HomeMy WebLinkAbout04/02/1962Mayor Davidson stated that he believed the City has done all it can to get
this matter settled with the Supervisors in the past several months, but
that at no time has the County agreed that they will control the recreation
on the lake under Title 17 of the Administrative Code, to protect the raw
water for the City and improve recreation for sportsmen.
Mr. Williams stated that in discussing the matter with various County
6fficials, he stated he was informed that they 'plan to put into effect all
the basic requirements in order to properly operate the lake including
adequate recreation control, algae, control, etc.,
On motion of Councilman Graves, seconded by Councilman Miller, the meeting adjourned
at 6:15 P.M.
' CITY COUNCIL MEETING
April 2, 1962 - 7:30 P. M.•
CITY BALL
Invocation was given by Mayor Clay P. Davidson
Roll Call Present: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q.
Miller, Gerald, W.. Shipsey, Clay P. Davidson
Absent: None
City Staff Present: J. W. Abraham, Planning Director; Pat Clark, Librarian;
J. B. Fitzpatrick, City Clerk; William Flory, Park &
Recreation Superintendent; William Houser, City Attorney;
R. D. Miller, Administrative Officer; Lee Schlobohm, Fire
Chief; William Schofield, Police Chief; D. F. Romero,
City Engineer; E. P. Thompson, Water Superintendent.
On motion of Councilman Miller, seconded by Councilwoman McNeil, the minutes
for the. regular_ meeting of. March 19, 1962. and the adjourned meeting of: February
26, 1962 were approved.
Claims against the City for the month of April, 1962 were approved on motion
of Councilman Graves, seconded by Councilman Miller.
1. Mr. Miller, Administrative Officer announced the appointment of Roy D.
Thomas as Laborer - Equipment Operator in the Street Department and Bernard
J. Banks in the Water Department effective April 1, 1962 at $340 per month.
Mr. Miller, Administrative Officer announced the following promotions in
the fire department effective April.l, 1962:
Fire Captain, Mervyn Dixon to Battalion Cheif with recommendation that he
be advanced to the 4th Step at $625 per month and be considered for advancement
to the 5th Step in one year.
Fireman Elton Ball to Fire Captain with recommendation that he be advanced
at this time to $530 per month and be considered for further advancement
on an annual basis.
On motion of Councilman Graves, seconded by Councilman Miller the recommended
salary step promotions were approved.
' 2. On motion of Councilman Graves, seconded by Councilwoman McNeil the following
contract permit for R. McGray for parking lot #4 extension, estimate #2
$1,548.00 was approved and ordered paid.
3. Request of Water Superintendent for authority to call for bids on 378 ft.
of 12° pipe for Water Main Extension along Bullock Lane for new Pepsi
Cola Palnt was approved on motion of Councilman Graves, seconded by Councilman
Shipsey.
4. On motion of Councilman Shipsey, seconded by Councilman Graves, the following
resolution was introduced. .
RESOLUTION NO. 916 "A resolution increasing the 1961 -62 budget. (Account,.
No. 200.4, Legal Advertising Expense be increased by $1,000. Account No.
215.3 Paint Materials and Supplies, be increased by $1,000.)"
Passed and adopted on the following roll call vote:
AYES: Miss Margaret M: McNeil, R. L. Graves, Jr., Donald Q. Miller,
Gerald W. Shipsey, Clay P. Davidson
NOES: None
ABSENT: None
5. On motion of Councilman Graves, seconded by Councilman Miller, the following
resolution was introduced:-
RESOLUTION NO. 917 "A resolution making transfer to the Whale Rock Fund
on a loan basis and providing methods of repayment for the Loan- Transfer."
Passed and adopted on the following roll call vote:
AYES: Miss Margaret M. McNeil, R.-L. Graves, Jr., Donald Q. Miller,
Gerald W. Shipsey, Clay P. Davidson
NOES: None
ABSENT: . None
5A On motion of Councilman Miller, seconded by Councilman-Shipsey, the following
resolution was introduced:
RESOLUTION NO. 920 "A resolution increasing the 1961 -62 budget."
