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HomeMy WebLinkAbout12/17/1962REGULAR MEBT&G OF THE CITY COUNCIL December 17, 1962 - 7:30 P. M. CITY BALL Invocation was given by Mayor Clay P. Davidson. Roll Call Present: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. :filler, Gerald A Shipsey City Staff ' Present: J. W. Abraham, Director of Planning & Building; J. H. Fitzpatrick, City Clerk; William Flory, Director of Parks and Recreation; 6villiam M. Houser, City Attorney; R. D. Miller, Administrative Officer; David F. lomero, City Engineer; William Schofield, Chief of Police; Battalion Chief Wainscott, Battalion Chief of the Fire Department. The minutes of the Council meetings of November 12, 13, 19, 20 and 26, 1962, were approved as corrected on a motion of Councilman Miller, seconded by Councilwoman McNeil. Corrections are as follows: Minutes of "ovember 12, 1962 - No corrections Minutes of November 13, 1962 - No corrections !Minutes of November 19, 1962 - Page 3, paragraph 5 should read subscribers in- stead of subscriptions. Minutes of November 20, 1962 - No corrections Minutes of November 26, 1962 - Page 4, Item 6, Paragraph 2 strike out expedite the rezoning and add resolve whether or not the area should be rezoned. On a motion by Councilman Graves, seconded by Councilman Shipsey, claims against the City for the month of ecem er, 1962, were approved, su je o approval of the Ad- 1 ministrative Officer------- ----------- -------------- -- - - -- -- -- - -- - -- -- - - - -- -- Yti� X. On.a motion of Councilman Hiller, seconded by Councilman Shipsey, the follow- ing resolution was introduced. Resolution No. 10 , a resolution increasing the 1962 -63 budget (Account 343, iaater Transmission and Distribution Mains are to be increased by $13,500.00). Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, Miss Margaret McNeil, ionald Q. Miller, A. L. Graves, Jr., Gerald U. Shipsey NOES: intone ABSENT: None 1. On a motion of Councilman Graves, seconded by Councilman Miller, the. follow- ing salary step in reases were approved, effective January 1-,7963: GALLAidAY, William F., Fireman, from Step 1 at $412 to step 2 at $05 per month. CHASTAIN, Richard M., Fireman, from Step 1 at $112 to Step 2 at $135 per month. ' KIRCHP:r.R Frank W., Laborer - Equipment Operator, from Step at $435 month. 4 at $412 to Step per MAYSE, Robert H., Prcject Operator, from Step 2 at $188 to Step 3 at $515 per month. 2. On a motion of Councilman Shipsey, seconded by Councilman Graves, the follow- ing employee's requests to carry over 1962 vacation to 1963 were approved. William Houser, City Attorney - eight (8) days Stanley Sanscm, Accountant.- two (2) weeks. Olive Carter, Librarian - seven (7) days 3. At this time Irvin Kogan, Chairman of the San Luis Obispo Pure Water Association, presented a report to the City Council- regarding, a policy of no recreation on terminal reservoirs being, enforced at Salinas Reservoir and on the Whale Rock Reservoir. tlr. Kogan's report quotes experts in the field of preventive medicine and sanitary engineering supporting their request for no recreation on terminal reservoirs. The pure ['later Association asked that no exoanded or new recreation be approved by the City Council for terminal reservoirs furnishing water to this City unless approved by a majority of citizens of the City of San Luis Obispo. Dr. Harper, City and County Health Officer, appeared before the City Council and presented a report to the City Council regarding recreation on the Whale Rock Reservoir being requested by the fishing; and sporting groups.of the co. Lmunity. Dr. Haroer.stated that as the duly constituted public health authority of the City of San Luis Obispo, he recommended without reservation, that the Council deny any request for recreation on the Whale Rock Reservoir. Dr. Haroer t.hen_reviei•;ed fcr the Council's information, his sta�ement and feelings regarding the recreation on tree Santa Piargarita Reservoir and stated that due to the failure of the State-Department of Public Health to take any action on the problem at Santa :Margarita Lake, he has notified the State Department of Public realth that he, Dr. Harper, will no longer bear any responsibility for public health inspection at Salinas Reservoir after December 31, 1962. CounciLman Graves thanked 1Ir. Ko;an of the Pure 'dater Association and Dr. Harper, City and County Public health Officer, for their interest, support and diligence in this most important water problem of the City. On a motion of Councilman Graves, seconded by Councilman I•liller, the follow- ing resolution was introduced. Resolution ho. —1-077, a resolution establish- ing County policy not to approve new or expanded recreation on terminal- reservoirs serving drinking water to this City without first receiving approval of the voters of the City. Council:an Miller thanked Dr. Harper, Ar. Gates and