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HomeMy WebLinkAbout02/18/1963REGULAR I1cETIA1G OF THE CITY COUNCID February 13, 1963 - 7:30 P. M. City =hall Invocation was given by •ayor Clay P. Davidson. Roll Call Present: Clay P. Davidson, R. L. Uraves, Jr., i4iss - argaret McNeil, Donald Q. Miller, Gerald W. Shipsey City Staff Present: J. b;. Abraham, Director of Planning and tuildin -; J. H. Fitzpatrick, City Clerk; W. i4. Houser, City Attorney; R. D. Miller, Administrative Officer; David F. Rcmero, Gity yn- gineer;.[•;illiam Achofield, Police Ghief; 'ee Schlobohm, Fire Chief; E. P. Thompson, dater :.uperintendent. Approval of the :minutes of February a, 1963, were held over. Or. a isotion of Councilman Shipsey, seconded by ,Councilwoman i4cilJeil, the claims against the City for the month of February were approved and ordered paid subject to the approval of the Administrative Of'f'icer. 1. On a :notion of Councilman Graves, seconded L• y Councilman Shipsey, the follow- ing salary step increases were approved, effective March 1, 1963. JOHi,ISGNi Bert G., Assistant Project Operator, from Step 1 at 6350 per month to step 2 at $368 per :month. Q7(Jii;I1' Stephen T., Police Officer, from Step 2 at $435 per ,month to Step 3 at $460 per month. 2. On motion of Councilman Shipsey, seconded by Councilman Graves, the follow- ing resolution was Lr.Lro ucec. Resolution No. , a reso utien adjusting accounts within the Sewer Fund. Acceun -ix. d5 U.2. Sewer- Contractural Ser- vices, be increased by $3,500.00 and Account No. 850.6, Sewer - Capital Outlay, be decreased by .3,500.00.) Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss "argaret 14cNeil, D� �nald Q. Miller, Gerald '.I. Shipsey NOES: None ABSENT: None 3. On motion of Councilman Graves, seconded by Councilman i4iller, the follow- ing resolution was •intro uce . Resolution N._I0dU., a reso ution increasing the 1962 -63 budget. (Account No. 704, Water rc ase, be increased by $30,000.00) Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, ; ?. L. Graves, Jr., I4iss "argaret McNeil, Donald Q. I'Iiller, Gerald W. Shipsey NOES: ?None ABSENT: None L4. On motion of Councilman Graves, seconded by Councilwoman AcNeil, the follow- ing ordinance was introduced for final passage. ordinance No. 227, ar. or- dinance a.iiending protions of Article V, Chapter 2, cart 2 of the San Luis Obispo =iiunicipal Code relatint; to the abatement cf weeds. 1 1 II LJ 'inally passed on the follo-.in roll call vote: 6'LiE,S: Clay P. Davidson, R. L. Uraves, Jr., Niss Aargaret = lcPdeil, Donald Q. :Miller, uerald '1ti. Shipsey PdOES: None ABSENT: Iii cne 5. J. H. Fitzpatrick, City Clerk,.reported on the folloing bids that were re- ceived for the repairinc- and plasterim�- of the e;:terior of the south -..'all of the City Recreations building: Joe '!esterman 'x3010.00 3oSer Broim 2,5 107.00 Eugene Jackson 23331.00 P. J. Zuiderweg .33484.00 R. D. Miller, 4dministratile Officer, reconnended that the low bid of Eugene Jackson be accented. On motion of Councilman Shipsey, seconded by Councilman ?.filler, the low bid of Eugene Jackson was accepted and the bid awarded. 6. J. H. Fitzpatrick, City Clerk, reported on the following bids thatwere received for the installation of traffic signals in accordance with "ity Plan No. 2 -63: A -1 Electric Company $275689.17 A -C Electric Company 263510.00 1 Steiny is ,.Iitchel, Inc. 26,127.00 Harbor supply Company 323721.00 R. D. ::filler, Administrative C'ffic�.r, redcommended that the low bid of Steiny & ;•Zitchel, Inc., be accented. On .notion of CounciLrnan �hipsey, seconded by Council- man i•Iiller, said 'bid for x26,12 7.00 way ac epted and awarded. ba. Cn a motion of Councilman !Tiller, seconded 'by Councilman Shipsey, the follow- ing resolution was introduced. Resolution No. 1082, a resolution increasing the 1962 -63 budget. (Account A<o. 250.1, Public Improvement & Betterment - Traffic signals, be adder to the 1962 -b3 budget and x5,000.00 appropriated to this account and Account No. 250,523 .Jas Tax Traffic Signals Higuera at Broad, be added to the 1962 -63 budget and x3,1:00.00 be appropriated to this account.) Passed and adopted on the followin roll call vote: Ai'ES: Clay