Passed and adopted on the following roll call vote:
AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q: Miller,
Gerald W. Shipsey, Clay P. Davidson
NOES: None
ABSENT: None
6. City Council discussed advisability of preparing a proposed sewer rental
ordinance so that people may be informed of potential sewer rental rates if
the Sewer Bond issue for sewer plant expansion is adopted at the primary
election.
Mayor Davidson stated that the Citizens Committee requested that the City -
Council prepare an Ordinance relative to proposed sewer service charges
so that the voters would know what the charges proposed and City would do.
City Clerk then read the proposed annual sewer service charges as.prepared
by Stone and Youngberg on Page 20 of the financial report for sewer and
water bond issue.
After discussion by the City Council of these rates, City Attorney was
requested to prepare an Ordinance for the City Council.
7. Communication from the Telegram- Tribune notifying the City Council that the
Annual Clean Up Week campaign by the San Luis Obispo Garbage Company will be
held the week of April 16, 1962 with a special issue of newspaper to feature
a clean up section on April 13, 1962.
On motion of Councilman Graves, seconded by Councilman Shipsey the schedule
as prepared by the Telegram- Tribune was approved.
The City Council at this time discussed a prepared agreement by San Luis
Obispo Garbage Company to offer a pick up service to City Residents for an
additional rate of $1.00 per month.
This matter had been referred to the Administrative Officer and City Attorney
and Council asked what was the status of this program.
Administrative Officer, R. D. Miller stated that as he and the City Attorney -
had not had a chance to pursue the matter but if the City Council wished, they
would meet with representatives of the.Garbage Company to work out details.
The City Council suggested that this be done.
8. Councilman Miller requested permission for Governor Brown and party to
speak from City Hall steps on April 10, 1962 when they will be visiting
this community.
Request approved on motion of Councilman Shipsey, seconded by Councilman
Graves.
9. On motion of Councilman Graves, seconded by Councilman Miller, the following
ordinance was introduced -for final passage:
ORDINANCE.NO. 220 "An ordinance providing for regulation of Grading and
excavating operations."
Finally passed ontthe following roll call vote:
AYES: Miss Margaret M. McNeil, R. L. Graves, Jr.,. Donald Q. 'Miller,
Gerald W. Shipsey, Clay P. Davidson
NOES: None
ABSENT: None
10. At this time Mr. Rhodes appeared before the City Council on:behalf of the
Grange requesting that a deferment be made on recommendation that they finish
' paving the 88 parking spaces at their new large building, 2880 South Broad
Street.
Mr. Rhodes stated that reasons for requesting this deferment was that parking
lot had been flooded and that the rains made it impossible at this time to
get good compaction and that until this requirement of the Use Permit was
met, the Building Department would not allow hook up to electric service,
which they need in order to continue working on the inside of their building.
Mr.. Rhodes stated that they are not asking for elimination of parking require-
ments but only an extension of time until the grading can be done adequately.
Mr. Romero, City Enzineer stated that he agreed that construction of the
parking lot would be difficult during the next 30 days because of the
saturated condition of some.of the land, and recommended that the Grange be
permitted to put up a bond or cash deposit to-complete the parking area
as required by the Use Permit. . 1.
Oa motion of Councilman Graves, seconded by Councilman Miller that City
Attorney Houser work with Mr. Rhodes to secure property bonds guaranteeing
that the parking area will be improved and further that within four months
excavating and grading for the parking lot would be started and completed
within five months. Motion carried.
11. Communication from the Senate Committee on Public Health and Safety notify-
ing the City Council that they. =have scheduled a meeting on Recreational use
of domestic water supply to be held May 2, City Hall, San Luis Obispo. 'They
are asking that the City Council prepare a testimony to be presented at this
meeting.
On motion of Councilman Graves, seconded by Councilwoman McNeil that
Mayor Davidson be authorized to appear before the Committee on behalf of the
City Council.
The Mayor was also asked to request that Dr. Harper appear before this
committee.
