HomeMy WebLinkAbout11/26/1963ADJOURNED MEETING OF CITY COUNCIL
November 26, 1963 - 7:30 P.M.
CITY HALL
Invocation was given by Mayor Clay P. Davidson.
Roll Call
Present: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald Q. Miller, Clell W. Whelchel
City Staff
Present: J. H. Fitzpatrick, City Clerk; W. E. Flory, Park and Recreation
Director; W. M. Houser, City Attorney; R. D. Miller,
Administrative Officer; D. F. Romero, City Engineer; Battalion
Chief Dixon, Fire Department; Captain Rogers, Police Department.
1. D. F. Romero, City Engineers explained the state of construction at the
sewer plant and said that major items had been completed and that the balance
of the project, which consists of very small cleanup items, would be completed
by the middle of December.
Mr. Romero continued that the contractor had asked if it were possible to
receive his final payment prior to the end of the fiscal year which would be
a help to him in his accounting, etc.
Mr. Romero stated that he could see no objection and recommended that the
City Council accept the sewer plant as completed with the final payment to
be made on December 31, 1963.
Councilman Miller stated that he objected to this proposal as it has never
been done by the City before for anyone else and he believed the final
approval should not be made or payment authorized until the plant was completed
and a final inspection made by the City Council.
Councilman Miller moved that the approval of the final payment be deferred
for one week until the Council has had an opportunity to inspect the rlant.
Motion died for the lack of a second.
Councilman Whelchel stated that he was not an engineer and that ever t..•` he
inspected the plant he would not know if it were properly constructs: a�?
would depend on the City Engineer that the plant was constructed in
with plans and specifications.
Mayor Davidson stated that the City Council had hired a competent engineering
firm of Paul Adamson to inspect the sewer plant construction and he was -re
that if anything was wrong with the plant during construction, it would %,.,ve
been brought to the Council's attention and further, he had confidence
Mr. Romero and Mr. Adamson and that the City should accept the recommene-: -:ion
of the City Engineer.
Mr. Houser, City Attorney, suggested that the Council set a deadline fo:: he
final clean up and construction at the plant. He suggested fifteen
-lays and further, that the City Council approve the final paymenr at thf.-
.ime subject to the following conditions:
' That the City Council personally inspect the plant.
2. That the contractor complete all unfinished items prior to December 16th.
1. 3. That the Federal Government be contacted to see if they wished to Lu:kke
an inspection prior to final payment.
Estimate #15 is for $19,196.23 and Estimate #16 (final - to be paid Dcc! ^ -'.)er
31, 1963) is for $90,771.78.
;
On motion of Councilman Graves, seconded by Councilwoman McNeil, the
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recommendation of the City Attorney was accepted. Motion carried.
2. On motion of Councilman Miller, seconded by Councilman Graves, the Deed from
the McMillan Estate for a sewer easement, part of the Yoakum Assessment
District, was accepted and Mayor Davidson was authorized to accept and record
the Deed of Easement on behalf of the City. Motion carried.
City Council Minutes
November 26, 1963
Page -2-
3. Discussion by Chamber of Commerce representative on itinerant photographer
problem was held over to the meeting of December 2, 1963.
4. R. D. Miller, Administrative Officer, presented a petition from the residents
of Albert Drive and Chaplin Lane requesting installation of street lights by
the City.
There seemed to be a clear cut preference for ornamental street lighting
with overhead wires contrasted with wooden poles. The cost would run about
$17.50 on Chaplin Lane and $20 on Albert and McCollum if all property owners
participated. Mr. Willer requested authority to write each property owner
asking for $25 contribution.
On motion of Councilman Graves, seconded by Councilman Whelchel, the
Administrative Officer was authorized to proceed on the installation as
requested. Motion carried.
X. Mayor Davidson brought to the City Council's attention the matter of
Mr. Thomas A. Johnston who has applied tc the City for a permit to operate
a taxi cab and due to the fact that it takes approximately thirty (30) days
for a license to be issued due to the investigation by the State and F. B.
Mayor Davidson asked that a temporary permit be granted until the final polic::.
check has been completed.
The Mayor continued that Mr. Johnston's mother and sister, who teaches in the
San Luis Obispo high School, are residents of the City. He urged that a
' temporary permit be issued as this man has a. job offered and needs the work.
Mayor Davidson presented a letter of recommendation for Mr.. Johnston from the
American Garages of California located in Los Angeles, California, stating
that Mr. Johnstcn had been employed by this firm and they would be vary
pleased to hire him again.