the lure Wate_• Associa- tion for the excellent job that they are doing in the present and in the past in attempting to protect the drinking water of the citizens of the City of San Luis Obispo. Councilman hiller then explained some of the matters discussed in the Senate Hearing on this matte:. Mavor Davidson thanked the Pure [-later Association for their work and interest on this matter and particularly thanked citizens who were interested in help- ing the City Council resolve this most important matter. Mrs. Arsenio of the Pure Water Association, requested that the City Council make a special effort to have the management of the Santa Aargarita Lake be- come more sanitary :Winded and not so recreational minded. She then listed violations personally checked by her on a visit to the lake. Mr. Ko;;an thanked the City Council for its action on t're request of the Pure [dater Association and said his co _mittee was going to attempt to afford the same priviledges to all citizens of the County by requiring a vote of all the people prior to establishin-r recreation or. terminal reservoirs in the County. R. D. Miller, Adiainistrative Officer asked permission of the Council to send copies of Dr. 'arper's report and the Pure '.•:ate~ Association letter and Council resolutions to the State Department of Finance, who have been asking information on this matter. 'there was no objection by Council. On a motion of CcunciLWan Shipse,y, seconded by Councilman craves, the follow- ing; resolution was introduced. Resolution No. 1045 a resolution setting forth the Council of the City of San Luis bispo's position regarding recrea- tion at Whale Rock Reservoir. Passed and adopted on the following roll call vote: AYES: Clay:P. Davidson, R. L. Graves, Jr., i•Iiss Margaret McNeil, Donald Q. :'filler, Gerald W. Shipsey NOES: None ABSENT: None Xr. E. P. Thompson, Uater Superintendent, presented for Council's considera- tion and approval, a request to the State Division of Highways for an encroach- ment permit to place City water mains along the State Highway right of way on Highway No. 1 north and west of the City. After discussion and study of the plans by the City Council, on a motion of Councilman Shipsey, seconded by Councilman Graves, :,hat the City Council approve location of water main easement and request for encroachment permit. Motion carried. 5. At this Lime the City Council continued the Public Hearing of December 3, 1962, regarding construction of sidewalks and /or curb and gutter under the provision of the 1y11 Act. Mayor Davidson opened the Public Hearing. J. Barry Smith, 121 Highland Drive, appeared before the City Council stating that he had investigated and found that only eleven (11) children use Highland Drive to go to the Quintanna School and that at the end of the school year, three (3} of the eleven (11) will be-going to junior high school and respectfully requested that his property be taken out of this order for placement of curb and gutter at this time as he believed it was exempted by a prior Council. D. F. Romero Cit4 Engineer stated that his staff had -studied this matter and that a four 141 foot integral sidewalk at 124 Highland Drive wo,.ld cost about 4')'1,200.00 and that a four (4) f•ot separated sidewalk would cost about $2,400.00 not including retaining wall but just a slope back from the side- walk. J. Barry S.mith.asked if the City Engineer's study included damages to the private road, trees, bushes, sprinkler system and that an honest inspection of the property would show more cost involved than reported by the City Engine r, particularly damage to his access road due to the steepness of the terrain. Mr. R. H. Vincent, 415 Patricia, asked who paid to place sidewalks in the P. G. & E. easement adjacent to his property. W. M. Hciiser, City Attorney, stated that under the California law, this easement was only for surface rights and that the adjacent property owners were to place and pay for sidewalks. Mr. G. L. Scott, 296 Warren Way, stated that in front of his residence,. since the City rebuilt Jeffrey Drive, there is a pool of water laying there due to some error in the street construction and that when people walk off the the proposed sidewalk, they will walk into this puddle and reque -sts that the City look into this matter. D. F. Romero, City Engineer, stated that a visual inspection of the site had indicated that Dr. Smith's private driveway would not be damaged by ' the proposed slope. Dr. J. Barry Smith stated that nc matter how many studies are :Wade by the City Council, he would have to rebuild the private road on his property and replace trees and shrubs which would be removed from in front of his property. Mayor Davidson stated that due to the size of this property and the location of the improvement, that it should be considered as a property that could be sub - divided and that under these