HomeMy WebLinkAbout06/04/1962AYES: -Miss Margaret -M. McNeil, R. L. Graves, Jr., Donald Q. Miller,
NOES: None
ABSENT: None
3. At this time the City Council began the study of the proposed 1962 -63
City Budget to page 32.
Meeting adjourned on motion of Councilman Shipsey, seconded by Councilman Miller.
Approved this�� day of�, 19402.
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MEETING,OF THE CITY COUNCIL
June 4, 1962 - 7:30 P.M.
CITY HALL
Invocation was given by Reverend Schlierbach, Cahplain from California's Mens Colony.
Roll Call Present:' Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller,
Gerald W. Shipsey, Clay P. Davidson
City Staff Present: J. W. Abraham, Planning Director; J. H. Fitzpatrick, City
Clerk; William Flory, Park & Recreation Supt; William
Houser, City Attorney; R. D. Miller, Adminstrative Officer;
David R. Romero, City Engineer; William Schofield, Police
Chief; Lee Scholbohm, Fire Chief; E. P. Thompson, Water
Superintendent.
On motion of Councilman Miller, seconded by Councilman Shipsey the minutes of the
meetings of April 16, 30 and May 7 and 11 were approved and minutes of May 15 were
amended as follows:
Paragraph I of the Mayor's statement, Line 5, Word "not" should be removed.
On motion of Councilman Shipsey, seconded by Councilman Graves, approval of claims
against the City for the Month.of June, 19.6.2 subject to the approval of the
Administrative Officer,
1. R. D. Miller, Administrative Officer announced the appointment of William
Calloway as fireman, effective June 8, 1962 at $402 per month.
2. Cif Clerk , J. H. Fitzpatrdck reported on the follw ing bids received for
relocation of sewer main, Madonna Road between U. S. 101 and Higuera Street
City Plan No. 12 -62:
Smee's Plumbing & Heating $29042.64
McBrides Plumbing & Sheet Metal 29241.24
W. M. Lyles Co. 4,250.33
Mr. Romero, City Engineer recommended that the low bid of Smee's Plumbing
and Heating of.$2,042.64 be awarded.
On motion of Councilman Graves, seconded by Councilman Shipsey the low bid
of Smee's was accepted subject to approval of Division of Highways before
award. Motion carried.
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3. pity Clerk, J. H. Fitzpatrick reported on bids received for pump and appertances
for sewer lift station. One bid received from Engineer Equipment.Associates
of•$2,267.00. Mr. Romero recommended that the bid be accepted. '
On motion of Councilman Miller, seconded by Councilwoman McNeil, the bid of
Engineer Equipment Associates was accepted.
4. On motion of Councilman Shipsey, seconded by Councilwoman-McNeil the following
Resolution was introduced:
RESOLUTION NO. 956 "A resolution increasing the 1961 -62 budget. Increasing
account.-No. 151 Utility Sewer Service and 263.1, Off- Street parking reserve."
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 Shipsey, the following
contract payment was approved and ordered paid:
W. M. Lyles, Project W 62, Madonna Road Water main relmation Est. No. 1
$4,275.00..
G. McGray Parking Lot No. 4, Phase 2, estimate 4, no payment..
Estimate 5 (final), (To be paid 35 days from approval) - $1;182:65
6. On motion of Councilman-Graves, seconded by Councilwoman McNeil, Ordinance
No. 227 was introduced and passed to print on the.following roll call vote:
ORDINANCE NO. 227 "An ordinance amending portions of ,article V. Chapter 2,
part 2 of the San Luis Obispo Minicipal Code relating to abatement of weeds."
AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald.Q.. Miller,
Gerald W. Shipsey,- Clay P. Davidson
NOES: None
ABSENT: None
7. On motion of Councilman Shipsey, seconded by Councilman Miller, Ordinance
No. 228 was finally passed on the following roll call votes
ORDINANCE NO. 228 "An ordinance approving the annexation of certain unin-
habited territory, designated"Lakewood Addition" to the City of San Luis
Obispo."
AYES: Miss - Margaret M. McNeil, R.'L. Graves, Jr., Donald Q. Miller,
Gerald W. Shipsey, Clay P. Davidson
NOES: None
ABSENT: None
The City Couacil also discussed'the'matter of annexation fees for future
annexations to the City by developers in order to purchase a share of Cities
capital plant..
