. F. Romero, City Engineer, stated upon question that he knows N.Ir. Williams and stated that he is competent and well qualified to make this inspection. On motion of Councilman Miller, seconded by Councilman Whelchel, that Mr. Robert Williams be asked to submit a proposal to the Council for making a structural inspection of the Library building. Motion carried. 23. At this time Mr. John Evans, representing the opponents to the Dollie Adams' planned development for student housing, appeared before the City Council requesting that the City Council hold over the hearing of September 3rd, 1963, to September 10, 1963, as seven persons from their committee will. be on vacation on the 3rd of September. Mayor Davidson stated that the proponents have been notified that the hearing will be on September 3, 1963, and the advertisement is set for August 20, 1963, and it would be difficult to change at this time. The City Council considered the request of Mr. Evans to hold the hearing on September 10, 1963. Councilman Miller suggested that the proponents be contacted to see if they would agree with the postponment to September 10, 1963. On motion of Councilman Miller, seconded by Councilwoman McNeil, that the request be made of the proponents to defer to September 10, 1963;, the public hearing on the Dollie Adams' planned development hearing. If they do not agree to postpone the hearing, it will be heard on September 3, 1963. Notion carried. City Council Minutes August 19, 1963 Page -9- 15. Traffic Committee Report of Auaust.13, 1963._ 63 -8 -5C The Traffic Committee has studied the traffic congestion problem on Foothill Boulevard at the entrance to the College Square Shopping Center and feels that to be effective, 175 feet of red zone would have to be placed on the entire section of old curbing on the south side of Foothill. We so recommend. 63 -8 -9T It has been called to our attention that many pedestrians have a ' difficult time crossing Marsh at Carmel, and if the Council has no objection, we recommend that a resolution be passed approving a crosswalk across Marsh, east of Carmel, subject to concurrence by the Division of Highways. 63 -8 -10T The Traffic Committee has received a request that the unmetered green zone in front of the Hewson House be replaced with a white loading zone for safety's sake in case of a fire and the crush of human bodies pouring out of the residence hall. The Committee recommends that this change be made. On motion of Councilman Miller, seconded by Councilwoman McNeil, the following resolution was introduced. Resolution No. 1174, a resolution establishing a no parking zone on Foothill Boulevard, a cross walk on Marsh, and a passenger loading zone at the Hewson House. Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: R. L. Graves, Jr. 63 -8 -6C The request of the resident at 1329 Chorro Street to provide for parking restrictions in this block and to eliminate parking across the street 1 from her driveway has been studied. However, we are reluctant to recommend parking restrictions in this block which is still predominantly residential and feel that this would merely drive the all -day parkers out further. Mayor Davidson stated thathe believed that as this property is in the parking district, that some relief should be given to the property owners living in the area so that they may use their property. Request that this matter be re- referred to the Traffic Committee with instructions to study two (2) hour parking restriction in this block. 63 -8 -7C In regard to the request of Mrs. John Jones for an exemption from the two hour parking limit restriction in front of her apartment, the Committee does not feel that such an exception should be granted. The two hour time limit in this block was installed by the Council only after receiving a petitic from the vast majority of the residents and professional office tenants in this block. On motion of Councilman Miller, seconded by Councilwoman McNeil, that the recommendation be accepted and that a public hearing be set for September 16, 1963. Motion carried. 16. Legal opinion of W. M. Houser. City Attorney, regarding the Central Church of Christ's request for reimbursement for removal of dirt from their property, as a part of the Johnson Avenue Street widening program, was ordered hold over to the meeting of September 16, 1963. Recommendation approved on motion of Councilman Miller, seconded by Mayor Davidson. 