P. Davidscn, it. L. Graves, Jr., .4iss `Iargaret McNeil, Donald Q. -filler, Gerald W. Shipsey NOES: None AL3ENT: None 7. J. H. Fitzpatrick, City Clerk, reported that the City had received applica- tions for the CATS! franchise from the following concerns: Central .alifcrnia Com;nunicati_ns Corporation H L B Co:,Lnunications Corporation The City Clerk read the basic rates in each proposal. Hr. John Cohan asked that the City Council proceed with its deliberation in awarding the franchise as the successful applicant needs as much time as possible to order equipment and to ;hake the necessary plans tc pres::nt to the Public u.ilities Coniission for use of tility line;,. The City Council set :- ednesday February 27, 19'3, at 7:30 I., for a Council meeting to discuss the CA'TV apolicati:n:.,. The City Council also asked that .he City School Board, Ccunuy ''uperintendent of Schools and Cal Poly be invited to discuss the impact of this proposal on their prospective school systems. 8. At this time the City Council held a Public Hearin;_, on the construction cf, sidewalks and /or curbs and gutters under the provisions _£ the 1 >11 Act. The Hearing was continued from the December 3, 1962 meeting. The Mayor declared the Public nearing open. The City Council discussed Lhe matter of installation of sidewalks on the John T. Cook property at 1292 Sydney Street. After discussion by the City Council of the various alternatives on this problem it wa:, moved by Councilman Miller) seconded by Councilman Graves, that the protest be overruled and the sidewalk be installed in accordance with Council policy and under the provisions of the 1911 Act. The City uouncil explained to rir. Cook that he will be required to place'a I etached sidewalk in front of his propert:; on Sydney Street and he will also have to reduce the height of the hedge on 11ugusta Street to a minimum of 3 feet for 35 feet back from the corner in Lhe interest of raffic safety as the hedge presently obstructs the view -of motorists on Sydney and Augusta Streets. Mir. Ccok objected to t_e necessity of removing t: "he hedge in order to elate • the sidewalk as the hedge is the only protection his !amily has of maintain- ing privacy in their yard. rir. Cook continued that if the hedge came out, would the City replace the shrubs taken out? Mr. aomero, City Engineer, stated that the present Council polio;, is to re- place the shrubs up to five gallon size to be planted by the property c.,ners. Mayor Davidson declared the Public Hearing; closed. 9. Communication from Quintana i "arent 'teacher's «ssociation askinr for the con- struction of a four T77 foot wide parkway type of sidewalk along; the front property line of properties on the south side of Craig 11 , ay, was iscussed by the -'ity Council. On :motion of Councilman Shipsey, seconded by Counc.ilmar. = raves, that the City proceed as rapidly as possible .:ith the installation of these side - walks cancer the provisions of the 1911 Act. D. F. Rosner_%, City Engineer, was instructed to notify the Quintant P. T. A. of progress on their request. 10. Communication from R. C. Skinner Company requesting ac._eptance of subdivision improvements in Tract :o. 262, r:as -again held over at the request of the City Engineer. 11. The City Council discussed the status of the Wilson Street abandonment and the conditions established by the City Council in September, 1962. D. F. Romero, City Engineer, stated that Ar. Haino had placed curb, gutter and sidewalk in front of the property he owns in Lot 1, Block, 1 of the ' Phillips Addition and also in front of that portion of I' +ilson Street being abandoned, but he did not place sidewalk in front of the property in Lot 1, Block 1 not owned by him. It was the Council's feeling that i,Zr. !°Zaino sho, ld not be required to im- prove property not owned by him. On motion of Coun ilman 3hipsey, seconded by councilman Niller, and in accordance with !::•solution No. 1001 (1962 Seri-s)! a resolution of intention to abandon portions of pl "ilson Street and Chamin Avenue, the Council hereby determines that that portion of Wilson and Champlin Avenue therein described is not necessary for present or prospective public street purposes and that said portions shall be and are hereby abandoned subject to the reservation of the easement therein described. 