12. Communication from 63rd Infantry Division Band.offering to hold a band
concert at Santa Rosa Park for citizens of San Luis Obispo during the
Divisions encampment at Camp Roberts.
The offer was accepted on motion of Councilman Shipsey, seconded by Council-
man Miller and William Flory, Park Superintendent was authorized to make the
necessary arrangements.
13. On motion of Councilman Graves, seconded by Councilman Shipsey, the following
ordinance was introduced for final passage:
ORDINANCE NO. 221 "An ordinance authorizing the exchange of property and
a lease with the San Luis Obispo School District."
Passed and adopted on the following roll call vote:
AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller
Gerald W. Shipsey, Clay P. Davidson
NOES: None
ABSENT:. None
14. Mr. Houser, City Attorney presented for the City Council's consideration
an extension of agreement between the City and School District for'recreational
use of School facilities on a cooperative basis.
On motion of Councilman Graves, seconded by Councilman Miller, the Mayor
was authorized to.sign an agreement on behalf of the City.
15 Communication and resolution from San Luis Obispo City Schools urging that
16 the City Council proceed with construction and realignment of San Luis Drive
adjacent to the school property and offered $5,000 for schools portion of
the construction•of the sidewalks, curbs and gutters in accordance with
City Plan No.-10 -62.
Mr. Romero..City Engineer explained to the City Council what improvements
were to be made and presented plan No. 10 -62 which showed the realignment
of San Luis Drive. Mr. Romero stated that the plan included street pavement,
drainage and curbs, gutters and sidewalks on both sides of San Luis Drive.
Councilman Graves reported to the Council for the Council Committee and
stated that the committee agreed with the School Board that sidewalks
should be placed on both sides of San Luis Drive and agreed with the
realignment and recommended acceptance by the City Council'of School
District property which will be granted to:the City as part of the street
alignment.
The Council Committee was requested to contact the School Board and see if
they would agree to allow the City time to complete its share of street
alignment until after July 1,•1962 when they will have funds available
but have the school district "deposit their funds with the City so that the
improvements may be made on the school side of the street..
On motion of Mayor Davidson, 'seconded by Councilman Graves, that the City
defer their portion of construction until after July 1, 1962 and school
board to proceed with their portion with the City to bill.the school board
for their share of funds and any surplus would be returned to the school
board.
Motion denied on the following roll call vote:
AYES:. R. L. Graves, Jr., Clay P. Davidson
NOES: Miss Margaret.M. McNeil, Donald Q. Miller, Gerald W. Shipsey
ABSENT: None
On motion of Councilman Shipsey, seconded by Councilman Miller, the City
Engineer was instructed to provide plans and specifications in agreement with
Plan No. 10 -62 and call for bids.ior all the work to be done under one
project with the school board to deposit their funds to the City immediately.
Passed and adopted on the following roll.call vote:
I AYES: Miss Margaret M.'�Wft il, R. L. Graves, Jr., Donald Q. Miller,
Gerald W. Shipsey
NOES: Clay P. Davidson
ABSENT: None _
17. Communication.from the City Library Board.recommending . to the City Council
that the matter of reciprocal borrowing.privileges between the City and
County Library systems be tried for a 6 month period. The Library Board also
recommended that the services of the California State Library's consultant
staff be requested in assisting the City.and County Libraries.to achieve
this reciprocity.
Mr. Miller, Administrative Officer presented a letter from Miss Pat Clark,
City Librarian, stating that the State Library does not at the present time
have an adequate staff to.make surveys as requested but they would be very
happy to meet with the City and County Library Staff and give them the
best information that is available.
On motion of Councilman Graves, seconded by Councilman Miller, -the recommenda-
tion of the City Library Board be accepted and be tried for a period of six
months with further study and review at that time.
Mayor Davidson suggested that the County should look into the possibility
of taking over the City Library facilities including the City Library
Building so that the City can eleminate the 20 cents tax rate on City
residents as the County Library rate is only 11 cents._
On motion of Councilman Graves, seconded by Councilman Shipsey, Miss Clark
was authorized to request a study by the State Library, Motion carried.