On motion of Councilman Graves, seconded by Councilman Miller the Planning
Commission and City.Attorney were requested to study the possibility of
recommending to the City Council, an annexation fee for.futur -e• annexations
to the City of San Luis Obispo.
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8. Mr. Kogan, Chairman of San Luis Obispo County Pure Water Association
presented the following letter signed by 147 City and County residents for
Council consideration:
Gentlemen:
"The membership of the San Luis Obispo County Pure Water Association
strongly recommends that the following be acted on as part of the June 4,
agenda:
1. A request be made to the U. S. Army Engineers that•'it.require the
County of San Luis Obispo to become a purveyor of water under Title
17 of the California Health Code.
2. The U. S. Army Engineers terminate its lease with the County of
San Luis Obispo if the County is unwilling to become a purveyor
of water under Title 17 of the California Health Code.
"We know you are acutely aware that Santa Margarita reservoir is being
operated neither with the approval nor under the jurisdiction of the State
Department of Public Health.
"As pointed out by the City Council and the County Health Officer, the
situation as the reservoir is unsatisfactory to the health and welfare of
the Citizens of the City of San Luis Obispo. "'
Respectfully yours,
Irvin J. Kogan, Chairman
Councilman Shipsey suggested that the City Council should possibly hold off
the action requested by the Pure Water Association as the City Council is
presently planning a joint meeting with the County Board of Supervisors .
in attempt to clarify problems at Santa Margarita Lake and protect the City's
present rights at the reservoir. Making a determination at this time as
requested by the P.W.A. might not put the Supervisors in a cooperative .
mood.
Councilman Graves stated that he believed the Council should proceed with
the request of the P.W.A.
Mr. Kogan congratulated the Council for its stand in trying to protect the
City's water supply. He stated that he and his group believed the lake should
not be used for any purpose other than drinking water but if used for
recreation should be allowed only under the privisions of Title 17 of the
Administrative Code of the Health and Safety Code. He further stated that
his orginazation wishes to help the Council protect the City water supply
and further that the'County Board of Supervisors to this time have shown no
inclination to begin a proper water program or operate under the provisions
of Title 17.
Mayor Davidson stated that as he understood the program, the County was
operating the lake under the permit issued to the City of San Luis Obispo.
Councilman Shipsey stated that while it was true that the meeting with the
County Board of Supervisors would not discuss this matter it would not show
good faith to the Board if-the Council should at this time resolve:to the
U.S. - .Army, requesting the County become a water purveyor and suggested that
this matter might be brought to the attention of the supervisors at'-the
forthcoming joint meeting.
Dr. Pimentel requested clarification of the County's authority for operation
of the lake under the lease or contract with the U. S. Army particularly
when they are not required to meet minimum public health standards.
Mr. Houser explained the County's position in this.matter and explained
the amendment to the Cities permit which allowed recreation with no bodily
contact with the lake.-
William McKeen stated that he could not understand how the County took
control of--Santa Margarita Lake when the dam was built for Camp
San Luis
Obispo and the City. He could not understand how the County could dictate
use of the water from the reservoir.
Joe Arsenio stated that he could see no reason why the request of the County
Pure Water Association could not be held off until after the joint meeting
with the Board of Supervisors.
Mr. Kogan stated that his group would allow the Council to meet with th
Board of Supervisors to attempt to amicably settle the water right.problem
but he also wanted to know the answers to the following:
Dose the City Council still wish the County to operate the reservoir under '
Title 17?
Mayor Davidson answered that he believed the County should operate under
Title 17 but whether they could be forced to was unknown.
Councilman Graves •stated he believed the City Council should require the
County to operate under the minimum requirements of Title 17.
Mr. Kogan stated that he felt a weakening by the City Council _in their
determination to clear up this matter at Santa Margarita Lake in requiring
the County to operate under Title 17 and hoped that the Council was not
changing °their stand on this requirement.
Councilman Graves stated the Council was not afraid of the County Board of
Supervisors but that the good of the entire county might be improved by the
meeting with the Board of Supervisors to try and solve this problem amicably.
C. F. Hamlin urged the Council to be aware that the City may receive more
dirty water by allowing less-control.-by the County at Santa Margarita Lake.
Mr. Kogan asked that all Councilmen.be on record.as stating that the minimum
use of the lake be under strict enforcement under Title'17.
Councilman Graves stated that the City Council has no intention of relaxing
its requirements either as the quality or quanity of water at Santa Margarita
Lake.
On motion of Councilman Shipsey, seconded by Councilman Graves, it was --
moved that the.letter from Pure.Water Association be placed'on the Council
agenda of July 2, 1962.