63 -8 -8T Going back to an old problem which was brought to mind because of the difficulty in entering Johnson Avenue from Breck Street, the Traffic Committee feels that traffic flows and resultant congestion on Johnson Avenue have ' reached the point where a red zone should be installed on the west side of Johnson, extending in a southerly direction from the southerly property line of 1673 Johnson Avenue as far as the southerly sign now reading "No Parking during school hours." We feel that this restricted zone should be effective at all times. Since this is a residential area, it is suggested that a hearing be set and the City Clerk notify the property owners before the matter is acted upon. On motion of Councilman Miller, seconded by Councilwoman McNeil, that the recommendation be accepted and that a public hearing be set for September 16, 1963. Motion carried. 16. Legal opinion of W. M. Houser. City Attorney, regarding the Central Church of Christ's request for reimbursement for removal of dirt from their property, as a part of the Johnson Avenue Street widening program, was ordered hold over to the meeting of September 16, 1963. City Council Minutes August 19, 1963 Page -10- 17. Communication from John Klinger, California Men's Colony, requesting delivery of water from the Whale Rock to their establishment for the balance of this calendar year, was discussed by the City Council. Mayor Davidson stated that he believed there was some problem regarding the fulfillment of this request due to the installation of the new pumps on the Whale Rock conveyance conduit during the months of November and December. Mr. E. P. Thompson, Water Superintendent, requested Council permission for him to-negotiate with the County Hydraulic Engineer, Robert Born, for use of Salinas Dam water during the months of November and December to fulfill the request of California Men's Colony when the new pumps are being placed on the Whale Rock transmission line are will be shut down during this period and should be completed by February, 1964. On motion of Mayor Davidson, seconded by Councilman 4helchel, that Mr. Thompson be authorized to negotiate with Mr. Born regarding this matter and also to negotiate with the army on a delay of their repair project on the Salinas Dam line until the new pumping plant units were installed at Whale Rock. Motion carried. 18. The City Council discussed the possible leasing of the mineral rights on the City owned property at Lopez Canyon. J. H. Fitzpatrick, City Clerk, presented a letter from the Standard Oil Company of California asking that if the City Council intends to lease the property, that they wished to be notified when bids would be received, etc. W. M. Houser, City Attorney, stated that before the mineral rights could be leased, the City Council should review its lease with the Boy Scouts of America in order to protect their use of the property. Secondly, the City should meet with the Sinsheimer interests to see what agreement had been reached by them on the other half of the mineral rights on this property. ' Mr. Houser also explained items that the City should look into prior to leasing any land for oil speculation. On motion of Mayor Davidson, seconded by Councilman Miller, the matter was referred to the City Attorney for investigation and preparation of a report and recommendation to the City Council for action. Notion carried. 19. Mayor Davidson stated that he believed the City should retain a qualified traffic engineer or engineers to make a study and report on recommendations to the City Council for redesign of Chorro Street from Neinecke Street to Foothill Boulevard and across Foothill and particularly the Chorro- Foothill intersection for improvement at the time Foothill is improved and widened. Councilman Whelchel stated that one solution was to extend Broad Street to North Chorro Street at Foothill Boulevard, and cul de sac Chorro at Foothill. However, he suggested that the City Council should wait until the Division of Highways has made a decision on the relocation of Highway No. 1 which may eliminate the problem as this might be included in one of their routes. On motion of Councilman Miller, seconded by Mayor Davidson, that the City solicit proposals from a qualified traffic engineer to make a study of the Chorro- Foothill intersection. Motion carried. Councilman Whelchel voted no. R. D. Miller, Administrative Officer, suggested that Jack Faustman is a traffic engineer who has done some other work for the City and is well qualified for this work. D. F. Romero, City Engineer, recommended George Pearson as another engineer who has done work for the City and is well qualified to undertake this study. Council instructed the staff to get together and solicit a proposal from a qualified individual. 