18. Communication from Max A. Bakke requesting annexation of hisl: property on
Broad Street and Orcutt Road was ordered held over.
19. Communication from F. R. Kalloch Jr., submitting a check for $3,700 to
the City covering the cost of work necessary to complete all the improvements.
on Tract #134. Upon receipt of.this check,.guaranteeing the completion of
the work, Mr. Balloch request acceptance of Tract.#134.to become a part of
the City of San Luis Obispo and that the City release his subdividers bond.
Mr. Romero, City Engineer explained to the City Council what work was
still to be done to complete the Tract and stated that $3,700.would be
sufficient to complete the Tract.
Mr. Houser,
City Attorney suggested
that-in addition to the check the
City should
enter into an agreement
with the subdivider stating what work
was yet to
be completed so that the
subdivider would be fully aware of
what has to
Mr. Charley
be done.
Delmartini representing
the subdivider stated that there was
an urgency
in solving this problem,
as several commitments for purchases
of the lot
are pending and he would
appreciate action by the City Council
stating that
with this cash deposit
the Tract was accepted by the City.
On motion of Councilman Graves, seconded by Councilman Miller, Mr. Houser,
City Attorney was authorized to prepare a•letter agreement for signature
by Mr. Kalloch and completion of this subdivision. Motion carried.
20. Communication from Mrs. Elizabeth 2evely thanking the City Council for their
consideration and courtesy when she attended the last Council meeting was
ordered received:.and filed.
21. Traffic Committee report of March 27, 1962.
62 -3 -1C Regarding the request for an additional school crossing guard at
Mill and Santa Rosa for the rest of this school year, the Traffic Committee
feels that such a guard is justified and recommends this addition to the
Police Department staff.
On motion of Councilman Graves, seconded by Councilman Shipsey, the crossing
guard was approved.
62 -3 -2C The Traffic Committee has studied the request of several= residents
in the 900 block of Santa Rosa for a red zone on the north side of Santa
Rosa from Palm to the first alley. The Committee feels that there would
be a greater benefit to the City from a traffic standpoint if the red zone
included the whole block, and recommends that such a zone be installed.
The City Clerk was requested to notify the property owners of the pending
action by the City Council at the next regular meeting.
62 -3 -3T The Traffic Committee has studied a suggestion of the Police
Department that some type of traffic control be installed on Center and
Meinecke at Braod and recommends that "Yield Right of Way" signs on Center
and Meinecke be placed protecting Broad Street.
On motion of Councilman Shipsey, seconded by Councilman Graves, the following
Resolution was introduced:
RESOLUTION NO. 921
"A resolution installing "Yeild Right of Way" signs on Center and Meinecke '
at Broad Street."
Passed and adopted on-the following roll call vote:
AYES: Miss Margaret M. McNeil, R. L. Graves, Jr.., Donald Q. Miller,
Gerald W, Shipsey, Clay P. Davidson
NOES: None
ABSENT: None
22. Communication from J. W. Abraham, Planning & Building Director, reported
to the City Council, Section 119,of the Uniform Plumbing Code-regarding
action to be taken on abandoned Sewers and Sewage Disposal facilities.
Mayor Davidson suggested that these provisions of the Uniform Plumbing
Code be printed in the newspaper by a paid ad'so that all people will be.
aware of the provisions.
23. Recommendations by the Council Committee on spiral stairway recommending
that the Building Code be amended to eliminate all control of unrequired
stairways constructed in a single family dwelling and monumental stairways
and to control all required stairways in single family dwellings and Group
I occupancies.
On motion of Councilman Shipsey, seconded by Councilman.Graves, the following '
Ordinance was introduced and passed to print.
ORDINANCE N0. 222 "An ordinance amending the municipal code by adding•section
8100.21, specifically amending section 3305 (c) of the 1958 edition of the
Uniform Building Code relating to "Winders."
