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HomeMy WebLinkAbout07/13/1964IDJOURNED MEETIWG OF CITY COUNCIL July 13, 1964 - 7:30 P. H. CITY ;it' U Invocation was given by eiayor Clay P. Davidson. Roll Call City Staff Present: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Miller, Clell .1. "-aelcael Present: J. H. Fitzpatrick, City Clark, F. Chapman, Planning & Building Director; D. D. Miller, Administrative Officer; D. F. Romero, City Engineer; W. Schofield, Police Chief. Mayor Davidson introduced the following members to the newly elected City Council of the newly incorporated City of Morro Bay: i-?illiam Payne, Chester Zinn, Vernon D. Grass, Jack Surfluh, and Paul Bowen. The minutes of June 15, 1964 were corrected as follows: Page 5,. Paragraph By Councilman Graves: Should -read, "Councilman Graves agreed that the installation of sidewalk on the Lizzie Street side would cause an undue hardship on the property owner." The following motion &..ould read: "On motion of Councilman Miller, seconded by Councilman Graves, that the Lizzie Street side of 1780 Fixlini Street be deleted from the resolution. Motion carried, Councilman i:helchel voting no." On motion of Councilman Miller, seconded by Counc- lwoman McNeil, the minutes of June u and 24, 1964 were approved as read and the minutes of June 15, 1964 were approved as corrected. Motion carried. 1. The following communication was received from Mayor Davidson reviewing meeting of July 9, 1964 discussion of proposed motel tax: "On Thursday, July 9, 1:64, a meeting was held at the Motel Inn with all cities in the county represented with the exception of Morro Bay, which is in the process of incorporation. The subject of a uniform hotel and motel room tax throughout the county was discussed and it was agreed that such a tax would be useful and equitable, particularly if enacted by all cities within the county and by the county government. Each city representative agreed to take back to his city council a proposal that a resolution of intention be passed agreeing to levy a hotel and motel room tax of four per cent (4 %) provided that the tax would not be effective until all cities within the county and the county government had pas:,ed a similar ordinance. A suggested resolution of intention is attached for the consideration of the Council in the event that you concur with this thinking." Mayor Davidson briefed the background of the legislation allowing cities and counties to levy a room tax. He stated that the purpose of the tax, if levyed by the City, would be to promote tourism and conventions in the City and in the County. the stated further, that these funds should not be u.ed for any purpose other than tourism and for a convention center and urged that the City Council adopt the resolution of intention presented to them. Councilman HU ler asked would it not be better to hold a public hearing on this proposal with representatives of the motel-hotel group in order to get their reaction to the Mayor's proposal. City Council Minutes July 13, 1964 Page -2- Mayor Davidson stated that he had discussed this matter with representatives of the motel -hotel organization and stated that if it were a county -wide tax that they would go along with it if the funds were used for the stated purpose. Administrative Officer Miller stated that at the meeting held to investigate this matter that the representatives of Paso Robles stated that their motel - hotel operators were agreeable to this tax, and the Ixroyo Grande representatives indicated that their City Council was agreeable. Duane Burleigh, Secretary- manager of the Chamber of Commerce, asked if the funds to be collected from this bed tax were to be used for a convention center in the City of San Luis Obi4o or was a convention center to be provided in each city in the county. Mayor Davidson stated that the various cit representatives at the meeting agreed that the tax should be levied on a county -wide basis, but that the funds would be retained by each city and the county to be made use of for promotion of tourism and conventions in their own areas. Aar. Burleigh again appeared before the Council stating that the whole proposal was quite nebulous and that the local motel owners would not meet until Tuesday, July 14, 1964, and further, that any action taken by the City Council at this time would be premature until the Chamber of Commerce and the motel - hotel operators were heard from. He further stated that unless Santa Barbara county and the cities in Santa Barbara county enacted such it tax ordinance, he was sure that SEn Luis Obispo County would not enact such a law. Further, he stated he had not been notified of the Mayor's meeting regarding this important matter for the Council nor was anyone else notified or invited to attend to give their views. Councilman Whhelchel suggested that a public hearing be held at the next meeting so that the motel -hotel owners and operators could be heard from on this matter. On motion of Councilman IvAller, seconded by Councilman Wheichel, that a public hearing be held on July 20, 1964 at 9:00 P. M. at which time this matter of bed tax will again be discussed. Motel -Hotel operators to be notified by post card or letter. Motion carried. 