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HomeMy WebLinkAbout09/17/1962If 38. Copy of letter from Office of LegislativeCounsel to State Senator Vernon L. Sturgeon regarding question of whether or not the City could condemn Cal Poly land for water filtration plant site was ordered received and filed. 39. Letter from League of California Cities regarding clarification of'proposed new state building regulations was ordered received and filed. 40. Letter from State Department of Finance acknowledging receipt of application for an urban planning assistance grant was ordered received and filed. 41. Communication from the Disabled American Veterans requesting permission to hold their annual flower sale September 7 and 8 in San Luis Obispo was approved on motion of Councilman Shipsey, seconded by Mayor Davidson. 42. Mayor Davidson reported to the City Council on appointment of a U N Day Commi- ttee and stated that the 1961 U N Day Committee requested _that the City Council purchase a U N Flag to be used and flown by the Committee to acknowledge U N Day. The flag would cost $18.00. On motion of Councilman Miller, seconded by Councilwoman McNeil, that the City purchase a U N flag and the Administrative Officer was requested to purchase said flag. 43. Miss McNeil requested Council permission to be absent from the State after September 21 for her vacation. Request approved on motion of Councilman Shipsey, seconded by Councilman Miller. On motion of Councilman Miller, seconded by Councilman Shipsey, the meeting adjourned at 1 :20 A.M., September 5, 1962. Approved this L, 7�/ day o — 1962. City Cl r REGULAR MEETING OF CITY COUNCIL September 17, 1962 - 7:30 P.M. CITY HALL Invocation was given by Clay P. Davidson Roll Call: Present Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller, Clay P. Davidson Absent Gerald W. Shipsey City Staff Present J. W. Abraham, Planning & Building Director; J. H. Fitzpatrick, City Clerk; R. D. Miller, Administrative Officer; D. F. Romero, City Engineer; William Schofield, Police Chief; E. P. Thompson, Water Superintendent Minutes of August 20 were approved as corrected on motion of Councilwoman McNeil, seconded by Councilman Graves-: and minutes of the meeting of September 4 were approved on motion of Councilman Graves, seconded by Councilwoman McNeil. Corrections to.August 20 meeting: Page-3, Item 12 - $18.70 should be 187 and the word lean.will be changed to read "bear." Page 4, Item 12 - second sentence - the word any should read "many." Claims against.the City for the month of September were approved on motion of Councilman Graves, seconded by Councilman Miller. ------ -------- ---------- -- -- - - - -- -- 1. On motion of Councilwoman McNeil, seconded by Councilman Miller, the following salary step increases were approved: V BECKEY, Patricia G., Stenographer, from Step 3 at $350 to Step 4 at $368 per month, effective October 1, 1962. HANS EN, Frances H., Stenographer, from Step 2 at $330 to Step 3 at $350 per month, effective October 1, 1962. BANKS, Bernard J., Laborer - Equipment Operator, from Step 1 at $350 to Step 2 at $368 per month,. effective October 1, 1962. VALDES, Arline, Stenographer, from Step 2 at $330 to Step 3 at $350 per month, effective October 1, 1962. , GIPSON, Marilyn B., Stenographer, from Step 1 at $312 to Step 2 at $330 per month, effective October 1, 1962. GOODMAN, Frederic W., Police Officer, from Step 2 at $435 to Step 3 at $460 per month, effective October 1, 1962. 2. Inventory for the Whale Rock Dam was ordered received and filed. 3. Audit report by Hutcheson, Horn, Johnson & Hey was ordered held over. 4. Mayor Davidson brought to the Council's attention the matter of improving the Public Address system in the Council Room as he has received many suggestions and criticisms that the public cannot hear deliberations of the Council or staff. Also, the Mayor asked the Council to consider the includ- ing of a tape recorder system so that a complete record of Council procedures could be had which would be invaluable to the City Council and staff to refer to for clarification of Council meeting actions. He believes that both moves would be an asset to the City. Councilman Miller stated that he saw no need to purchase a tape recorder -.as he thought important items were adequately covered in present records. On motion of Mayor Davidson, seconded by Councilman Graves, the City Clerk I was instructed to A icit proposals for integrated public address system and tape recorder for the Council Chambers. Motion carried. 5. R. D. Miller, Administrative Officer, requested Council permission to submit a progress report to the Regional Water Pollution Control Board meeting to be held in Hollister, September 21 as to the status of compliance with the cease and desist order issued by the Board. Mr. Miller presented the facts to be reported and on motion of Councilman Miller, seconded by Councilwoman McNeil, the Mayor was-authorized to submit such report to the Water Pollution Control Board. 