12. Communication from the southern iacific Company forwarding easement to the City of San Luis Ohispo for Yoakunsewer iine a on- Orcutt Road. On motion of Councilman Miller, seconded by Councilman Graves, the follow- ing resolution was introduce . Resolution No. IU35, a resolution authoriz- ing execution of a sewer easement iron The gout ern acific Company. Passed and adopted on the following roll call vote: ' AYE;S: Clay P. Davidson, H. L. Graves, Jr., Miss Margaret 71cNeil, Donald Q. Miller, Gerald 1-JI. 5hipsey NOES: None ABSENT: None 13. W. M. Houser, City Attorney, reported to the City Council on the status of t e contract with o.Ln -oss for orofessional services in connection with the design and construction of the Civil Defense Control Genter in the base:sent of the City Hall. Mr. Houser continued that in the contract presented by 1,1r. Ross, there were severa questions regardin•- payment to the :architect and ownershiD of the documents and other miner points, and ...,ished the guidance of the City Council on t"Iese matters. On motion of Councilman Shipsey, seconded by Ccuncilman °liller, that the City Attorney prepare a araft copy of his r•eco:amence cont•rac and mail it to the Council for its consideration. 14. The following communication was re eived from the property owners on the lower side of Cerro Romauldo and Tassajara Streets: ' "Durin.,; the recent heavy rainstorms in San Luis Obisno the sewers to the houses on the lower side of Cerro Romauldo and Tassajara Streets filled up and the occupants of many houses in this vicinity were unable to use their sewer facilities for a period of several hours. "Both the City Administrator, iIr. Miller, and the City En;ineer, Ir. Romero, were contacted by telephone. ?•pie were advised that the reason for this backu_o was due to one or possibly both of the followin- reasons. (1) Rain water from the eave Sutters was being diverted directly into the sewer line in :many places above the intersection of Cerro Romauldc and Tassajara Streets. (2) Rain water seepinl- into the sewer line throu;,h manhole covers and -round seepage was sufficient to overload the present sewer line. "In considering the possible reasons for this sewer backup seve_al questions have been raised. We think that they warrant your attention since it is very possible that t:ie answers to these questions mi_ht be of .-rave concern to many city and county residents livin below the intersection of Cerro Romauldo and Tassajara Streets. 1. If the present sewer line is sufficient to handle the increasin sewn :fie load placed on it. b,, near residential areas :rouldn't it talcs considerable rain :•rater to overload the line? ' 2. If this much rain crater coild -et into the sewer line then couldn't some of the undesirable elements of the sewaCe Set out into the channels normally used for carrying rain crater? 3• If only ground seepage and leakage through :aanholo covers causes the backup, doesn't this indicate a nearly overloaded sewer line? 4. If this sewer line is so nearly overloaded thrcu;h normal use isn't there going to be serious problems arising from continued addition of resi-dences to this line? `Daring heavy rainfall we are unable to use sinks, washing :machines, garba-e disposals, hathubs, or toilets. Due to the complete lack of sanitary facilities we are concerned about the h_alth aspects involve::. We are there- fore sendin a copy of this letter to the San Luis OLispo County Health Officer. "l.'hile we have definite suSgestions to make to relieve this problem we _eel that the various city officers and employees concerned with this t-,-3e of problem can find the most desirable solltion. "i+e, the undersigned, respectfully request your innediate attention to this matter." F. i-iichael Lace,; Mrs. Betty Lacey 335 Cerro iiomauldo Silas Atchison ors. Louise Atchison 143 No. Tassajara Dr. "-!arren 0. ?ass irs. ienevieve bass 157 N. 