2. Communication from D. F. Romero, City Engineer, to M. J. Hermreck, Inc., contractor building the Foothill Bridge reconstruction for the City of San Luis Obispo, notifying Mr. Hermreck that he was not proceeding in accordance with the specifications and the contract that an adequate work force was not being maintained on the project, that 487. of the contract time had elapsed, and that there were only 46 more working days to complete the project, and further, that the City fully intended to apply the liquidated damage provisions of the contract. Communication ordered received and filed. 3. On motion of Councilman Miller, seconded by Councilwoman McNeil, the following salary step increases were approved: AVERS, Richard D., Sr. Disposal Plant Operator, from Step 4 at $503 to Step 5 at $535 per month, effective August 1, 1964. BALDWIN, Charles 6., Police Officer, from Step 4 at $535 to Step 5 at $565 per month, effective Pugust 1, 1964. BELL, George A., Filtration Plant Operator, from Step 3 at $430 to Step 4 at $455 per month, effective August 1, 1964. BRANZULLA, Donald A., Janitor, from Step 3 at $305 to Step 4 at $405 per month, effective August 1, 1964. FA.RRIS, James F., Police Officer, from Otep 2 at $4E0 to Step 2 at $508 per month, effective August 1, 1964. SPENCER, William R., Fireman, from Step 1 at $455 to Step 2 at $480 per month, effective August 1, 1964. 1 City Council Minutes July 13, 1964 Page -3- 4. on motion of Councilman Graves, seconded by Councilman Miller, the Mayor was authorized to sign on behalf of the City the extension agreement between the State of California Disaster office and the City for Civil Defense pumper #29. Motion carried. 5. The following report was received from the Council appointed Sidewalk Committee recommending sidewalk policy for the City: "Attached is a recommended sidewalk policy prepared by the staff committee appointed by the City Council. Enclosed also is a summary of previous council policies. You will note that the proposed policy incorporates many features adopted by the Council within the past years and that it also closely parallels the Planning Commission's recommendation for a sidewalk policy. We believe this proposed policy of the general public and those relatively easy to administer. the council of a great deal of sidewalk problems." SIDErr7ALK POLICY provides a reasonable balance between the needs of the individual while still remaining We believe also thet this policy will relieve time spent in providing solutions for individual 1. The width of sidewalks shall be not lees than four feet if detached from the curb and not less than six feet including curb width if attached to the curb. Sidewalks may be constructed greater than the minimum width upon approval by the City Engineer. 2. The width and location of new sidewalks shall correspond with existing sidewalks within the block subject to the following: a. In the event one -half or more of the blocs frontage has been improved with sidewalks of greater then minimum width, then all new sidewalks in said blocs shall match the existing width and location. b. In the event less than one -half of the block frontage has been Improved with sidewalks of greater than minimum width, the location of new sidewalks will conform to existing sidewalks, however new construction will not be required in excess of the minimum width standards. c. In the event there are no sidewalks in the block, then the property owner may construct either a 4' detached sidewalk or a 6' integral sidewalk whichever will better preserve desireable trees within tiie block. d. The installation of both 6' integral and detached sidewalks within the same block will be allowed only upon determination by the City Engineer that the change within the blocs is necessary to preserve a desireable tree that is at least 4" in diameter, a distance of 2' above ground level. e. Four foot integral sidewalks will be 2ermitted where the average crossfall in the block is greater than fifteen percent as determined by the City Engineer, or where approved four foot integral sidewalks have been constructed across at least one -half of the block frontage. f. If existing sidewalks in a block consists of part integral and part detached then the City Engineer shall determine the type and width of any new sidewalks. 3. In commercial districts, the width of the sidewalk shall be equal to the distance between the curb and property line. A residential standard may be permitted in outlying commercial areas upon determination by the City Engineer that said width is sufficient to serve future pedestrian needs. City Council Minutes July 13, 1964 Page -4- 4. This sidewalk policy may be modified for a particular location by the City Engineer where, in his opinion, the change would be in the best interest of the City. Councilman Whelchel .iuestioned the re.iuirements in Paragraph 2a as he does not believe that property owners in residential areas should be reque -,ted to place sidewalk at a width larger than that required for the present use. D. F. Romero, City Engineer, explained that it was the view of the staff and of the Planning Commission that property owners within a block where sidewalks had already been improved to greater then minimum width for more than half the block should be required to place new improvements to correspond with existing improvements so as to achieve uniformity and safe passage for pedestrians. Councilman Killer stated tiiat lie agreed with the ctaff recommendation as this matte: presented by Councilman i7helchel would only happen in areaz that were changing from residential to commercial use. D. F. Romero, Cite Engineer, stated that these recommendations were set up to allow the City Engineer to make the day to day decisions regarding sidewalk installation and to minimize the number of sidewalks considerations that the City Council must make at each meeting. Councilman Graves suggested that the following wording be-added to Paragraph 2a: "...when in the opinion of the City Engineer, the existing pedestrian traffic warrants the increased width,' On motion of Councilman riiller, seconded by Councilman Grave:;, the following resolution was introduced. Resolution Oo. 1317, a resolution establishing curb, gutter and sidewal': improvement polic; . Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., iviiss Margaret McNeil, Donald Hiller, Clell W. tihelchel 14035: None ABSENT: None 6. City Engineer Romero made the following report to the City Council on the installation of sidewalk on the south side of Foothill Boulevard between La Entrada and Tassajara. Mr. Romero pointed out that following the present street widening policy, property owners between Tassajara and La Entrada would spend $2,707.00 for their share of the improvements and the City would spend $4,259.00 for its share not considering street paving, engineering and legal work and assuming that property owners mould agree to value set by the City Assessor. He sugge -Tted that he be allowed to negotiate with the property owners in order to achieve installation of improvements on a voluntary ba ::is prior to the Council taking action to force the remainder of the improvements. On motion of Councilman Miller, seconded by Councilman Whelchel, that the City Council proceed with the recommendations of the City Engineer to contact the property owners and negotiate for property acquisition. Motion carried. A. The following communication was received from H. L. McEeen: 'This is a request for a reduction of width of proposed walk from six (6) feet - as previously planned - to a maximum five (5) feet including curb. Upon consultation with the proper authorities on the probable results of a walk built so clone to an eight (S) foot high hedge of many years standing, we are advised that the future life of this hedge would be questionable. Uithout it, our property would cease to be desireable, at least to us. City council Minutes July 13, 1964 Page -5- The consensus of opinion of the other property owners in this area is that a five (5) foot walk would appear to be ample to serve all purposes. Your consideration and cooperation in this matter would be greatly appreciated." D. F. Romero, City Engineer, explained that the worse condition along tl.e Mc3een property would create a 2' cut and that the back of walk would be located approximately 2' from the hedge, thus creating a l:l, slope back in fairly stiff material. This slope could be either planted or held by a small retaining wall. Mr. Romero pointed out once again his obection to continued granting of exceptions to standards, particularly in view of the fact that the VanDam property across Lizzie Street had a much more difficult construction problem and has not requested an exception. The City Council discussed the request of Mr. McICeen for a variance in sidewalk width on this property in order to protect a fine old hedge existing on Lizzie Street. On motion of Councilman Whelchel, seconded by Mayor Davidson, that a variance be granted and that only a five (5) foot sidewalk be required on Lizzie Street. Motion lost on the following roll call vote: AYES: Clay P. Davidson, Clell W. [•lhelchel NOES: W ss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller ABS31T: None 7. On motion of Councilman Iihelchel, seconded by Councilman Miller, the Mayor was authorized to accept and record the Quitclaim Deed from the County of San Luis Obispo for a 10 foot strip of county property located on Santa Rosa Street. The Mayor was also authorized to sign the street widening agreement. S. Recommendation received from the Planning Commission recommending that a portion of California Boulevard in front of Anita Zathway's property be declared surplus and disposed of by the City. D. F. Romero, City Engineer, explained that this parcel would lie on the property side of a maor street section tentatively adopted for this area and that in his opinion would not be needed for public street purposes. On motion of Councilman Miller, seconded by Councilwoman McNeil, that the property be declared surplus but that the Staff see if it can be sold by the City. Motion carried. 28. Lt the request of Paul Davis, Attorney representing the Broad - Ferrini Property Owners Association, Item ff23 was presented for the Council's consideration. Councilman Whelchel stated that he did not believe that this matter of 0taff recommendation on proposed routes for Highway No. 1 development should be discussed at this time by the Council or Staff until after the public hearing is held by the Division of 13ghways on July 16, 1964. On motion of Councilman Whelchel, seconded by Nayor Davidson, that the Staff reports be received and filed. Motion carried. Mayor Davidson explained that he had held a meeting with several members of the Staff regarding their thinking on the proposed routing for Highway No. 1. Ide further stated that he did not request any department head to make a presentation at this Council meeting, but only that they should be prepared to report if requested by the City Council. Further, he did not believe that the