Captain Rodgers of the Police Department explained to the City Council the
procedures used by the Police Department in processing taxi cab drive- permits
and recommended that ne special consideration be given this applicant -r ot :iar
applicants in order that the Police Department may adequately process thn
applications.
Councilman Graves agreed that the thirty (30) day waiting period required by
the Municipal Code is a good one as it safeguards the general public of the
City.
Mayor Davidson stated he saw no need for the thirty (30) day delay in i= ;suing
temporary permits when part of the information received from Sacramento :.rows
that the man has a clean record, and further a temporary permit would n,..
hurt anyone as the man needs the job and one has been offered.
councilman Whelchel stated that he could see no reason to grant an excep,'.on
�n this case or other cases, as the Ordinance is written to protect both she
public and the cab operator and the Ordinance should be followed.
1 Mr. Thomas A. Johnston appeared before the City Council. stating That he now
possesses an approved taxi driver's permit from the City of Los Angeles; and
that he needs a job desperately, that he has a job offered locally and huped
that the City Council would grant him a temporary permit in order to takp
this position.
Councilman Graves suggested that the City's Taxi Committee look into
matter of driver application and possibly suggest changes to the Counc_1.
On motion of Councilman Miller, seconded by Councilman %elchel, that no
change be made in the present policy and that in this matter the Police
Department adhere to the existing policy. Motion carried.
Mayor Davidson stated that this ordinance protects the City, but does not take
into account the rights of the individual who must wait thirty (30) days before
going to work.
City Council Minutes
November 26, 1963
Page -3-
On motion of Councilman Graves, seconded by Councilwoman McNeil, that the
entire Taxicab Ordinance be referred to the Taxi Committee for study with
particular emphasis on that part dealing with driver applications.
5. The following communication was received from Dr. Bertrand Tenenbaum:
"We purchased a corner lot at 1494 Mill Street, for the purpose of construct-
ing a medical office, subsequent to the hearing on sidewalk construction on
the California Street side of the property. The former owner gave us no
information regarding the sidewalk construction; and, in fact, we were notified
of the twenty -four hour deadline regarding installation plans only yesterday.
We have no objection to the requirement and want a sidewalk but we are in
somewhat of a predicament with regard to time. We understand that we do have
an alternative of building a retaining wall. Inasmuch as we have not had time
to consult with a builder and had not planned to consult with a builder until
other matters; such as having the existing building condemned (this has been
requested) and making arrangements for its removal, we do not have the know-
ledge to determine which of the alternatives the physical nature of the lot
and proposed construction. and decor will tolerate best.
In view of the above mentioned facts, we respectfully request and petition for
a six month extension in time in order to consult contractors and draw up
plans."
D. F. Romero, City Engineer, presented a map showing the proposed improvement
on California Boulevard and pointed out that this is the most critical parcel
that needs improvement in the area.
Dr. Tenenbaum appeared before the City Council on behalf of his requested delay
On motion of Councilman Whelchel, seconded by Councilman Graves, the request
of Dr. Tenenbaum was approved and he was granted a six (6) months delay in
placing the sidewalk in order to prepare plans for construction.
6. The discussion of a community spruce -up program was ordered held over to
December 2, 1963.
7. The City Council, at the request of Councilman Miller, discussed the pos.::bilitN
of the City purchasing filing cabinets and loaning them to the Council members
in order that the Council members may have an adequate place to keep the-.?-
City records, reports, etc. These cabinets are to be returned to the C3.::
at the time the members leave the Council.
Councilman Miller stated that since he has been on the Council he has
accumulated a number of files and papers dealing with his official capae ty
as Councilman and suggested that a filing cabinet be authorized so that these
papers may be filed and cared for adequately.
Councilwoman McNeil agreed that this would be a good proposal as she too
maintains extensive files dealing with Council matters.
Councilman Graves stated that he believed it was a good suggestion as in a very
short time the Council members become overwhelmed with papers and reportF
dealing with Council work and most Council members do not have adequate places
to file these papers.
Mayor Davidson stated that he had his own files and would not need a file
from the City.
Councilman Whelchel also stated that he would not need a file for his use.
stating that he
office at this
is presently having
location and that at
plans prepared for construction of a new
this time his designers do not know whether
they will need
a retaining wall or not. He further stated he does not wish to
be exempted from placing a sidewalk,
he just wants a delay until his plans
are finalized.