Passed to print on the.following roll-call-vote:
AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller,,
Gerald W. Shipsey, Clay P..Davidson
NOES: None
ABSENT: None
Mayor Davidson called a recess at 10:05 P.M. and the meeting reconvened at
10:20 P•.M. with all Councilmen present.
' 24. Communication from the, °Department of Fish and Game requesting that the City
Council .begin advanced.planning for. angling access to Whale.Rock• Reservoir.
Councilman Graves stated that he was opposed.to. recreation at Whale Rock"
Reservoir until more assurance could be-proved by the Health Officer that
recreation was compatable with good water quality.
It was moved by Councilman Graves, seconded by Councilman Miller, that the
City send a letter notifying the Fish and Game that•as they are the interested
party to recreation at Whale Rock that they prepare a plan for this develop-
ment for the Council's.approval and also that -.the Fish_and Game notify the
City.how.this,will be. financed and how..the'maintenance will be paid for.
Mayor Davidson suggested that this communication should be referred to the
Whale Rock Commission for their determination and recommendation.
After Discussion by the City:Council.the motion was withdrawn..
Councilman Graves stated that recreation and public water supply are
incompatable and also that the City has no funds to construct or maintain
any type of recreation at the reservoir.
Councilman Shipsey agreed that this letter should be referred to the Whale
Rock Commission with a copy being sent to the Fish and Game Commission.
' It was.-moved by Councilman Shipsey,.seconded by Councilman Miller, that
this matter be referred to the Whale Rock Commission with a letter setting
forth the Cities feelings.regarding recreational development and the lack
of funds for the prupose.
25. Claim of Richard Romo for alleged injury and property damage in an auto
accident that occurred December 20, 1961 on Laurel,Lane was referred to
the City Insurance carrier on motion of Councilman Shipsey, seconded by
Councilman Miller.
26. Communication and resolution from the City of Santa Maria requesting day to
day mutual aid for fire protection.with.the.City of San Luis Obispo was
referred to the Fire Cheif for investigation and recommendations.
27. Communication from Thomas.Ray and Marion Ray appealing decision of the
Small Subdivision Committee relative to Small Subdivision No. 158, was
ordered received and•:filed.
28. Report from Mr. Romero, City Engineer presenting a map showing streets of
major importance, in accordance with the Master Plan, which when approved
by the City Council will be mailed to the Division of Highways to supercede
the existing list was held over to the next meeting.
29. Communication from R. C. Skinner requesting consideration and approval'by
' the Council of wording for letters of credit for Subdivision improvements as
authorized by the new Subdivision Ordinance.
Mr. Houser, City Attorney, stated to the City Council that the wording'as
presented fullfill the requirements and recommended that it be approved.
Approved on motion of Councilman Shipsey, seconded by Councilman Miller.
5
30. Communication from R. C. Skinner requesting special permission to place
a power boat on Laguna:Lake for rescue purposes and recreation.
Mr. Skinner. stated that as the lake is presently being used freely and the
City had not started the lake program,. he believed that -a motor boat should
be available for rescue operations and offered to provide one.
Mayor Davidson stated that he objected to the use of the motor boat by
the subdivider and employees for recreation. .
Mr. Skinner Subdivider, stated that he could not control his employees
from using this boat for recreation as the boat was - available and that
was the reason he recommended the use of the boat for recreation.
Councilman Graves..stated. that he objected to.the use of a,motor. boat
for recreational purposes by the subdivider and he believes that this
would be granting special privileges to one group of persons and not..
to all.other persons possessing boats in.the.City.
Mr. Skinner stated that if any restriction on the use of the boat for
recreation was passed, he.would withdraw Us offer to.place his boat on the
lake for rescue purposes.
Mr. Houser City Attorney stated that it would be impossible to allow . .
one power boat -on the lake in.violation.of the City Ordinance,,and not allow
other power boats owners to also use the lake under the same condition as
the developer..:.
Vz. Skinner stated that he agrees to delete from his request condition No. 2
which would allow recreational use of his'boat•on the lake and -that he would
take his chances on the City Council rescinding their approval to use the
boat on the lake for rescue purposes,,.