department reads should be held back from making statements dealing with their specialities such as planning and engineering. Norman Sharp stated that he disagreed and that the City Engineer should have the right to make his opinion known as an individual, but not as an official. He stated that he did not believe any city employee should speak out on these matters until a decision has been made by the City Council. City Council Minutes July 13, 1964 Page -6- Dr. Mullin, President of the Broad- Ferrini Property Owners Association, stated that he agreed withi1r. Sharp that City officials should only speak out as Individuals but only the Council should set policies after due deliberation. Paul Davis, Attorney, stated he believed the Council should set the policy and no paid employee of the City, as only the Council has been elected by the people to set policies and that they are the only ones who should do so. administrative Officer Miller stated that it was understood that the Council set all policies for the City, but ordinarily they did not mean that staff members made recommendations to the Council which the Council could accept or reject. However, it was up to the Council whether they wanted to hear the recommendations or not. City Engineer Romero stated that in his opinion the staff would be derelict in its duty if it did not make recommendations to the City Council on items in which the staff has special training. Councilman Umelc'nel thanked the department heads for their reports, but stated that this matter was not set or scheduled for public hearing at this adjourned meeting. Councilman Miller presented the following statement for the Council's conz;idera- tion: "Ground Rules of the Council on the .question of highway Routing of No. 1. 1. As a Councilman I recognize that each member of the Council has the right to his views when he desires. However, on an issue as important as highway routing, it seems to me public statements on the routing ought not be made until after the Highway Department's July 16th public hearing. 2. The staff, unless authorized by a ma_ority of the Council, should not express their views publicly. 3. Following the Highway Department's public two weeks notice of a public hearing. At this the opportunity to present their views. ::ter same meeting, the Council and the staff should each route. Then the Council should reach an route." ;searing the hearing the public disc, discuss the .2greement as Council should give public must be given assion, and at the pros and cons of to the desired On motion of Councilman Killer, seconded by Councilman Graves, that tine City Council adopt Councilman 11iller's statement as policy in this matter. Nation carried. Planning Director Chapman asked if this motion meant that he was not to speak out on this mattei at all. Councilman Miller stated yes, that was the reason for the resolution. i'dministrative Officer Miller asked if this resolution meant that Mr. Chapman could not discus.: this matter with the Planning Commission at their meeting on July 14, 1964. Councilman Miller stated that was correct, as Nom. Chapman is a City employee and mist bow to the will of the Council. Mr. Sharp stated he believed that additional important data was to be presented at the Division of ' Highways meeting on July 16, 1964 dealing with biological and medical problems and that he did not believe the City Engineer was qualified to speak on these matters as he does not :snow what is to be presented at the Division of Highways meeting. Mr. Ed Rodrigues, property owner, stated that he believed that all public officials should make thei_ feelings known on matters as important as the freeway location. 1 1 City Council Minutes July 13, 1964 Page _7_ Councilman Graves stated that he agreed ::hat department heads should mace studies and recommendations to the Council, but on this particular matter, that they should be done only after the official highway meeting of July 16, 1964. Mayor Davidson stated he o:)jected to the passage of the resolution introduced by the Council as it actually muzzles the City employees and they are paid to make reports to the City Council and that he believed it was unfair and undemocratic to take this action at this time. Idministrative Officer Diller stated that the practice in most cities was to give some freedom to the staff in expressing themselves prior to a Council decision on the particuia_ matter, but not afterward. Resolution No. 1313, a resolution declaring procedure for Council decision on the re- routing of 71-ghway Do. 1, was passed and adopted on the following roll call vote: AYES: Miss ifiargaret McIftil, R. L. Graves, Jr., Donald Q. Miller, Clell U. ujhelchel NOES: Clay P. Davidson ABSENT: None 9. Councilman Graves brought to the Council for their discussion the matter of street dedication in small subdivisions and the installation of street improve- ments. Councilman Graves stated that many multiple dwellings and apartments are not required to dedicate land for street widening or paying for street improvement, but that these multiple dwellings increase the land density and add traffic to the City street, and that a property owner who subdivides four (4) lots or lees is treated as a subdivide; and must put in subdivision improvements such as curbs, gutters and sidewalk, and dedicate the land. City 'Engineer Romero explained the City policy dealing with small subdivisions and street widening for subdividable parcels. 