conditions, the property owner should pay for for the sidewalk and the City should pay for all other improvements such as road relocation, retaining walls, landscaping, etc., and then a covenant be recorded in favor of the City stating that the City would be reimbursed when the property was sub - divided. Councilman Shipsey stated that he honestly did not believe ghat the City Gown -:il knc..,s the extent of what they are proposin_; on thisuroperty and second- ly he did not ::eli ve that the City should 'oe a slave to the sidewalk policy and that the City should, in cases such•as this when the cost is so great, grant an exception to the sidewalk policy. Councilman Graves stated that a need had been established for a sidewalk on this property. Councilman Shipsey disagreed, stating that a need had not been established for installation of sidecalk at this point. Councilman Graves stated that as properties above the Smith parcel are 1 developing, the sidewalks would be needed and should be placed at this time. Also, he stated that he does not feel that exception should be granted on the c:asis of topography of financial hardship, but only on whether a need for such an improvement is shown. Kr. V'incent stated that he did not believe that a need had been shown for placing of sidewalks on his property. On a motion of Councilman Shipsey, seconded by Councilwoman McNeil- that the City Council exempt the placement of sidewalks at 124 Highland Drive. Councilwoman McNeil withdrew her.second as she understood that the motion was to defer action, not exempt. Councilman Miller stated that he did not believe exemption should be allowed to the placement of sidewalks as it would weaken the entire sidewalk program of the City. Councilman Shipsey stated that he firmly believed that some ground for ex- ception should be recognized and he believed that excessive cost was a hard- ship and would be grounds for an exception. W. H. Houser, City Attorney, explained the steps that had to be taken by the Council regarding this public "earing and findings neceasary under the provision of the 1911 Act. Councilman Shipsey stated that under the law the Council had the right and duty to hear each protest and to rule on each individually. Councilman Uiller stated that he did not agree that the property owner at 124 "ighland had the right to protest as he does not have the grounds of financial hardship and that he should proceed as required by the other citizens of the City. It was moved by Councilman :Miller that the City overrule all protests and proceed under the provision of the 1911 Act. Motion lost for lack of a second. Mr. H. C. Reinhardt, 1284 Sydney Street, stated that his basic objection was not to the placement of sidewalks, but only to the method of selection and urged that the City Council, if they were so determined, to enforce sidewalk installation uniformly on all the citizens and not just isolated property owners in the City. D. F. Romero, City Engineer, explained the methods used for selecting properties an preparation of priority lists. Mr. O'Connell asked for an explanation of who or what this committee was that was being referred to regarding the sidewalk matter. Mayor Davidson, explained the background of appointment of the citizens committee to study the problems in the City, to r1ake recommendations provid- ing the basis for action taken by the City. Mr. O'Connell then asked if there were a time limit for completion of side- walk under this program at this time. Mrs. Dorothy P4. Aldrich, 2,50�; Johnson, stated that she agreed that the present policy of the city was unfair in that the City would never require sidewalks in areas where there were none as they would not qualify under the 1911 Act and does not believe that there is any justice in this Program. W. M. Houser, City Attorney, explained the City's procedure for the plac- ing of sidewalks and the :methods of payment. He explained that if"the property owner does not wish to contract for sidewalks himself, the City would call for bids, take the most advantageous bid and order the si:ewalk placed. He believed this was an a- vantage to the property owners as a con- tractor bidding on several properties would be able to give a better price than bidding on one property. He also stated that if the cost was over $50.00, the City Council, at the otmers request, could extend the payment over a period of three (3) years at an interest rate of 3p and would be paid with the City taxes.. Mayor Davidson declared the Public Hearing closed on a motion of Council- man Miller, seconded by Councilwoman I,IcNeil, that the hearing be continued to January 7, 1963, and that the City Engineer make the necessary studies of the property at 124 Highland Drive, showing how the improvements were to be made including tree removal, road relocation, etc. ition carried. Councilman Graves voted not. D. F. Romero