6. City Engineer Romero presented for the City Council's information plans and specifications for the Caudill Street storm drain. Mr. Romero stated that this project had been advertised at a prior time but that due to receipt of high bids the bid was rejected. Mr. Romero also explained what would be accomplished by this project, stating that. this work by itself would not alleviate the flood Hazard to nearby pro- perties until they were willing to correct the drainage on their own property. On motion of Councilman Miller, seconded by Councilman Graves, the City Engineer was authorized to advertise for the Caudill Street storm drain. 7. City Council considered final passage of Ordinance No. 236, "An Ordinance amending Section 6100.40, changing license tax for public dances." Finally passed on the following roll call vote: AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller, Clay P. Davidson NOES: None - ABSENT: Gerald W. Shipsey September 17, 1962 8. Mr. V. R. Rossi did not appear before the City Council as scheduled. 9. On motion of Councilman Graves, seconded by Councilman Miller, the Mayor was authorized to accept and record on behalf of the City, Grant Deed from Harold N. Bruce and Faye A. Bruce for street widening on Bullock Lane. 10. 8:00 P.M. At this time the City Clerk opened the following bids for sale of bonds for the Yoakum Tract et al project 11 -62: Net Interest AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller, Clay 1P.1,-lDav!hdson NOES: None ABSENT: Gerald W. Shipsey Mr. J. Rooney from the legal firm of Wilson, Harzfeld, Jones & Morton, reported to the City Council that the bid of Cruttenden, Podesta & Miller was most ad- vantageous to the City. On motion of Councilman Graves, seconded by Councilman Miller, the following Resolution was introduced: "A Resolution awarding sale of bonds, Yoakum Tract, etal,Project No. 11 -62." Passed and adopted on the following roll call vote: AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller, Clay P. Davidson NOES: None ABSENT: Gerald W. Shipsey 11. At this time the City Council held a Public Auction for lease of land for grazing at City owned property in the Laguna Lake area. Prior to accepting any bid for auction the Mayor asked if the land lease would exclude access roads with no re- duction in the monthly rent. Cruttenden, Podesta & Miller 3.646% ' San Francisco, California Boettcher and Company 3.681% .Denver, Colorado First California Company 3.807% San Francisco, California Stone & Youngberg 3.843% San Francisco, California J. B. Hanaver & Company 3.996% Beverly Hills, California Euphrat Securities Company 4.2387 San Francisco, California S. C. Pohlman Company 4.5987. San Francisco, California On motion of Councilman Miller, seconded by Councilwoman McNeil, the following Resolution was introduced: "A Resolution determining unpaid assessments and providing for issuance of bonds, Yoakum Tract, etal, project No. 11 -62." Passed and adopted on the following roll call vote: AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller, Clay 1P.1,-lDav!hdson NOES: None ABSENT: Gerald W. Shipsey Mr. J. Rooney from the legal firm of Wilson, Harzfeld, Jones & Morton, reported to the City Council that the bid of Cruttenden, Podesta & Miller was most ad- vantageous to the City. On motion of Councilman Graves, seconded by Councilman Miller, the following Resolution was introduced: "A Resolution awarding sale of bonds, Yoakum Tract, etal,Project No. 11 -62." Passed and adopted on the following roll call vote: AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller, Clay P. Davidson NOES: None ABSENT: Gerald W. Shipsey 11. At this time the City Council held a Public Auction for lease of land for grazing at City owned property in the Laguna Lake area. Prior to accepting any bid for auction the Mayor asked if the land lease would exclude access roads with no re- duction in the monthly rent. City Council discussed the auction for lease of this property without having advertised the complete description and under what conditions the lease would be issued and also what property should be included and excluded from the lease. The City Council suggested that the City re- advertise this lease, listing the description of the property and exceptions. The City Clerk and City Attorney were instructed to prepare a notice describing property excluding the two existing access roads and the school property, if not under con- trol of the City. 12. At this time the City Council declared a public hearing on the appeal of , Carlos Moerman from a decision of the Planning Commission in denying his request for a 3 ft. 6 inch variance in side yard requirements at 2424 Augusta Street. City Clerk again read the appeal of Mr. Moerman which stated that this build- ing was set at this location due to a misunderstanding and did not cause any hardships, etc. Mr. Moerman presented a letter from Joseph Johnson and Martha Johnson, ad- joining