On motion of Councilman Graves, seconded by Councilman.-Miller, the request
of the subdivider to furnish a boat for rescue purposes was granted subject
to its not.being used for recreation...
Mr. Flory, Park Superintendent stated that'he objected to the use of Power
Boats.on.the.lake and-urged the City Council that the lake be closed until
the City is ready to. patrol and supervise use of the lake. He suggested
that this matter be referred to.the Park and Recreation Commission in order
that they can establish rules and regulations for operations of the lake
by the public.
The Council instructed Mr. Flory to contact the Park and Recreation Commission
and have them prepare suggested rules.and regulations for operation of '
Laguna Lake.
31. Report from.the City Engineer regarding various alternates to develop
access roads.and boat - launching facilities at Laguna .Lake was held over.
32. Report of the City Engineer regarding cost and feasibility of constructing
a protective chain link:fence at the.outlet of Laguna Lake was held.over.
33. Communication from the City Planning Commission recommending extension of
one year for tentative map of Tract 213, Laguna Park Homes Unit No. 3.
Extension granted on motion of Councilman Graves, seconded by .Councilman
Shipley.-.
34. Communication from City Planning Commission
forwarding resolution with
regard to Street
to tract.No. 234..
Widening of Los Osos Road and existing-Palm Trees adjacent
(Lakewood)..
,
Mr. Romero,
City
Engineer presented sketches
to the City Council showing
the effect
of the
plan line of Los Osos Road
in relation to the line of .
Palm.Trees
at Tract. 234. - o -. . -
After discussion by the Staff and City Council, Mr. Houser, City Attorney,
suggested that the subdivider, Morgan Flagg meet with the Planning Commission
in order to settle this problem.
Mr. Flagg, Subdivider, stated that he believed this matter should be referred
to the City Planning Commission.
The matter-was referred to the City Planning-Commission for a possible
solution.
35. Communication from the City Planning Commission recommending annexation of
' Lakewood Addition to-the City of San Luis Obispo.
Communication from San Luis Obispo City Schools recommending to the City
Council that Lakewood Addition be annexed to the City and to the School
District at the same time.
Motion of Councilman Graves, seconded by Councilman Shipsey, the following
Resolution was introduced:
RESOLUTION NO. 924 "A resolution giving notice of proposed annexation to-the.
City -of San Luis Obispo of uninhabited territory described herein; and
designated "Lakewood Addition" and giving notice of time and place for
hearing of protests thereto." 1
Passed.and adopted on the following roll.call vote:.
AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller,
Gerald W. Shipsey, Clay P. Davidson
NOES: None
ABSENT: None
36. Communication from the City Planning Commission forwarding tentative map
of Tract No. 268 and recommending Council's approval of lot depth and lot
' area exception.
On motion of Councilman Graves, - seconded by Councilman Shipsey, that the
tentative map be approved and that the lot depth and -lot area exceptions
be approved. Motion carried.
37. Mr. Romero, City Engineer, stated that Mr. Maloney was a contractor-and
wished to do the work himself. He explained that this variation in policy
would reimburse the property owner directly for the value of the land,
rather than participating with the owner in paying a contractor for the work.
Mr. Romero explained that the net cost to the City and the completed improve-
ments will be the same under -the setback policy or the proposed modification.
Upon questioning by the Mayor, Mr. Romero stated in this particular case
the value of the land was set at $206.63. .
L11
On motion of Councilman Graves, seconded'by Councilwoman Mc'eil, recommendation
was approved.
Upon further discussion, the Council stated that Mr. Romero could use this
decision as a guide in future for similar situations.
38. Communication from Amy L. Arsenio bringing to the Council's attention
the general deterioration of the Taxi Service in the-City of San Luis
Obispo and requesting some remedy by the City.
Mayor Davidson appointed a Council Committee consisting of Councilman Shipsey
and Councilwoman-MeNeil to investigate and report their recommendation-to.
the City Council.