brought to the Council's attention the matter of Council action taken in allowing each property owner to choose his own sidewalk layout, either integral or divided, which was decided by action of Council on December 3, 1962, but he stated that the original requirement for sidewalk installation was adopted by Council resolution and he believed that this change should be made by resolution and asked the Council to pass such a resolution. D. F. Romero then showed a sketch of a typical ;;lock allowing property owners to choose the type of sidewalk for their own property and showing connections between integral and detached sidewalk. iMr. Romero continued by explaining the reasoning for the requirement of six foot integral diewalk and four (4) foot divided sidewalk. Councilman Graves stated that he disagreed with the reasoning for the nec- essity of sEF-77 foot sidewalk in residential area as a four (4) foot ' sidewalk is more than adequate. Councilman Miller stated that he disagreed and that he believes that a six 6 foot sidewalk is necessary in order for pedestrians to avoid utility poles, fire hydrants, and bus benches. Council-am Graves moved that a four (4) foot integral sidewalk be the standard in residential areas. Councilman Graves withdrew his :motion. On a motion of Councilman Graves, seconded by Mayor Davidson, that the City Council require the Planning Commission to look into the proposal of requir- ing four (4) foot integral sidewalk be the standard in residential areas and after study, to :make reco:lmendation to the City Council. Passed and adopted on the follot:=ing roll call vote: AYES: R. L. Graves, Jr., Clay P. Davidson, i °IargarettMcNeil, NOES: Donald �. Miller, Gerald W. Shipsey ABSEA;T: None On a notion of Councilman Shipsey, seconded by Councilmm Graves, that the ' policy of allowing property owners to choose integral or divided sidewalk be held over until the Council receives report from the Planning Commission. ;Motion carried. D. F. Romero was instructed by the City Council to look into the matter of improper drainage at the intersection of Warren Way and Jeffrey Drive. 6. Second consideration of the request by R. C. Skinner Corporation to accept the sub - division are met. Recommendation of City engineer was approved on motion of Councilman Shipsey, seconded by Councilman Graves. 7. Second consideration of City Council of the request of the Lakewood Associates for City acceptance of sub - division improvement in Tract No. 234. D. F. Romero stated that the sub - division agreement reouired that the plant- ing in the divider strip be installed ninety (90) days before acceptance by the City but that the subdivider had agreed to maintain said planting for a period of ninety (90) days from the date of acceptance. Also, the subdivider had deposited with the City $300-CO for removal of the concrete parapet cap on Madonna Road which would be completed at the convenience of the Cit;,. He also pointed out that these three (3) feet of curb, gutter and sidewalk and street at the southerly end of the Los Usos Road frontage road were not completed due to a surveying error but that the subdivider would deposit sufficient Funds for this completion. With these exceptions, Mr. Romero recommended that the City accept the subdivision and release the construction bond. Recommendation of the City Engineer was accepted on a motion of Councilman Graves, seconded by Councilman Miller. c. D. F. Romero, City Engineer, presented a request for final acceptance of off - site improvements in Johnson Hi6nlands Tract No. 132. D. F. Romero, City Engineer, recommended that the subdivision be accepted. On a moticn of Councilman Shipsey, seconded by Councilman Graves, acceptance to be held over to next meeting in accordance with Council policy. 9. At this time the City Council considered final passage of Ordinance No. 244, an ordinance of the City of San Luis Obispo providing for the granting of franchises for community antenna television systems in the City of San Luis Obispo; providing terms and conditions for the o_Deration of such community antenna television systems and fees therefore. Introduced for final passage on a moticn of Councilman Shipsey, seconded by Councilman Graves, and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss elargaret McNeil, Gerald W. Shipsey I•;CE3: Donald Q. Miller ABSENT: None 10a. Communication from the Division of Highways acknowledbing receipt of Resolution No. 1024 regarding relodation of highway No. 13 was ordered received and filed. 10b. Communication fro;:i the California Hi;hv.ay Commission acknowledging receipt of Resolution No. 1021, and notifying the City that it ,,,ill be presented to the commission at its meetinE during the week of December 17, 1962, was ordered received and filed. 