property owners, stating that they have no objection to Mr. Moerman's utility building along their property line. Mr. Abraham, Planning & Building Director, reported on the matter and pre- sented to the Council a sketch of the property showing the plot with the main residence located 12 feet from the south property line and a 5 foot ease- ment adjacent to the property line. Mr. Abraham stated that this was the plot as submitted by the Pool Company and the plot the Building Department assumed to be correct. He then showed the Council another sketch that had been originally prepared by Mr. Moerman and submitted as a precise plot plan, showing the building in question to be 6" from the south property line. He then stated that he had asked the City Engineer to locate the building precisely with regard to the property line and this information had been added to the original sketch of Mr. Moerman. It was pointed out to the Council that Mr. Moerman's building was actually two and a fraction inches onto the property to the south and owned by Mr. Johnson. Mr. Moerman appeared before the City Council and stated that he objected to the fact that the City Planning Department knew that his building was over on his neighbor.'s property,but did not have the courtesy of notifying him but waited until this moment at the public.hearing to embarrass him with this fact. He stated that he did not approve of the treatment ac- corded by the Planning Department and further, he would tear.down the building, sell his house and business and move out of town as he did not wish to live in a community with this type of.government. Mr. Moerman then left the hearing room. Councilman Graves stated that under the present .conditions of the building being on the adjoining property he did not believe that the City Council could grant a variance until the matter of location of the building on Moerman property was settled. Emmons Blake, member of the Planning Commission, stated that if Mr. Johnson deeded a strip of land to Mr. Moerman under the provisions of the Municipal Code which would require a small subdivision, it would make both property owners liable to place all subdivision improvements on both parcels, such as sidewalks, curbs,.gutters, etc. . Mavor Davidson declared the public hearing closed. ' On motion of Councilman Miller, seconded by Councilman Graves, the City Council granted the requested variance as long as the building is 6" from the side yard line, subject to the following conditions: 1. That a plot plan showing location of the structure be recorded. 2. Waste water from the building could not.drain on the adjoining property. September 17, 1962 3. The building will be removed at owner's expense in case the easement on which the structure is erected is needed. 4. All three conditions to be recorded in the County Recorder's Office. R. D. Miller asked if the building must be moved, why not move the building to its correct location. Councilman Miller stated that this was impossible as the building was full of equipment and plumbing and it could be moved 6" or 10 ", but.beyond would be prohibited from an expense standpoint. Councilman Graves stated that, contrary to Mr. Moerman's statement, he believed the Building Department was not out to get him or any other individual citizens but were doing a good job and this situation was an honest, mutual mistake. City Council instructed Mr. Abraham to notify Mr. Moerman and Mr. Johnson of the Council's action and conditions set by the Council in person and in writing. 13. R. D. Miller, Administrative Officer, presented to the City Council a communi- cation from the Division of Highways regarding the transaction between the City and State, wherein the Hacienda property was to be traded to the City in exchange for certain sewer farm property and cash in time payments to the State, has met -with a minor objection from the Legal Department of the State Department of Public Works. Originally the agreement called for exchange of deeds between the City and State and the City would also pay for the land over a period of years. Their attorney now believes that the deed to the Hacienda property should be held by the State until fully paid for by the City. Therefore, the State proposes to exchange another instrument with the City to fulfill the intent of the present contract which would be for the State to convey a deed to.the City upon.1payment in full for the Hacienda property. The State enclosed an amendment to the Right - of -Way Contract No. 5840 which would accomplish the necessary property exchange. -After discussion by the City Council, it was moved by Councilman Graves, seconded by Councilwoman McNeil, that the Mayor be authorized to sign the agreement sub- ' ject to final approval by the City Attorney. Motion carried. 