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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.