11. Con:iunication from Maude Tolston, bringing to Council's attention the fast response by the Police Department to a complaint, and their apprehension of vandals after property damage to her home. 4ayor Davidson commended the Police Department for their fast action in this matter and hoped that the public would be made aware of the excellent job being done by the Police Department. 12. City Clerk, J. H. Fitzpatrick, reported to the City Council on the action taken by the Finance Department on the recommnendation of the independant auditors Hutcheson, Horn, Johnson & Hey on the report of their examination of the City records for the fiscal year ending June 30, 1962. On a motion of Councilman Miller, seconded by cot :ncilwoman McNeil, the re- port was accepted and ordered received and filed. On 'a moticn of Councilman hipsey, seconded by Councilman i4iller, the follow- ino ordinance was introduced. Ordinance No. 2 1, an ordinance amending the 6inicipal Code to provide that City property taxes become delinquent on December 10 and April 10 of each fiscal year beginning with the 1963 -64 fiscal year. Introduced and passed to print on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss i'largaret McNeil Donald Q. Miller, Gerala V .. 6 hipsey 1 1 1 ii0ES: None ABSENT: None 13. City Attorney, -. M. Houser, presented a copy of Ordinance No. 25a, an ordinance prohibiting dumping on private and public property, abandoning vehicles on private premises and placing hand bills on automobiles, which was held over by the City Council for study. 11. D. F. Romero, City Engineer, presented the following to the City Council re- ' garding sizes o sewer aci ities in Lacuna Park Homes No. 278. Mr. Romero explained that the original Adamson Report had indicated that the a n sewer trunk line which would serve the Los Osos Valley, should be reduced in size at what would be the intersection of Avalon and Oceanaire in Tra:;t No. 278. Recent studies by the subdivider's engineer indicate that a more logical reduction in sewer trunk size would occur approximately 1,700 feet norther- ly of this point, where on branch can serve the Peterson property to the west and another branch can serve the Johe property and others, along the west side of the lake to the north of the lagoon now being constructed by Mr. Skinner. Mr. Romero stated that in his opinion this was a more loical place to re- duceine size, but since it was contrary to the plan previously adopt- ed by the Council, he wished some Council guidance in the matter. On a .motion of Councilman Shi -psey, seconded by Councilman Graves, the re- commendation cf the pity ngineer was accepted. 15. On a motion of Councilman Graves, seconded by Councilman Shipsey, the follow - in resolution was intro uce esclution No. TU57, a reso_ution declaring Chorro Street a major street from Broad to oothiil Blvd. Passed and adopted on the following roll call vote: Af:S: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret IIc`�eil, Donald Q. i•liller, Gerald W. Shipsey NOES: None ABSENT: None 16. Communication from the Santa Rosa Market, 798 Santa Rosa Street, asking that the City Council grant him addition-al parking space in front of his grocery store, was referred to the Traffice Committee on motion of Councilman Graves, seconded by Councilman Shipsey. 17. Proposal from O'melveny and :flyers for legal services in connection with issuance of a 002000.00 tax anticipation note, was accepted on a motion of Councilman Graves, seconded by Councilman Shipsey, in accordance with conditions of letter dated December 12, 1962. 18. D. F. Romero, City Engineer, brought up the matter of abandoning a 1.10 foot strip of land adjacent to Highland Drive near Tract No. 225. Mr. Romero explained that the subdivider of Tract No. 225 had placed im- provements across the frontage of properties outside his subdivision, and 1 had dedicated a 1.%0 foot strip of land alongside the southerly edge of Highland Drive, so as to be assured of reimbursement for these improvements at such time as these properties tie in to the facilities constructed by the subdivider. Since the 1.40 strip falls outside the present road right - of -way, _ir.,laomero requested an indication fro:a the Council as to whether they would be willing to abandon this strip at such time as owners of ad- jacent property have paid their full proportionate share for the improvements. City Attorney to prepare the necessary documents for transfer of this property. 