'Tassajara Dr. John -0. Olsen Mrs. Sally Olsen 391 Cerro omauldo Dewey A. Craig 142 N. Tassajara Dr. C•1r. Jack Swack Mrs. = -leraldine Swack 171 Tassajara Dr. William 'Thermcnd 345 Cerro tomauldo D. F. Romero, City Engineer, explained that the Adamson- Pearson report of 9 74 and his report of 9� indicated that the'sewer line on 'rassa.jara be- tr:een Cerro - tiomaulde and Fcot':ill Boulevard and on Cuesta between Cerrc Romauldo and ='octhill Boulevard were overloading at that time and that con- tinued development alone :,-ith storm water infiltratin_> has created a serious ser:•rer overload at these lines. tr. 'omero su,F"ested that the solution :• rculd involve cons ruction of a parallel line on Tassajara, another parallel line on Cuesta, and possibly an enlar e- ment of the trunk line on Foothill between Tassajara and Cuesta. He pointed out that this :night not solve the problem for the ;ass residence which is locat•_d below the street level and mi;_ht still be subject to sewer backup: 7?r. Romero indicatea' that he could pre.care a orclininary report fcr the City Council y the next meeti_n� and if this .ierc approved, the construction could be :wade during the summer of 1; •` _J . The Ci Coi:ncil instructed the City Engineer to make a study of this sewer ?robles-i and prepare a report on his -uc o;tiaendation for correcting this matter as soon as possible. I. i. City Attorney, explained to the City Ccuncil the City's lia- .- H , cility in recPard to deferring any action to correct this matter as the City has been nut on notice that a defective condition exists and the Cit-; could be liable if additional damage results.. l ?arren Bass informed the City Council that he had reCelVeC a letter from r. Romero instructing him to install a check valve in his sewer line within 10 days or be disconnected fro:.! the ;Hain. He requester that he be exempted from ' constructinc this back Crater trap until after the sewer lines have been en- lar_ed, since it woul,: brobaLl:' not be necessary at that time. On the matter ord.erin :1r. I•larren Bass to install a hack water trap, �r. Rouser stated that unless =1r. 'ass stated he would not hole the City re- sponsible for a.ny damage, then the City should proceed with the installation of the trap. Bass stated that h° lti: uld not held the City for an c mage while a study 1s bein ;lade of the seller nrohlcm. p.L. Hcuser, Ci tv .-"•.ttornev, stated that l-Ir. Bass shculr. file a letter with the City Council so statin:_ his intentions. On motion of Councilman �ravcs, seconded '.:y Councilman Shipsey, that a ce- lav of the installation of a. back water tra.:, on the Sass property be approved subject to the filin:, of a letter by I1r. Bass stating, he would not hold the City liable for damages. ;Motion carrier.. 15. Resolution ci The California Hi=_'hwa'is Commission re .-Olvinr its intention to convey to the City that 18.1j acre tract of land south of the City upon 'completion of terms and conditions in the ri girt -of -war contract P:o. f J. H. Fitzpatrick, City Clerk, was instructed to notify the Division of Hi;;h::ays that the City will comply with agreement of purchase and request a billing from the State for the first payment in accordance with the aCree- ment. 16. At this time the City Council considered the introduction cf• Ordinance No. 2�I an ordinance providir. :, for charLc -- to be levied for property not pre- viously serviced by the City water s;• stem. The City Clerk read the oro- :isions of the ordinance as presented. Councilman Graves obJected to the acreage charges as tieing unfair as it does not take into account the use of the land or the density that could be ;laced on the land. Fe oronosed that instead oI' an acreage charge, that. a resident ial .Lnit charge be used based on the use of the land ant zon.in_ la,:: of the C it;;r. !`Iayor Davidson stated tihat he believed that the acreage charge was equit- able, but that if the Council decided they could ?lace in a rescluticn, in addition to the acreage char: e, a unit charge could 'ce: included. E. P. Thomoscn, 7,TI uperintendent, stated that he believ.c that the in- .