He stated he was sure he would be building within sip_ (6)
months.
On motion of Councilman Whelchel, seconded by Councilman Graves, the request
of Dr. Tenenbaum was approved and he was granted a six (6) months delay in
placing the sidewalk in order to prepare plans for construction.
6. The discussion of a community spruce -up program was ordered held over to
December 2, 1963.
7. The City Council, at the request of Councilman Miller, discussed the pos.::bilitN
of the City purchasing filing cabinets and loaning them to the Council members
in order that the Council members may have an adequate place to keep the-.?-
City records, reports, etc. These cabinets are to be returned to the C3.::
at the time the members leave the Council.
Councilman Miller stated that since he has been on the Council he has
accumulated a number of files and papers dealing with his official capae ty
as Councilman and suggested that a filing cabinet be authorized so that these
papers may be filed and cared for adequately.
Councilwoman McNeil agreed that this would be a good proposal as she too
maintains extensive files dealing with Council matters.
Councilman Graves stated that he believed it was a good suggestion as in a very
short time the Council members become overwhelmed with papers and reportF
dealing with Council work and most Council members do not have adequate places
to file these papers.
Mayor Davidson stated that he had his own files and would not need a file
from the City.
Councilman Whelchel also stated that he would not need a file for his use.
City Council Minutes
November 26, 1963
Page -4-
On motion of Councilman Miller, seconded by Councilman Graves, that the City
purchase legal size filing cabinets upon request of Council members to be
used as long as they are on the City Council and to be returned to the City
when they leave the Council. Motion carried. Councilman Whelchel and
Mayor Davidson voted no.
8. Councilman Miller stated that the City Council should seriously consider
establishing a capital improvement priority list for consideration for
future City development.
Councilman Miller continued that the City Council has considered many major
projects for development, but has never placed these projects and proposals
in any sort of order by applying a priority number to each project so that
some direction can be given by the Council in approving the capital.budget
of the City each year.
Councilman Whelchel suggested that the City Council and department heads should
establish the capital improvement program as they are the ones who are aware:
of the needs of the community:
R. D. Miller, Administrative Officer, explained Larry Wise's portion of the
701 Program dealing with the capital improvement program.
Mr. Miller stated that the Consultant was to work with department heads,
Planning Commission and the City Council in developing program, but this
place had not been given a high priority.
1 Councilman Graves suggested that the City Council ask each department and
department head to submit a list of capital projects to be included in the
capital improvement priority list.
Councilman Whelchel suggested that the City Council urge the Planning
Commission to move along with the capital improvement program of the 701 Study.
On motion of Councilman Graves, seconded by Councilman Miller, that the Citl
Council request a schedule and suggested outline of procedure from the
Planning Commission and Consultant Wise for the capital improvement program.
Motion carried.
9. Request from the City Clerk for correction to the 1963 -64 assessment roll
for a veterans' exemption ptoperty filed for but not allowed due to a clerical
error in the office. Request was approved on motion of Councilman Graves,
seconded by Councilman Whelchel. Motion carried.
10.
The following
report was received
from Peter Chapman, Director of Planning
and Building,
regarding cost estimate for planking the stacks at the City
Library:
"We have obtained an estimate for
supplying finished lumber to provide
2" thick pads
for the book stacks
on the mezzanine floor. The cost will be
approximately
$100.
'
I suggest the
pads be installed by
City employees when the contents of the
stacks are changed. Miss Clark is
agreeable to this procedure."
On motion of Councilman Whelchel, seconded by Councilman Graves, the report
was accepted and the Planning Director was ordered to proceed. Motior_ carries*
11. Communication from Maino Construction Company reapplying for refund on deposit
for plans and specifications for the Water Filtration Plant. Said deposit was
deposited to the City as the plans were returned after the final date.
J. H. Fitzpatrick, Citp Clerk, reported to the City Council on the
specifications advertised for return of plans and specifications and the
date on which the plans were returned.
The City Council discussed this problem.
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City Council Minutes
November 26, 1963
Page -5-
On motion of Mayor Davidson, seconded by Councilman Graves, that the request
be approved and that all requests for refunds from plans returned within
ten (10) working days also be refunded. Motion lost on the following roll
call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr.
NOES: Margaret McNeil, Donald Q. Miller, Clell W. Whelchel
ABSENT: None
12. R. D. Miller, Administrative Officer, presented for the Council's consii)ergtioL
specifications for replacing nine (9) pieces of automotive equipment approved
for in the 1963 -64 budget, and requested Council authorization to advertise
for bids.