Mrs. Arsenio asked how could the-Council approve and vote in,new areas-to
the City without taking into consideration the amount of water available to
the City, as each new resident _:requires additional water which mearis.possible
continuation of the present poor quality of water supply to residents of the
City.
9. Petition signed by a majority of the residents of Slack Street between.
Motley and the school property for installation of curbs; gutters and
sidewalks was presented to the City Council.
Mr. Houser City Attorney reported that the School Board would'consider' the
matter of placing sidewalks along their property on Slack Stieet.at the
regular Board meeting of June 5, 1962 and would notify .the City-Council-of
-their decision.
Mr. Romero City Engineer asked the Council if he.should proceed with the
Plans and Specifications for Council information. .Matter was held over
pending receipt of report from the School Board.
10. YOARUM SPECIAL ASSESSMENT DISTRICT '
At this time the City Council considered formatiok of the Yoakum Tract
et al, project No. 11-62 for installation of sewer and water facilities to
.the Yoakum area.
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Mr. Romero, City Engineer presented to the Council the assessments and
diagrams, showing the limits of the assessment district, what was assessed
and.how each parcel was calculated.for assessment purposes.
Mr. Romero and Mr..Pearson presented to the City Council, the detail,
maps and plans for the proposed special assessment district showing lay out
of lines, sizes of services, easements and other phases of the project
including costs.
The Engineers-also brought to the Council's attention various routes
and installations considered by the*nd brought to their attention by the
residents of the area.
On motion of Councilman Shipsey, seconded by,Councilman Graves, the following
Resolution was introduced:
vRESOLUTION No. 947 "A resolution of preliminary determination and of intention
Yoakum Tract Et al. Project.No. 11 -62."
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
At this time the City Engineer presented his report•consistirig of plans,
specifications, maps and descriptions, estimates of costs and diagram for
assessment. After presentation to the Council and discussed by the Council
the report was ordered filed with the City Clerk.
On motion of Councilman-Miller, seconded by Councilman-Shipsey the following
Resolution was introduced:
RESOLUTION NO. 948 "A resolution of preliminary approval of Engineer's
Report, Yoakum Tract -Et al. Project No. 11 -62. ".
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
On motion of Councilman Shipsey,.seconded by Councilman Miller, the following
Resolution was introduced:
RESOLUTION 140.949 "A resolution establishing prevailing wage scale, Yoakum
Tract Et al. Project No. 11 -62."
Passedand 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
On motion of. Councilman Shipsey, seconded by- Councilman Miller, the following
Resolution was introduced:
RESOLUTION NO. 950 "A resolution appointing time and place of hearing
protests in relation to proposed acquisitions and improvements,-and directing
notice. Yoakum Tract Et al. Project No. 11 -62."
Passed and adopted on the following 'roll call vote;
AYES: Miss argaret M. McNeil, R., L. Graves, Jr., Donald Ql Miller,
Gerald W. Shipsey, Clay P. Davidson
NOES: None
ABSENT: None
On motion of Councilman Graves, seconded by Councilwoman McNeil, the following
Resolution was introduced:
RESOLUTION NO. 951 "A resolution calling for sealed proposals. Yoakum
Tract -Et al. .Project No. 11 =62."
Passed and adopted on the following roll call vote:
AYES: Miss Margaret M. McNeil, R. L. Graves, Ji., Donald Q. Miller;
Gerald W. Shipsey, Clay P. Davidson
NOES: None
ABSENT: None
11. Communication from J. B. Taylor regarding the sewer and water bond proposals
and related subjects was ordered received and filed. The Mayor's answer
to said letter was ordered received and filed.
12. For thb Council's- consideration, acceptance of covenant on behalf of Nelda
J. and George C..Beatie; 1616 Frederick Street for exception to the::sidewalk
requirements was discussed by the City Council.
The City Council did not believe that a hardship existed at this location
and believed the sidewalk should be placed on this_.property.__
On motion of Councilman Miller, seconded by Councilman Graves, exception
was denied and covenant was amended to require the installation of sidewalks
within 10 days of notice by the City or the City would do so and place a
lein on the property. `
Mr. Houser, City Attorney stated that this was an awkward situation as under
the Municipal Code the Planning Commission had'A right.to'grant'an exception
to the sidewalk requirement and had done so.in this case and that under the
code the City Council could not deny the exception at this time; as no
appeal was before them from the Planning Commission or property''owners.,
The City Council and Planning Direcotr, J. W. Abraham discussed the matter
of requiring sidewalks on all property in the City and the criteria used
by the Planning,Commission to.grant exception.