-a- ) d vidual units on an acre were taken care of in the -.cater service charges, under Sections 71110.2E and 7µ10.2e of the iunicioal Code .which required additional ' charges when more than one d-v;elling is located on one lot and for apartments. The City Council discussed the ronosal of usin;> a residential unit charge in- stead of a flat acreage charge and also discussed the ad,ainistraLive problem involved in both proposals. On motion of Councilman -!iller, seconded bj Councilman IhiT)sey, Ordinance fio. 25h :as introduced and oassed to print on the following roll call vote: ES: Clay P. Davidson, !Miss Margaret IcNeil, Lonald Q. i•iiller, Gerald 1:1. Shipsey NOES: R. L. Graves, Jr. ALSENT: None D. F. Romero, City Engineer, su;; ested that the City Council establish a :mini Trim lot size or require the orooe_•ty ci-.-ner to submit a calculation of lot area under this erdinan�;e to avoid City personnel being; required to com- oute eac. lot w:Lich is less than one acre in area. 17. Ccr,•✓ of com aunica.tion from the Depart-aent of Public health to the board of Su_erviscrs re e.rdin developments at Santa :Margarita Lake, was ordered rec?eved and filed. Cn motion of = '`•ayor Davidson, seconded by Council-man Miller, that the City Council request that the City °ealth Officer, Dr. harper,sug =est health standards for operation of existing recreation facilities at Santa =arLarita Lake. :lotion carried. Council-,iar. Shinsey voted no. 18. Covenant from the Zion Luthcran Church Guaranteeing installation of curb, gutter and sidewalk on the church property, was ordered .a :..en from th:. agenda. 19. Com:nunication from Formost Dairies, !n:�., reiiuestin; that a 12 minute pai -king zon ± e be established in 'rent of their off'i. ;e at 570 HiEuera Street, h:as referred to the Traffic. 20. Communication from the Launderette, 3h6 Hiu'uera Street, asking for a load - inr7 zone or limited oar]Cin_: zone in front of their property, was referred to the Traffic Coiaaittee. 20a. ?•sayor Davidson requested that the Traffic Gomrittee restudy the lanes and sic-ns directing the turning ;ncvement from Chorro Street, crest bound to HiZuera Street, as he stated that he had received several calls on the con- fused ;;narking on this intersection. 21. Co:naur_ication from the subdivider of Johnson Hi•hlands pretestin- the cost ' fen the installation. of the crater sin on r ora� Feet located in Tract No. 212 and askin. that no money be disbursed to fled K_JnC Homes until a de- cision is made on this matter. i•r. Blaser, subdivider, stated that -to date he had received no breakdown from the Uity of the water -gain of Flora Street bet:een Sydney Street and Alrita Street, locate. in Tract No. 212 and further, that until he nap re- ceived this brea4:dorn, he cannot see shat the char!es to him were. i'r. L. P. Thompson, ?Mater Superintendent, then presentee: a 1enF�Uhy ver' al report on t.ie ~net. oc of ca c=l Tang the pro -rata share of the main cost on Flora Street. r. Blaser then presented figures mated figures of the cons ruction to construction and further, that not installed and he believed tha and finally he believed that this less cost than it was. given hi:a b-, the City which were esti- cost for this subject water :gain prior some of the ite:ls in the estimate were It he should be reimbursed for these items water main could have been put in fcr ?L ~. 91 Schn appeared before the City Council statinc that l•ir. Blaser was in error when he stated that he was not aware of what was going on when he, 'r. Sohn, was putting the water :rain in Flora Street, as he stated that r•r. ?laser was fully aware of the matters involved in the construction of this main. :41r. Blaser stated that his :pain objection was to the fact that lie had never seen�t e actual figures for the construction of the subject water main and that without these fi;ures, it was difficult for hi:r, to pay cheerfully as he wished to pay his fair share of the cost of the water main, but not for mistakes :made by ethers. Ecuser, City Attorney, stated that the City ordinance specifically sets forth the method of calculating the refund to subdividers and that the City Council should make the determination that the refunds and reimburse - ments are met in accordance with the provisions of the Code. „ ouncilman Shipsey stated that he could see no reason why 24Ir. Blaser had not or should -not receive conies of the fi=es, as prepared by t•r. 