'Ie suggested that Councilman Graves consider revising the street widening policy rather than the subdivision ordinance. Councilman Miller stated that he believed the City policy for small subdivisions should be more liberal and suggested that the Mayor appoint a Council committee to investigate this problem and prepare a report and recommendation for the City Council. Mayor Davidson appointed Councilmen Graves and miller as a Council committee to Investigate this matter. 10. Petition from the parents of children attending Pacheco School and living in the Escuela Alta area, requesting the conzide ation of the City Council to install a crossing guard on Monterey Street at Grand Avenue. On motion of Councilman miller, seconded by Havor Davidson, the re:,uest was referred to the Traffic Committee, and the City Engineer is to inform Mrs. Harper when the report will be presented to the City Council. 11. On motion of Councilman Graves, seconded by Councilman tlhelchel, authorization was granted to cell for bids for purchase of two (2) motor scooters for the Police Department. Motion carried. 12. On motion of Councilman '?helchel, seconded by Councilman Graves, the following resolution was introduced. Resolution No. 1320, a resolution congratulating Morro Bay on its incorporation and offering cooperation to the new Council. Passed and adopted on the following roil call vote: 1 J City Council Minutes July 13, 1964 Page -8- AM Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. TAielchel NOES: Wone ABSENT: None 13. Traffic Committee Report of July 9, 1964. 64 -7 -1T With the completion of the Court House Annex, the parking problem in the area has been called to our attention. We feel that timing is right for installation of parking meters in the two block area of Palm Street between .;ante Rosa and Morro Streets. However, it is recommended that two free 12 minute green spaces be installed in front of the City Hall west of the white loading zone and two 12 minute spaces be installed in the last two spaces east of Morro Street in front of the City Library, this being the north side of Palm. It is also recommended that two free 12 minute green zones be installed on each side of the driveway in front of the Court House on the south side of Palm and that the remaining spaces on the south side of Palm in this block be 36 minutes parking meter spaces. It is recommended that the remainder of the two block area on both sides of the street be designated for 2 hour parking meters. 64 -7 -ST It is recommended that a red zone be placed in front of the Standard Station at Buena Vista and Monterey to facilitate merging traffic movements for south bound motorists on Buena Vista. The red zone would extend from the corner of Garfield on the west side of Buena Vista, around the corner to the telephone pole on the west side of the Standard Oil Station. 64 -7 -9T Several weeks ago the Council passed an ordinance authorizing 24 minute metered zones, and it is now recommended that the six spaces on the north side of Higuera running in a westerly direction from the Chorro Street intersection be designated as 24 minute metered spaces. . 64 -7 -1OT For some time there has been a parking and through traffic problem in the alley behind the Lucky Auto Store which runs at right angles from Santa Rosa Street and extends in an easterly direction. In case of a fire, our emergency vehicles would not be able to get through if cars were blocking the alley. It is therefore recommended that all parking be restrict- ed in this alley. On motion of Councilman Troller, seconded by Councilman Graves, the following resolution was introduced. Resolution No. 1315, a resolution establishing parking regulations on Palm Street, Buena Vista, Monterey and Higuera Streets and on the alley adjacent to Lucky Auto Stores. Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. YAller, Clell T-:. T,ihelchel NOES: None ABSEZNT: trbne 64 -7 -2T In regard to the request for a school crossing guard at the corner of Grand and Monterey, the City Engineer has received a new set of suggested warrants for school crossing guards from the Auto Club, and the Traffic Committee has asked him to prepare a study of all existing and proposed crossing locations with these warrants in mind. This matter was referred back to the Traffic Committee in accordance with the petition from the Pacheco P. T. A. City Council Minutes July 13, 1964 Page -9- 64 -7 -3T The City has received a letter from the State Employment Office (copy attached), requesting permission for installation of a Farm Labor directional sign on the sewer farm property outside of the Freeway right of way. The sign would be installed and maintained by the Division of Highways. We recommend approval, subject to exact vocation of the sign by the City Engineer. 64 -7 -4C The Traffic Committee has received a letter from Cal Poly (copy attached) recommending that Crandall Z?ay not be closed. In view of the College's position, the Traffic Committee recommends that this proposal be dropped. 64 -7 -6T The City Engineer has made some preliminary studies on a l to extend Rachel Street across private property connecting directly with Ella Street. Since the project would cost some $20,000.00, it is suggested that this be referred to the Planning Commission for study. It may be that the benefits would not justify the-expense, 64 -7 -7T If the Council has no objection, an obstruction to visibility at the south east corner of Broad and Lincoln Streets will be cut down to the 3 foot level. 