The City Council discussed the various vehicles to be purchased and requested
that bids for Item #4, pool car, include an alternate compact type automobile
with 135 h, p.
On motion of Mayor Davidson, seconded by Councilman Miller, the authority
was granted to advertise subject to the alternate on Item #4 for a compact
automobile. Motion carried.
13. Communication from the Calvary Baptist Church requesting annexation to the
City of San Luis Obispo of a parcel of land located at the west end of
Foothill Boulevard.
The City Council discussed the request with representatives of the Calvary
Baptist Church and stated that the Council had no objection to the annexation
and the request was referred to the Water Superintendent and the City Engineer
to cooperate with the property owner for development of costs for sewer and
water development to serve this property. Motion carried.
14. The following report was received from the Planning Commission requesting
sidewalk and setbacks in M zones:
"At your request the Planning Commission discussed the above matters. The
Commission agreed that it would be desirable to have setback requirements
in M zones, but feels that this should be introduced when the zoning
ordinance is rewritten as provided for in the 701 Program.
Meanwhile the Commission suggests that the present policy of requiring a
right of way 20 feet (20') wider than the pavement in M zones should be
continued; with sidevalk widths determined according to local needs."
On motion of Councilman Miller, seconded by Councilman Whelchel, that the
City Council accept the recommendation of the Planning Commission. Motion
carried.
15. Covenant from Standard Oil Service Station, 1741 Monterey Street, to erect
a sign at this location, was ordered held over for property certification.
15b. On motion of Councilman Graves, seconded by Councilman Miller, that
Resolution No. 753 (New_Series) be ameaded as follows: That in each case side -
walk will conform to existiL.. sidewalk in tr> bloc.. • cept that zn no case will
new construction be requLred in excess of the .,animum width standards.
The City Council discussed the motion of Councilman Graves and he explained
and demonstrated his proposal.
Amendment to Resolution No. 1212 was passed and adopted on the following
roll call vote:
AYES: R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller,
Clell W. Whelchel
NOES: Clay P. Davidson
ABSENT: None
City Council Minutes
November 26, 1963
Page -6-
On motion of Councilman Miller, seconded by Mayor-Davidson, that the five
(5) foot sidewalk authorized for Palm Street and Pepper Street remain as
adopted. Motion lost on the following vote:
AYES: Donald Q. Miller, Clay P. Davidson
NOES: Puss Margaret McNeil, R. L. Graves, Jr., Cleli W. Whelchel.'
ABSENT: None
On motion of Councilman Graves, seconded by Councilman Whelchel, that the
resolution authorize a four (4) foot sidewalk on Palm Street and Pepper
Street. Motion carried.
15c. On motion of Councilman lliller,_ seconded by Mayor Davidson, the City
Council was authorized to issue one copy of the Mission Plaza report to
the District Office of the Division of Highways. Motion carried.
16. Communication from the Division of Highways forwarding a revised estimate
of apportionments under Section 2107 and 2107.5 funds for the fiscal year
1963 -64, was ordered received and filed on motion of Councilman Miller,
seconded by Councilman Whelchel.
17. Communication from the Division of Highways notifying the City of the
alternatives to designating the existing major City street system as the
select system in accordance with the requirements of the Collier -Unruh Act.
On motion of Councilman Miller, seconded by Councilwoman McNeil, the
communication was referred to the City Engineer for comment.
'
is. Communication from D. F. Romero, City Engineer, recommending uniform
improvement standards in subdivisions which are being recommended throughout
the County of San Luis Obispo, was set for discussion at the meeting of
December 16, 1963.
19. Mr. D. F. Romero, City Engineer, presented sketches of the proposed design
of Parking Lot #9. The parking lot as proposer? by Vx. Romero would include
26 spaces at an estimated cost of $2,1 0A for minimum improvements.
On motion of Councilman Miller, seconded by Councilwoman McNeil, the City
Engineer was authorized to prepare plans and specifications for design as
presented. Motion carried.
On motion of Councilman Graves, seconded by Councilman Miller, that the
parking cost in Lot #7 and IN be reduced to $4 per month effective when
Lot 19 is opened.
Five spaces in Parking Lot #9 are to be reserved for the County Mmseum.
Motion carried.
20. The City Council set January 6, 1964 for a public hearing for adoption of the
Tree Ordinance.