20. Communication from the R. C. Skinner Corporation requesting final acceptance of Tract No. 258, was dropped from the agenda. 21. On motion of Mayor Davidson, seconded by Councilman Whelchel, the Mayor was authorized to accept and record on behalf of the City a covenant regarding parking places for Laguna Apartment Ilssociates and the City of San Luis Obispo. City Council Minutes August 19, 1963 Page -11- ------------------------------ Councilman Miller left the meeting at 11:10 P. M. 23a. Communication from the Planning Commission notifying the City Council of its intention to initiate rezoning from U to R -1, Tract No. 317, Ann Arbor Estates, 1 was ordered received and filed. 24. Communication from the Chamber of Commerce requesting permission to display bicycles in a parking space on Higuera Street at Meter No. 814 in front of the J. C. Penney Store, was approved on motion of Mayor Davidson, seconded by Councilman Whelchel. Motion carried. 25. Claim against the City by Lloyd E. Lazard was referred to the City's insurance carrier. 26. Communication from D. F. Romero, City Engineer, regarding work that has been done by the Youth Corps during the weeks of July 29 through August 3, and August 5 through August 10, 1963, was ordered received and filed. 27. Communication from the City Planning Commission regarding the State Housing Law, was ordered received and filed. 28. Notice from the Division of Highways reporting that the final work at the Madonna Road interchange was completed on August 15, 1963, was ordered received and filed. 30. Communication from R. A. Miller, Superintendent of Southern Pacific Comaan requesting a meeting with City representatives on August 26th in connection with the Mill Street and Phillips Street crossing. Request was approved by the City Council. ' 31. Communication from Robert D. Wendt, Attorney on behalf of Mr. & Mrs. Raymond J. Kelly, protesting the location of a street light installation in front of their property at 498 Lincoln Avenue, was referred to the Traffic Committee. 32. Memorandum from 0. J. Gullickson, Assistant Director of Civil Defense, notifying the City Council of the California Civil Defense and Disaster Association meeting to be held in Santa Maria on September 19 -21, 1963. On motion of Mayor Davidson, seconded by Councilwoman McNeil, Conmaader Gullickson was authorized to attend the meeting. Motion carried. 33. Mr. W. M. Houser, City Attorney, reported to the City Council on the meeting to be held August 23rd in San Francisco by the Fish and Game Commission, at which time they will discuss the action to be taken to force the planting of fish at the Whale Rock Reservoir. Mr. Houser repored that he had written to the State.Department of Finance, California Men's Colony, and California State Polytechnic College for their thinking for the best approach to this meeting and apparently all representative: contacted thought that Mr. Houser should attend the meeting and protest on behalf of the Commission. Mr. Houser suggested that he and Mr. Thompson, Water Superintendent, be allowed to go to San Francisco to represent the Whale Rock Commission. Mayor Davidson questioned the need or necessity of Mr. Thompson going to the meeting as he believed that the matter was a legal matter and not an operational matter. Mr. Houser answered that this was possibly true, but there was a possibility that many operational questions might arise and that Mr. Thompson's presence would be required to answer questions regarding the operation. On motion of Mayor Davidson, seconded by Councilwoman McNeil, the request was granted. 34. Councilman Whelchel reported to the City Council on his investigation of the request by the Veterans of World War I to allow a Walter Baxter to solicit advertising in the City of San Luis Obispo which would be placed in a brochure or bulletin listing veterans' benefits for the use of veterans in the community. 1 LJ City Council Minutes August 19, 1963 Page -12- Councilman Whelchel continued that in his investigation the split between the veterans organization and the promoter was quite unrealistic and recommended that the solicitors be treated like any other business and pay their license fee. He further recommended that the Council deny this request as the veterans do not receive adequate compensation for the use of their name and this promotion would not do the veterans any service. On motion of Councilman Whelchel, seconded by Mayor Davidson, the request of the Veterans of World War I was denied. Motion carried. On motion of Mayor Davidson, seconded by Councilwoman McNeil, the meeting adjourned at 11:50 P. M. Approved: September 16, 1963 �'� H F- I ZPATRICK, CITY CLERK