64 -7 -8T If the Council has no objection, we would like to write to the Division of Highways asking that they install directional signs to the City Dump on Broad Street at two locations: Santa Barbara - South Street and Orcutt Road. On notion of Councilman Miller, seconded by Councilman Graves, the above recommendations were adopted. Motion carried. Councilman Whelchel suggested that the Traffic Committee study speed limits on Foothill Boulevard and other major streets with a view to increasing the speed limits to a more reasonable speed. On motion of Councilman Graves, seconded by Councilman Miller, the City Engineer was instructed to make the necessary speed zone studies on major streets for the Traffic Committee's consideration. Motion carried. Councilman Whelchel also brought to the Traffic Committee's attention the matter of a hedge obstructing traffic at the corner of Upham and Chorro Streets. B. The following letter was received from lard, Ryder, Cueto Company. "As per my conversation with Mr. Romero, I am requesting that you allow us to use a property line trap with vent to grade (hand hold trap) on our apartment house at 505 Foothill Boulevard. If the sewer overflows, it will overflow through the trap. 6)e will record a covenant holding the city harmless in any event." City Engineer Romero presented the following letter dated June 16, 1964 from himself to the Ward, Ryder, Cueto Company: "I have noted today that construction under way at 505 Foothill Boulevard will create a first floor level lower than the street surface. Since the sewer line on Foothill Boulevard is quite shallow and is now over - loaded, there could be numerous occasions when the sewer could backup into first floor fixtures. You will recall that I mentioned this problem in our discussions when the construction plans were first submitted and made notations to this effect on the check plans. Mr. Skiles also called to your attention a sewer problem under Item 10 of his letter dated November 22, 1963. The solution I suggested at that time and will insist on at this time in order to restrict City liability is: (2) construct all sewage fixtures above the elevation of the street surface at the nearest downstream manhole, or (5) Install a back water valve in the line serving only those fixtures subject City Council Minutes July 13, 1964 Page -10- to backup from the sewer main (in accordance with Section C201 of the iNhmicipal Code, copy enclosed). Requirement (b) involves separation of the sewer lines between the first and second floor and a separate service to the main for each floor. I have requested that the Building Department withhold occupancy on this apartment until such time aforementioned requirements of the 1ximicipal Code are met." City Engineer Romero explained the conditions existing on this property where this apartment is being built and recommended that the requirements of the Municipal Code regarding installation of back water valve be followed. Councilman Miller stated that this type of problem should not be brought to the Council's attention, but should be handled on the staff level before the problems happen and the Building Department should notify the builders prior to construction of the possible problems involved so these matters can be taken care of prior to construction of the building. Councilman Miller moved that the variance be denied and that the property owner comply with the Municipal Code. Motion died for the lack of a second. Mayor Davidson asked if a septic tank could be constructed on the property so that any possible overflow of sewage from the property line trap could be collected and later pumped into the regular sewer system. On motion of Councilman Miller. seconded by Councilman Whelchel, that the City Engineer and Kirk iiard work out a solution to this problem including the suggestion of the installation of a septic tank. On motion of Councilman Graves, seconded by Councilman Miller, the following resolution was introduced. Resolution blo. 1322, a resolution authorizing acquisition of surplus civil defense property over and under $2500. Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald ?. Miller, Clell W. !Ihelchel NOES: None ABSENT: None 15. Communication from Johnson Highlands, Inc. requesting final acceptance by the City of off -site improvements in Tract No. 212, were held over to the next meeting in accordance with City policy. 16. At this time the City Engineer, D. F. Romero, presented for Council considera- tion, the select road street system to be presented to the California Highway Commission for approval and consideration of select money for street construct- ion. Mr. Romero presented a map showing what streets here being considered in the system and the reasons therefor. The City Council discussed the proposal and requested that Mr. Romero include in his select system the extension of Highland Drive from Cueste to Chorro St. Mr. Romero stated that his original plan for the select system had shown Highland Drive extension, but that the Division of Highways had taken it out of the plan as it lies outside the corporate limits of the City. City Council Minutes July 13, 1964 Page -11- On motion of Councilman Miller, seconded by Councilman Graves, that the City include Highland Drive on the select system map if possible. Motion carried. On motion of Councilman Miller, seconded by Councilman Graves, the following resolution was introduced. Resolution No. 1316, a resolution adopting the City of San Luis Obispo "Major City Street System." Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Ii. Miller, Clell W. !Atelchel NOES: None ABSENT: None 17. Mr. Rizzoli, representing the San Luis Garbage Company, requested that the City Council grant a variance to the Municipal Code and allow their company a fifty (50) foot driveway on Victoria Street in lieu of a thirty two (32) foot driveway allowed. This variance is requested on the basis of hardship as they are required to move long, large trucks in and off their property. City Engineer Romero stated he had no objection to the granting of this variance as it would be very helpful to have a larger driveway for this company. On motion of Councilman Miller, seconded by Councilman :•7helchel, the request was approved for a fifty (50) foot driveway ramp. Notion carried. 18. Communication from the City Attorney, U. Vii. Houser, forwarding an ordinance for the City Council which would allow action by the City when an owner refused to own or maintain back water valves in their sewer system. On motion of Mayor Davidson, seconded by Councilman Graves, the followin; ordinance was introduced. Ordinance No. 287, an ordinance providing for termination of water service upon refusal to install sewer back up valve. Introduced and passed to print on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Millers Clell W. Whelchel NOES: None ABSENT: None 19. At this time the City Council considered Ordinance No. 286, an ordinance authorizing execution of lease of a portion of the Whale Rock Reservoir. The City Council discussed this ordinance, but in the absence of the Water Superintendent and City attorney for details, the matter was held over to the meeting of July 20, 1964. 20. D. F. Romero. City Engineer stated that tie had been approached to sell sludge from the sewage treatment plant and that he believed that more people might be interested and that if the City Council wishes, they should call for bids, so that everyone should have an opportunity to bid on this sludge. On motion of Councilman Graves, seconded by Councilman Miller, the City was authorized to call for bids for selling sludge from the sewage treatment plant, and bids to be opened on august 3, 1964. HDtion carried. 21. At this time the City Council considered the matter of renaming portion of Etascadero to Galleon iiay, and Norwood to Drake Circle. City Engineer Romero explained that due to the development of the Laguna Lake area in units, that two (2) street intersections involved, Atascadero and City Council Minutes July 13, 1964 Page -12- Oceanaire, would be confusing to people looking for street names, He therefore recommended that ttascadero be renamed to Galleon ?z-.y and Norwood to Drake Circle to correspond with final subdivision maps already approved by the Council. He presented a map explaining the problem. On motion of Councilman 'Miller, seconded by Councilwoman McNeil, the following resolution was introduced. Resolution P?o. 1321, a resolution changing the name of Atascadero Street to Galleon Flay and Norwood Street to Drake Circle. Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Miller, Clell Fl. ?Ielchel NOES: None ABSENT: None 22. Communication from the San Luis Obispo County Pure Ilater Association stating that they wished to review development of water quality control at Santa Margarita Lake to date. On motion of Councilman Graves, seconded by Councilman miller, that 3:00 P. M. August 3, 1964, the pity Council will meet with the Pure Water Association and discuss this matter. Notion carried. 23. Communication from the Feather River Pro-',act Associatioa asking support of the City Council to have the lake behind the Oroville Dam named 'Lake Edmonston" in honor of former State Engineer A. D. Edmonston. On motion of Councilman Miller, seconded by Councilwoman Ncileil, the following resolution was introduced. Resolution No. 1319, a resolution requesting that the reservoir behind Oroville Dam be named "La;ce Edmonston". Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald : ?. Miller, Clell U. Whelchel NOES: None ABSENT: None 24A. For Council information, suit being filed by Richard D. Flood, Attorney representing the A. Z. Sinsheimer Family Memorial Fund, for payment of salary warrants of L. F. Sinsheimer rhea he was t.k yor of the City of San Luis Obispo. Said suit is being filed against the Mayor and City Council. 24B, Communication from the City Attorney regarding litigation on behalf of the ,City of San Luis Obispo in the suit filed by the Trustees of the Sinsheimer Trust. On motion of Councilman Graves, seconded by Councilman Miller, the request of the City Attorney was approved. Motion carried. 25. Communication from Jack Della Bitta, City employee in the Public 7!Or,6s Department, requesting military leave for six (6) months from June 26, 1964. On motion of Councilman Miller, seconded by Councilwoman McNeil, the request for a leave of absence was approved. Motion carried. 26. At this time the City Council discussed the extension of Highland Drive east Of Cuesta to Chorro Street. City Council Hinutes July 13, 1964 Page -13- On motion of Councilman Graves, seconded by Councilman Whelchel, it was moved that the Mayor and one Councilman be appointed as a committee to meet with President McPhee of California State Polytechnic College to diacuss the possible acquisition of land from the College for the extension of Highland Drive east of Chorro St. Motion carried with the suggestion that this meeting not be held until after September. 