21. Report by E. P. Thompson. Water Superintendent, on cast iron and asbestos -
cement pipe.
21a. Communication from Johns- Manville Corporation requesting an opportunity to
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present additional information on their product.
Matter was set for discussion by the City Council for Monday, December 16,
1963.
22. Communication from Willett Realty offering to sell two parcels of land to
the City is the area of the proposed Orcutt Road interchange.
On motion of Councilman Miller, seconded by Councilman Graves, the City was
authorized to get proposals from appraisers for evaluation of the Nunes propert:
on Orcutt Road.
City Council Minutes
November 26, 1963
Page -7-
On motion of Mayor Davidson, seconded by Councilman Whelchel, that no action
be taken by the City on parcel one, (Southern Pacific Milling), Santa
Barbara Street. Councilman Miller voted no. Motion carried.
23. Communication from the Veterans of World War I asking permission to hold theft
5th Annual Christmas Show on December 23, 1963.
Request was approved on motion of Councilman Miller, seconded by Councilwoman
McNeil,
Y. At this time the City Council considered the approval of the final map of
Tract No. 290, Johnson Highlands.
City Engineer Romero presented the final map of Tract No. 290 and explained
to the City Council what matters were considered by the Planning Commission
in approving this subdivision.
Mr. Romero reported that the Planning Commission recommended that the City
Council approve the final map of Tract No. 290. He also presented the
subdivision agreement listing the conditions as follows:
1. A deviation in lot area is granted for Lots 1 thru 6 due to the pattern
set and approved in Tract No. 212.
2. A deviation in lot width is granted for Lot 7 because of terrain.
3. The subdivider shall pay the City the sum of $821.80 (2.348 net acres
at $350 per acre) connection charge to the City water system in
' accordance with Section 7410.5.1 of the San Luis Obispo Municipal Code.
4. That in accordance with the State Government Code requirements, a Labor
and Material Bond in the amount of 50% of the off -site improvements shall
be deposited with the City.
Mr. Romero stated that the construction plans and specifications have been
approved and the final map is technically correct and recommended that the
City Council approve the final map.
On motion of Councilman Miller., seconded by Councilwoman McNeil, the following
resolution was introduced. Resolution No. 1219, a resolution approving the
final map of Tract 290, Johnson Highlands.
Passed and adopted on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr.,
Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
On motion of Councilman Graves, seconded by Councilman Miller, the following
resolution was introduced. Resolution No. 1217, a resolution increasing the
1963 -64 budget. (Account No. 211.12, City Eng.- Blaser Fees in the amount of
$990.)
Passed and adopted on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr.
Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
24. Notice that the City Engineer has notified property owners whose properties
are subject to overflow in the sewer line to install the necessary check
valves for their own protection, was ordered received and filed.
City Council Minutes
November 26, 1963
Page -8-
25. Communication from the Division of Highways regarding the condition of the
sidewalk and the gutter on Madonna Road, was ordered received and filed.
26. Bulletin from the League of California Cities regarding the hotel room tax,
was ordered received and filed.
27. Communication from the League of California Cities forwarding results of the
1962 -63 California Cities Employees' Safety Contest, was ordered received
and filed.
28. Notice of public hearing to be conducted by the State Division of Highways
on December 19, 1963, at 10:00 A. M. to discuss proposed alternate freeway
routes for State Highway No. 1, was ordered received and filed.
29. Progress report on the sewage treatment plant enlargements for the weeks
ending November 9 and 16, 1963, were ordered received and filed.
30. Copy of basic flow sheet diagram of the sewage treatment plant, showing
flows during normal series operation, was orderee received and filed.
Mr. Romero, City Engineer, pointed out that Harry and John Jenks had
prepared this diagram as an extra service without cost to the City.
31. Notice from the Channel Counties Division of the League of California Cities
announcing that the next quarterly meeting will be held in Oxnard, California,
Wednesday, December 11, 1963, was ordered received and filed.
32. Communication from the League of California Cities providing information on
properties in the County listed as available for sale to public agencies,
was ordered received and filed.
33. On motion of Councilman Miller, seconded by Councilman Graves, the Mayor
was authorized to leave the State December 2nd through December 7th, 1963.
Motion carried.
On motion of Councilman Miller, seconded by Councilwoman McNeil, the meeting
adjourned at 11:15 P. M.
Approved: January 20, 1964
4/J. H. FITZPATRICK, CITY CLERK
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