19. Resolution No. 212 -62 of the City Planning Commission notifying the City Council that the Planning Commission has granted a conditional exception to the Zion Lutheran Church from the installation of curb, gutter and sidewalks from the start of the driveway located on Santa Rosa Street northerly to the Zion Lutheran Church property line subject to the follcwin-; conditions: That the Zion Lutheran Church shall execute a covenant runninc with the land or post a bond of sufficient value to cover future cost of installation of curb, gutter, and sidewalks; said bond or covenant to be conditioned as follows: In the event any property on the same side of Santa Rosa Street and norther- ly of the church property is developedand the City determines the curb, gutter and sidewalks will serve a useful purpose, the Zion Lutheran Church shall install said improvements at their expense or inhe event additional construction takes place on church property and on request of the City, the church shall install any or all improvements at the Church's expense. On a motion of Councilman Graves, seconded by Councilman ShipseYi the re- commendation of the Planning Commission was accepted with recording of a covenant for filing of a bond at the option of the church. 20. Request of the Park and Recreation Department for authorization to call for bids for plastering the south -wall of the Recreation Building was approved on a motion of Councilman Graves, seconded by Councilwoman McNeil. Said bids to be opened January 7, 1963. 21. Councilman Graves presented to the City Council a draft of the scope of the request to be sent out to architects asking for proposals on the develop- ment of the = Mission Plaza was discussed by the City Council. City Council discussed the draft, particularly the requirement of the Architect preparing the financial implementation including recommendation for any state or federal funds available for this project in light of the fact that the City is considerinj; the retention of Stone & Youngberg to act as financial advisors on this program. On a motion of Councilman Shipsey, seconded by Councilman i- tiller, that the proposal be approved in principal and mailed out as soon as approved by Stone & Youngberg. 22. Communication from the Mayor of the City of Pomona, regarding the street deficiencies in the City of Pomona and forwarding a copy of a resolution of Pomona City Council urging the League of California Cities to support reasonable legislation to increase highway user tax and gas tax by 1¢ to finance construction and maintenance of streets within cities, was ordered received and filed as the City of San Luis Obispo was one of the first cities to notify the League of their desires on this matter. 23. Communication from Russell Brown, 1130 Woodside Drive, requestin6.that the City take some action on the indecent movies being shown at the local theaters which he believes cause juvenile delinquency. On a motion of Councilman Graves; _seconded by Councilwoman McNeil, that the Council heartily endorses good quality movies, but that the City Council does not wish to act as censors of films and that the public should make their desires known to theaters and producers of films, demanding a better quality be supplied. 24. M. Houser, City Attorney, presented for Council's consideration an agreement between the City and I-Ir. Steve Zegar for construction of 'a building on Monterey Street which would allow jr. Zegar to build a build- ing within the building setback line on the following condition: If the street is widened within the next ten (10) years, the City will pay one half (z) the removal cost of the building and fair and reasonable market value on the land aceuired. On a motion of Councilman Graves, seconded by Councilman Shipsey, the City accepted this agreement and the Mayor ,,Tas authorized to sign and record it on behalf of the City. 25. Maycr Davidson reported to the City Council on a meetin; he had with represen- tatives of Poly regarding the college request for reconsideration of the water rate to the college because the colle.;e will contribute to .-he captial cost of the new filtration plant and the City's share was included in the over- all rate increase of 40/"Q'. The Mayor reported that after studying this problem with representatives of 1 1 1 Cal :'oly and staff that it would be his recommendation that the water rates for Cal Poly be increased on 17'/20f as this is the amount involved in ',:he actual increase in water treatment cost and includes no cost for bond expenaiture for the new filtration plant. Adjustment would be retroactive to July 1, 1 62 . The recommendation cf the 1•iayor was approved on a :notion of Councilman Graves, seconded by Councilman fuller. 26. R. D. Miller, Adanistrative Officer, requested Council's authorization to 1 contact State Department of Finance requesting that a population estimate of the City be made as of Harch 1, 1963, which would continue the City's program of keeping the population estimate current in order to receive credit for annual gas tax and in lieu allocations which are based cn population. Request approved on motion of �ounc l;ian Graves, seconded by Councilman Ailler. . On ,motion of Councilman Shipsey, seconded by Councilwoman McNeil the meet- ing was adjoruned to December 27, 1962, 12:00 neon, at the Mctel Inn. Approved this 21stday of January , 1963. 1 1 ✓� i —5 FtR