27. Communication from Valle Vista Trailer Parr, located on Elks Lane, requesting annexation to the City of San Luis Obispo or connection to the City sewer system. tXter discussion by the City Council, it was moved by Councilman Graves, seconded by Councilman Miller, that the petitioner be notified that the City does not wish to annex small parcels in this area, but would accept a petition from a larger area in order to square off the City limits and to off set assess- ed valuation requirements.in the annexation. 29. Request of Herbert Landeck representing the Zion Lutheran Church, to negotiate with the church for street widening. On motion of Councilman Miller, seconded by Councilman Graves, the Mayor was authorized to appoint a Council committee to negotiate with the Lutheran Church. Motion carried. 30. On motion of Councilman Graves, seconded by Councilman '�helchel, the following resolution was introduced. Resolution No. 1314, a resolution establishing a capital outlay fund. Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald % Miller, Clell TJ. Uhelchel NOES: None ABSENT: None 31. F. Communication from the City Planning Commission recommending denial of the application for rezoning from R -1 to R -3 of property located at Ferrini and Felton Road, requested by Goodman and Weber. B. Communication from Peter Weber appealing to the City Council for a hearing on the decision of the Planning Commission in denying his requested rezoning. C. Public hearing on the appeal has been set for 8:00 P. M. Monday, July 20, 1964. Matter referred to July 20, 1964. 32. A. Communication from the City Planning Commission denying an application from Ray C. Smith, 2051 Fixlini Street, for a variance to allow a porch overhang encroachment. B. Communication from Ray C. Smith, 2051 Fixlini Street, appealing the decision of the Planning Commission in denying him a variance for encroachment of porch overhang. C. Public hearing on the appeal of Ray C. Smith has been set for 8:30 P. M. Monday, July 20, 1964. Matter referred to July 20, 1964. 33. Report of City %miner Romero regarding street sweeping policy. On motion of Councilman Graves, seconded by Councilwoman McNeil, that the residential area be swept only every two (2) weeks on a one (1) year trial basis. Notion carried, Councilman Miller voting no. City Council Minutes July 139 1964 Page -14_ 34. Administrative Officer Miller announced the appointment of the following personnel: KREBS, Douglas L., as Fireman effective July 12 1964 at $455 per month. PAGE, Kenneth R., as Groundskeeper, effective July 12 1964 at $365 per month. CARDOZA, Anthony U., as Laborer - Equipment Operator, with the Street Department, effective July 1, 1964 at $385 per month. The above employees are subject to a probationary period of one year. 35. Notice from the State Public Utilities Commission that the Greyhound Company has requested a statewide increase in certain intrastate express charges, was ordered received and filed. 36. Report of examination by the State Controller's office in connection with claims for reimbursement of personnel and administrative expenses for period July 1, 1962 to June 30, 1963 under the provisions of the Federal Civil Defense Act, was ordered received and filed. 37. :Financial report from the San Luis Obispo Chamber of Commerce for the month of May, 1964, was ordered received and Bled. 33. Announcement by the Division of Highways that a public hearing will be held on Thursday, July 16, 1964 to discuss the proposed alternate freeway route of State Highway No. I between U. S. 101 and 3/10 mile west of Pennington Creek, was ordered received and filed. 39. Administrative Officer Hiller reports on communication from the League of California Cities regarding compulsory subscription to garbage service, turned over to the City Cttorney for review in case Council wished to pursue this matter, was ordered received and filed. 40. Decision before the Public Utilities Commission ordering the improvement and replacement of the Mill Street overhead railroad crossing, was ordered received and filed. 41. Communication from ZATY Radio expressing their appreciation for the consideration of the City Council regarding the Emergency Broadcast System, was ordered received and filed. 42. A copy of the 1964 -65 proposed budget for the County of San Luis Obispo is on file for Council information, was ordered received and filed. 43. Announcement by the League of California Cities of the 66th annual conference to be held in Los Angeles on October 11 -14, 1964, was ordered received and filed. 44. Communication from the State Senator Vernon L. Sturgeon thanking the City Council for the use of the Council Chambers and their cooperation to the Senate Fact Finding Committee on Labor & :!?lfare, was ordered received and filed. 45. Communication from 1 -L s. Ola M. Truelove ob ecting to the City Council giving money to the Chamber of Commerce, was ordered received and filed. 46. Report on Youth Corps activities for the weei;z of June 16/19 and 22126, 1964 were ordered received and filed. 47. On motion of Mayor Davidson, seconded by Councilman Miller, the meeting adjourned. Motion carried. Approved: August 13, 1964 i �. H. FI'1nATRICK, CITY CLERK