14. City Council discussed various points in the appeal of the Church of Christ re- questing reimbursement for street widening, water main extension assessments, etc. Representatives of the Church appeared before the City Council discussing various phases of their appeal. Mayor Davidson appointed a Council Committee of Councilman Graves, and Councilman Miller to meet with church representatives to discuss the church's appeal to the Council. This met with the approval of the church representatives 15. At this time the City Council considered an amendment to the Municipal Code to allow the business of printing in a C -1 zone and under what conditions a use per- mit could be granted for such businesses. On motion of Councilman Miller, seconded by Mayor Davidson, the following Ordinance was introduced to print. '.'An Ordinance amending the Municipal Code to allow the business of printing in a C -1 zone." Passed to print on the following roll call vote: AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller, Clay P. Davidson NOES: None ABSENT: Gerald W. Shipsey Mr. Quaelino appeared before the Council asking what the timing would be before they could apply to the Planning Commission for a use permit to place a printing shop on their property on South Broad Street. Mr. Quaglino was informed that the Ordinance would be considered by the Council at the next regular meeting of October 1, 1962 and could go into effect November 1, 1962 and that in order to be considered by the Planning Commission at the November 6 meeting, a use permit application should.be filed before October 16. 16. Communication from Red King Homes requesting acceptance by the Council of off -site improvements in Tract 166 and release of subdivision bonds was ordered held over to the next meeting.of October 1, in accordance with City policy. 17. At this time the City Council considered the request of Red King Homes for a refund on a 12" water main extension from Sydney Street and Flora Street to Tract 166. Mr. Houser, City Attorney, presented the following legal opinion in regard to this request: "FACTS Mr. Sohn's predecessor in interest in the subject subdivision appeared be- fore the Council on the refund arrangement for the water main extension, and the Council agreed to pay the difference between an 8" and a 12" line and agreed to pay frontage cost for certain parcels that the Council de- termined were already served but would connect to the new water extension. The question of reimbursement for frontage along the alrita district was discussed and the Council determined not to reimburse for this frontage inasmuch as said district.was adequately served and would not be connected. "REQUEST OF MR. SOHN Mr. Sohn feels that the question of whether or not there would be any. re- imbursement for frontage along the Alrita District was left open and he requests that either the City pick up the full frontage cost of the dis- trict because the district needs better service or that he be reimbursed as the individual property owners connect to the new water main extension. "LAW Section 7410.7 of the San Luis Obispo Municipal Code provides that a sub- divider shall install any needed water main extensions and upon official acceptance, the City shall assume full ownership, maintenance and control. Subdivision Two of the Section provides that the subdivider may submit to the Water Superintendent a certified statement showing actual cost of the extension and if the extension is larger than 6 ", then the Water Superintendent shall adjust the actual cost to the equivalent of a 6" main. This adjusted cost is then pro -rated against all lots or parcels "which, in the future, may be served by direct connection to said main." Such connections are subject to Section 7410.6. The right of reimbursement is limited to a period of ten years from the date of acceptance of the subdivision. The cost of connection shall not accrue any interest and refunds shall be made 'only if, as and when main connection charges are collected by the City.' .Section 7410.6 in part provides 'in no case shall any applicant pay an amount less than the pro- rated cost of the extension for the length of his frontage.' "CONCLUSI(N Inasmuch as the City Council did not determine to replace the Alrita District service with a new water main service prior to installation by the sub- divider, the City cannot at this time pay Mr. Sohn for the total frontage of the Alrita District. This is because there is not ordinance provision for making such retroactive payments and no contractural arrangement to pay such amounts was agreed upon by the City prior to the installation. The quoted sections of the Municipal Code do provide for collection and payment of prorated frontage costs 'only if, as and when water extension charges are collected from other consumers.' September 17, 1962 1 1 1 The cost of the extension should be certified to the Water Superintendent who shall adjust the cost to the equivalent of a 6" diameter main. These costs shall then be prorated against the lots or parcels in the Alrita District if they 'May be served by direct connection' in the future. Mr. Sohn