Mr. Abraham suggested that the City Council and Planning Commission hold a
joint meeting to discuss this problem and also to discuss othei- planning
matters before the Commission at this time.
Motion to deny acceptance of :Covenant was withdrawn by Councilman Miller'
and Councilman Graves, and Mr. Abraham was instructed that all sidewalk
exceptions be. held up until the joint meeting was held with the Planning
Commission on sidewalk requirements.
On motion of Councilman Shipsey, seconded by Councilman Miller the Covenant
was accepted and the Mayor was authorized to record it on behalf of the City.:
13. Mr. Abraham, Building & Planning Director presented for the Council's '
approval a draft-of a lettei.addiessed to the Mission Realty Service
regarding annexation of the Filipponi property on South Broad Street.
By common consent of the Council; the Mayor was authorized to. -send the
letter to the Mission Realth Service.
14. Preliminary Title report by the Title Insurance and Trust Company regarding
South Street and Broad Street and the P. C. Railroad right -of -way was
presented to the City Council and explained by the City Attorney who
also recommended that the City-Council accept that portion of South Street
as a City Street in order to avoid any question as to the Council's intention.
On motion.of Councilman Miller, seconded by Councilwoman McNeil the following
Resolution was introduced:
RESOLUTION NO. 952 "A resolution accepting a portion of South Street."
Passed and adopted on the following roll call vote:
AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller,
Clay P. Davidson, Gerald W. Shipsey
NOES: None
ABSENT: None
15. Mr. Houser, City Attorney reported to the City Council on his discussion with
a member of the School Board staff regarding agreement between the City and
School District regarding improvement and realignment of San Luis Dirve.
After discussion by the City Council, the Council Committee was asked to
meet with the School Board to clear up the conditions of the agreement
presented by the School District.
16. City Attorney, Houser reported on letter from Division of Highways for
cancellation of City.taxes on property acquired for highway purposes in
connection with Madonna Road interchange and recommended. that the City
Council.cancel the 1962 -63 taxes on that property.so acquired.
On motion of Councilman Miller, seconded by Councilwoman McNeil request of
the Division of Highways was approved and the 1962 -63 taxes cancelled.
17. Mr. Loy of the Economy Drug Store appeared before the City Council and
' stated that due to installation of lloading zones on Chorro Street and
Higuera.Street.it has made if difficult for customers to park or stop any-
where near stores in that vicinity and.that a real problem for customers
parking exists in the area, and further that he understood that at some time
in the past the City was going to place a parking lot in the rear of buildings
facing Higuera and,Chorro Streets and asked whether the City would be willing
to consider this matter again.
R. D. Miller, Administrative Officer reported that the City has spend a
great deal of staff time.and money-in the preparation of plans and
specifications for development of this area and that the City had also
prepared petitions, maps, etc., for formation of this district and theyare
available to anyone who wished to carry a petition for the property owners
signatures.
Councilman Graves stated he did not agree fully with the original proposal
that a parking lot should be placed across from the Mission as he believes
the Mission should be the focbl point of the Community and everything
should be done to emphasize this structure and he believes that Monterey"
Street could be closed and a park placed in that area to emphasize the
Mission in the City.
Mayor Davidson suggested that Mr. Loy start working on this matter with
property owners and that if he was successful the Council could attempt to
work out a program with the property owners on this matter.
The Mayor called a recess at.10:15 P.M., the meeting reconvened at 10:30 P.M.
with all Councilmen present.
18. Petition from residents of Southwood regarding the fire incident on April
8, 1962 was ordered received and filed.
19. Traffic Committee report of May 23, 1962.
62 -6 -1T For some time, the Traffic Committee has been studying the .
congestion on--Hathway near Kentucky-Drive, specifically since the stepped
up program of enforcement for parking on the Cal•Poly campus. There is
one particularly bad stretch on the south side of Hathway running from
Kentucky to a point opposite the Cal Poly service road. There would be
three houses affected, and these people have been contacted relative to
parking prohibition-from-8:00 A.M. to 5:00 P.M., Monday through
and the consensus favors this type of reconstruction. The Traffic Committee
therefore recommends such a zone.