'Thompson, for his files. I. 1r. Blaser stated on that basis, he would withdraw his protests. 22. Resolution of the County Superintendent of Schools requesting consolida- tion of the San. Luis Obispo Elementary School election frith the general municipal election of April 9, 1963, and notification by the County Super- intendent-of Schools of the pending school tax. increase election. On motion of Councilman Shipsey, seconded by Councilman Ziller, the re- , quest to consolidate the election was approved and the City clerk was in- structed to proceed with the consolidated election. 23. Recuest by Pacific Telephone that the City Council deed a strip of land in lot #4, Block r20, site of the new communication facility, to clear the title on this property. On motion of Councilman Graves, seconded by Councilwoman McNeil, the follow- ing ordinance was introduced. Ordinance No. 25T, an ordinance autrorizing execution of quit claim to the Pacific Telephone and Telegraph';Company. Passed to print on the follo:ain� roll call vote: AYE'S: Clay P. Davidson, R. L. Graves, Jr., hiss "largaret McNeil, Donald Q. :'filler, Gerald .i. Shipsey IeOES: _done ABSD•; T : N-1 ne 24 . On :motion of councilman Shipsey, seconder by Councilman Graves, the follow- ing resolution was intro uce . Resolution No. u�, a reso uuicn authoriz- ' ing execution of agreement for census es imaue. Passed and adopted on the follovring roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Iiss = largaret iIcileil, Donald Q. ililler, Gerald W. Shipsey NOES: 'done ABS 1iT: Iione 25. Anonymous communication from a citizen regexdin� the ;treat number of dogs running loose in thr: City of San Luis Obispo, eras ordered received and filed. 26. Letter from Andrew Renetzky regardinb traffic problems at the corner of California Boulevard and Hathway, was referred to the Traffic Committee. 27. Legislative bulletin from the League of California Cities on Senate Bill No. 344, additional financing of City streets and County roads and revision of existing 5/30 reouirenent. Included is a cony of Senate Bill I`10. 31w; and a copy of tables showing tax rates, revenue, present and proposed apportion- ment and distribution of old and ne: monies for Counties and each City, was held over to the agenda of ?larch L, 1963. �3. An analysis of California District laws enacted at the1961 regular session and 1962 sessions of legislature, was ordered received and filed. 49. Reminder of notice o_ the Channel Counties Division of Lea..ue of California Cities :meeting, on : 'larch 21, 1963, in the City of San Luis Vbispo, iras or Br- ed received and filed. 30. J. FitzDatrick, City Clerk, announced that an Urban Transportation Planning Conference frill be held in Sacramento on 'February 25 -26, 1963, and the sponsers, in part, :•rill be the American Municipal Association. 31. On :notion of Councilman !•filler, seconded by Councillvroman McNeil, the i %ayor was authorized to communicate with thePublic Utilities Comaission, re- questinj� that the Southern. Pacific Daylight passenger trains be put into service as soon as oossible. 32. Communication from the Hoedol,ners, requesting per fission to hold a street square dance on Thursday, February 23, 1963, on Carden Street, 'uetween Higuera and =,iarsh Streets. On motion of Councilman :Miller, seconded by Councilman Shi;Dsev, the request was approved subject to coordination eith the Police Department. 33. D. 2-liller, Administrative Officer, reported to the City Council that the '. :ori'faiirs Uouncil and the Social Science Club of Cal Poly are holding, ' a meetink in the City Council Chambers on February 23, 1963, to discuss the European Con..on iIarket and if the City Council had no objection, he would grant then: permission. The Cit y Council had no objection. 3�. On motion of Councilman Shipsey, seconded by Councilman Miller, the follow- ing resclution was introduced. Resolution No. 1W'l, a resolution increasing the 1962 -63 budget, (Account IIo. 212.4, SuildinC lnspection - Travel and Heeting ':Dense, be increased by .+75.00.) Passed and adopted on the followin,; roll call vote: A' ES: Clay P. Davidson, L. Graves, jr., L'I:iss Margaret - `icldeil, Donald. :tiller, Uerald '.•.'. Shipsey PiCES: None