will then be entitled to a refund for such charges collected upon connection, within a ten year period from acceptance of the subdivision. Any extensions by the Water Department or connection by them to fire hydrants would not be refundable to the subdivider. Owners of property in the Alrita ' District desiring to connect to the new main should be informed of the pro - ratdd cost that will be required. After the expiration of the ten year period the City Council, as a matter of policy, may or may not require a connection charge from the Alrita property owners." On motion of Councilman Graves, and seconded by Councilman Miller, that the Attorneys legal opinion be accepted and a copy be sent to Mr. Alvan Sohn, subdivider. The Mayor called ai. recess at 10:30 P.M., and the meeting reconvened at 10:45 P.M. with all Councilmen but Councilman Shipsey present. 18. Communication from Joe Hughes' Liquor Store at 728 Marsh Street requesting that the Council place a 12 minute parking zone in front of or adjacent to his place of business. On motion of Councilman Graves, seconded by Mayor Davidson, the request was referred to the Traffic Committee. Councilman Miller requested that the City Traffic Committee also look into the matter of placing a green zone in front of QDng's Candy Store at 778 Palm Street, at the request of the property owner. ' 19. Report by the City Engineer stating that the County Health Department does not take any action regarding the dumping of rubble or fill but only when it becomes a health hazard and that the placing of "No Dumping" signs or enforcing said requirements would be only against property owners and not individuals who have been dumping. Mayor Davidson reported that he received several requests from property owners requesting that the City Council enact legislation controlling dumping in the City. On motion of Councilman Graves, seconded by Councilwoman McNeil, the City Attorney was instructed to prepare an ordinance controlling dumping and also anti - litter provisions. Motion carried. 20. Communication from the City Engineer stating that the cost of completing the sidewalk in front of the Gas Company Yard at Santa Barbara and Broad Streets would be approximately $100.00 and asked the Council's guidance on whether the City should complete the sidewalk or whether it should be done by property owners. After discussion it was moved by Councilman Graves, seconded by Councilman Miller that the sidewalk should be placed by the property owner and that the City could enforce the provisions of the 1911 Improvement Act and proceed with sidewalk in- stallation. 21. City Council again considered the proposal to abandon a portion of Palm Street east of Grand Avenue and received description as presented by the Planning Commission and agreed to proceed with the action of the September 4 meeting to abandon this property. 22. Communication from the Planning Commission requesting that the City Council abandon a portion of Wilson Street and Chandler Street adjacent to Block I and II of Phillips Addition. After discussion it was moved by Councilman Graves, seconded by Council- woman McNeil that an ordinance of intention to abandon a portion of Wilson Street be introduced and that concrete curbs, gutters and side- walks be installed along Lot 1, Block I, and Lot 16, Block II of Phillips Addition, and across the frontage of the proposed abandonment as a con- dition of the abandonment. 23 Communication from the Planning Commission recommending that the City pro- & Geed with sale of City owned property known as the Armory Site on 24. California Boulevard, for use-by the California Highway Patrol or other public uses, subject to the condition that the City be assured adequate off street parking will be provided.and maintained and the driveway access to the property on California Boulevard be located immediately opposite the access road to and from the north lane of Highway 101 and in such a manner as to eliminate every possibility for hazardous traffic conflicts and full street improvements including curbs, gutters and sidewalks be installed along the property. R. D. Miller, Administrative Officer, presented to the City Council various .reports of City departments regarding the sale of this property and possi- ble use of the property. The recommended minimum bid considering conditions of fill on property and less the cost of installation of sewer and water as reported by p he City Engineer is $3,000.00. R. D. Miller, Administrative Officer, was authorized to notify the California Highway Patrol of these findings and the City Attorney prepare the necessary documents for the City Council's consideration for purchase by the State or for purchase by the person who will construct the building for the State, it being understood the use of the property would be restricted to public purposes. 