On motion of Councilman Miller, seconded by Councilman Shipsey, the following
Resolution was introduced:
RESOLUTION.NO. 953 "A'resolution establishing a No Parking Zone on a portion
of Hathway 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
62 -6 -2C In regard to the letter from W. C. Livingston requesting a 20 or
30 minute parking zone in front of : -his rentals at 2144 and 2146 South
Broad, the Traffic Committee opposes this. It should be recalled that
exceptions were made by the Planning Commission and Council on this property
as far as the number of off street parking spaces required, driveway
specifications, etc., We do not feel that it is the City's responsibility
to alleviate the inconvenience*-which has resulted from these concessions.-
Report accepted._
624-3C In regard to the letter from the resident at 1316 Peach.Street
requesting a red zone across the street from his residence to facilitate
movements into and out of his driveway, the Traffic Committee feels that '
this is a problem -for almost the entire block. We feel that the condition
could be aided greatly by restricting all parking on the south side of
Peach between Johnson and Pepper. It is therefore suggested that the City
Clerk be instructed to'write to each property owner on that -side of the street
telling them'of this proposal and inviting them -to a'public Council hearing
on the subject in case they object to the plan.-
Recommendation approved on motion of Councilman Miller,;seconded•by'Council=
Man Shipsey and the City Clerk was ordered to send out notice for - public
hearing at"the next regular meeting.
62 -6 -4T The Traffic Committee favors the request of Jack and Jerry's
for two 12 minute parking zones in front of 565 Higuera, starting at the
easterly driveway and running in a westerly direction for approximately.
forth (40) feet, this location being on the -south side of- Higuera.
On motion of Councilman Miller, seconded by Councilman Graves, the following
Resolution was introduced:
RESOLUTION NO. 954 "A resolution establishing.12 minute parking zones in
front of 565 Higuera 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
62 -6 -5C In regard to the Lizzie- Johnson intersection, the Traffic
Committee has-instructed Richard Miller to contact the School Board to .
arrange a joint meeting between the School Board and Traffic Committee
members to study this matter further.
No objection by the City Council.
The Traffic Committee was requested by the Mayor to study the entire Hathway
area from Carpenter to Motley with view to controling parking where there
is limited roadway.
20. Communication from Hospitality Center requesting a no fee business lieense
for operation of the center was approved on motion of Councilman Shipsey
seconded by Councilman Graves.
21. Communication from Jr. Chamber of Commerce regarding Cable T.V., notifying
the City Council that they are making a study of this type of project for
the City was ordered received and filed.. , .
22. Communication from Morgan Flagg requesting acceptance of and release of bond
for Tract 225 was ordered held over in accordance with City Council Policy.
23. Claims against the City by Robert 0. Boothe for property damage and Mrs.
Frank Nunez for personal injury was referred to the Cities Insurance carrier.
24. Communication from the City Assessor requesting approval of correction of
clerical errors in the 1961 -62 Assessment role, was approved on motion of
Councilman Graves, seconded by Councilman Shipsey.
25. Communication from Engineering and Grading Contractors Association requesting
that the City Council require the filing of labor and material bonds to
protect subcontractors in the City.
Mr. Houser, City Attorney explained the provisions of the letter and action
taken on similar request during a hearing on subdivision ordinance.
On motion of Councilman Graves, seconded by Councilman Shipsey, Mr. Houser
was instructed-to draft a letter to the association explaining position on
this matter and past conditions along the same line.
26. Communication from R. C. Skinner Company requesting acceptance of and.release
of bond for Tract 231 was ordered held over in accordance with.City Council
policy.
27. On motion of Councilman Graves, seconded by Councilman Miller the City.
Council accepted agreement between the City of San Luis Obispo and Maino
Construction Company for installation of curbs, gutters, and sidewalks on
the east side of Broad Street where South Street intersects, and the Mayor
was authorized to sign the agreement.
28. Communication from French Hospital requesting a.Xrosswalk midway on Toro
Street between Marsh and Higuera for patients using the Physical Therapy
unit located at 1225 Higuera Street. Referred to the City Traffic Committee.
29. For Council's information, copy of communication from San Luis Obispo County
Flood Control and Water Conservation District regarding action taken by
the County Board of Supervisors entering into an agreement with Brown and
Caldwell for algae control study at Santa Margarita Lake was ordered received
and filed.
30. 1961 -62 progress report by A.I.D. was ordered received and filed.
31. Communication from Fred Waters, Chairman of the Steering Committee for sewer
and water bonds commending the City Engineer for the good job done during
the four hour radio broadcast May 28,.1962 was ordered received and filed.