25. Report of the Water Superintendent and City Attorney on costs involved in serving Cal Poly with Whale Rock water was ordered held over. 26. Report by the Water Superintendent on cost of extending water service to the County Airport was ordered held over. 27. Report by the City Attorney and City Engineer on draft of agreement with Cal Poly on sharing of cost of sewer plant enlargement was ordered held over. 28. Communication from the Library Board requesting City Council consideration of extending the 6 months reciprocal borrowing period between the County and City Library System for an additional 6 months so that the State Li- brary Board consultant can observe this operation for a longer period of time. On motion of Councilwoman McNeil, seconded by Councilman Miller, the trial period be extended for 6 months. 29. City Council Committee (Councilmen Graves and Miller) presented for the Council's consideration an amendment to the agreement regarding transfer of property along San Luis Drive and transfer of property to the City of San Luis Obispo. Draft approved on motion of Councilman Graves, seconded by Councilman Miller. 30. Communication from Johnnie Pollock withdrawing his application for a license to operate a taxi cab service in San Luis Obispo was accepted and application was ordered received and filed. 31. Communication from John Ross appealing the interpretation of the Building Department relative to the regulations of the Uniform Building Code for fire wall requirements in the Laird Apartment Building. September 17, 1962 Mr. Abraham, Building & Planning Director, presented sketches of the proposed Laird Building, explaining provisions of.the Uniform Building Code relative to required fire regulations and construction in garage area, etc. Mr. Abraham stated that the Building Construction Board of Appeals could not act on this matter unless Mr. Ross requested changing or amending the Building Code to allow this type of construction. Mr. Abraham reported the matter had been reviewed by the Board at a special called meeting, with Mr. Ross in attendance, and was aware of the situation. He further stated that tar. Ross has made changes in the building plans to meet the requirements of the Code; matter re- ' ceived and filed. 32. Communication from Herbert C. Grundell requesting that the City Council not i & take action regarding Cable T.V. in view of implications of recent decision i 33. handed down by the U. S. District Court for South Idaho. I City Council requested that the City Attorney.prepare a report on this decision I for their information. Further consideration by the Council of the proposed Cable T.V. Ordinance was held over. 34. Mr. Romero, Citv Engineer, reported on progress of the sewage treatment plant construction and stated that the contractor was completing the necessary docu- ments for construction and was expected to start the job• this week. Mr. Romero also asked the City Council that he be officially appointed as City representative to work with Paul Adamson on the project so that all matters would be cleared through the office of the City Engineer. On motion of Councilman Miller, seconded by Councilwoman McNeil, Mr. Romero was appointed as Council representative to work with Paul Adamson. 35. Communication from David Ball, 1316 Peach Street, thanking the City Council for eliminating traffic hazards on this street was ordered received and filed. ' 36. Communication from the League of California Cities notifying the City Council that the next quarterly meeting will be held in Ojai, September 20, 1962,, was ordered received and filed. 37. Communication from American Municipal Association urging San Luis Obispo to officially set .aside October 14 to 20 as National Public Works Week, and the Mayor urged that the City make some recognition of Public Works Week as the City is presently engaged in extensive public works construction which should be recognized by the public. 38. Invitation from AAUW for Council to attend political forum at Grange Hall, Monday, October 1, 1962 at 8:00 P.M. City Clerk was instructed to notify the AAUW that October 1 is the first regular scheduled meeting of the Council for the month of October and the Council will be unable to attend. 39. Communication from United States Day Committee asking the City to join them in observing United States Day October 23, 1962, was ordered received and filed. 41. Communication from the Planning Commission forwarding final map of Tract 258, Laguna Park Homes No.'6., recommending approval of the final may by Council. Report of the City Engineer stating the following requirements have been included ' in Tract 258: "Subdivider shall deed to City Schools a pedestrian crosswalk 10 feet in width, lying along the east edge of Lot 10." On motion of Councilman Graves, seconded by Councilman Miller, the following Resolution was introduced: "A Resolution accepting final map of Tract 258." Passed and adopted on the following roll call vote: AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller, Clay P. Davidson NOES: None ABSENT: Gerald W. Shipsey