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HomeMy WebLinkAbout02/01/1965REGULAR MEETING OF CITY COUNCIL February 1, 1965 - 7:30 P. M. CITY HALL Invocation was given by Mayor Clay P. Davidson. ' Roll Call Present: P. Chapman, Director of Planning & Building; J. H. Fitzpatrick, City Clerk, W. Flory, Superintendent of Parks & Recreation; W. M. Houser, City Attorney; R. D. Miller, Administrative Officer; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief; W. Schofield, Police Chief. On motion of Councilman Graves, seconded by Councilman ililler, the minutes of January 18, 1965 were approved. On motion of Councilman Miller, seconded by Councilwoman McNeil, the claims against the City for the month of February, 1965 were approved subject to the approval of the Administrative Officer. A. At this time George P. Lloyd, Survey Director representing the State Personnel Board, appeared before the City Council presenting the preliminary report of position classifications and salary survey for the City of San Luis Obispo in accordance with the approved contract. Mr. Lloyd stated that included in the report was a recommendation for the adoption of a new salary schedule for City employees. He stated that ' generally the present salary rates appear to be in line with or only slightly below those rates paid by neighboring employers. Mr. Lloyd stated that basically in the salary recommendations there would be a decrease in two (2) positions, no change in fifteen (15), and changes of from 2.7% to 8.2% in one hundred thirty (130) positions. He continued that if the recommended method of compensation is followed. The added salary cost will amount to about 5% or $47,750.00 per year. He stated that these figures were based on staff and salary step assignments as of November 15, 1964 and do not include salary cost for fringe benefits. Mr. Lloyd then presented copies of his report to the City Council and briefly explained the classification plan, the salary plan, and the basis for salary recommendations, and presented a book of classification specifications. Mr. Lloyd suggested that the City Council take this report under submission and approve its distribution to employees for their review. If the employees feel that they have been improperly classified or otherwise slighted by the survey, they will have an opportunity to appeal directly to the Cooperative Personnel Services. The State Personnel Services will resolve the appeals and submit a final report in the form of a detached written analysis of the appeals received. ' They will also submit revised pages for inclusion in this preliminary report if any of their final recommendations require such revision. On motion of Mayor Davidson, seconded by Councilman Graves, the report was taken under advisement and the City employees were to be given an opportunity to review the report as suggested by Mr. Lloyd. Motion carried. 1. On motion of Councilman Miller, seconded by Councilman Whelchel, the following salary step increases were approved, effective March 1, 1965: DOVE, Mark L., Police Officer, from Step 2 at $480 to Step 3 at $508 per month. City Council Minutes February 1, 1965 Page -2- McRERNON. Ronald L., Police Officer, from Step 1 at $455 to Step 2 at $480 per month. NUNES, Bobby A., Laborer - Equipment Operator, from Step 3 at $430 to Step 4 at $455 per month. 2. On motion of Councilman Graves, seconded by Councilwoman.McNeil, the following pay estimates were approved: HOWIE & SHELTON Foothill Boulevard Widening Est. #1 $22014.92 (25% complete) TED WATKINS CONSTRUCTION COMPANY Parking Lot No. 10 Est. #2 $2,778.66 (70% complete) 3. On motion of Mayor Davidson, seconded by Councilman Whelchel, Resolution No. 1373 (1965 Series), a resolution reducing the various equipment replacement budget items to reflect unspent portions thereof and making inter -fund transfers from various funds to the Equipment Replacement Fund, was held over for a written report. Motion carried. Councilman Miller voted no. 4. On motion of Councilman Graves, seconded by Councilman Miller, the following resolution was introduced. Resolution No. 1374, a resolution increasing the 1964 -65 Budget. (210.4, Fire Dept. - Motor Vehicle, be increased by $2,250.00) ' Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, it. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 5. On motion of Mayor Davidson, seconded by Councilman Graves, the following resolution was introduced. Resolution No. 1375, a resolution endorsing unification of the Elementary School Districts within the San Luis Obispo High School District. Passed and adopted on the followinS roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Nbelchel NOES: None ABSENT: None 6. On motion of Councilman Graves, seconded by Councilwoman McNeil, the ' following resolution was introduced. Resolution No. 1376, a resolution endorsing the formation of a Civic and Fine Arts District. Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 1 1 1 City Council Minutes February 1, 1965 Page -3- 7. Resolution No. 1377, a resolution increasing the 1964 -65 Budget. (Accounts 209.9, 251.7, 251.8, 793, and 798), was held over and a report is to be sent to the City Council on this matter. 8. At this time J. H. Fitzpatrick, City Clerk, reported on bids received for tree planting holes on Monterey, Osos and Marsh Streets. The bids received are as follows: Unit Price Amount Burke Construction Company $109.50 $10,950.00 J. A. Roberts Construction $124.00 $12,400.00 Ted Watkins Construction Co. $137.73 $13,773.00 Howie & Shelton $161.50 $16,150.00 City Engineer Romero explained the bid for these tree planting holes. City Administrative Officer Miller said he felt there should be no changes on this project without the prior approval of the City Council. Planning Director Chapman suggested that planting on Osos and Monterey Streets should be eliminated due to probable redevelopment, but would like to substitute trees on Morro Street from Palm to Marsh in order to complete the project. On motion of Councilman Graves, seconded by Councilman Miller, that the low bid be accepted and the Planning Director is to submit a revised planting plan to the City Council. Revised plan to be submitted at the February 15th meeting for Council consideration. Motion carried. 9. At this time the City Council held a public hearing on consideration of placing curbs, gutters and sidewalk on Sandercock Street from Beebee to Broad Street. Mayor Davidson declared the public hearing open. The following letters were received from property owners regarding the above matter: Letter from Mrs. Doris L. Bowles: "In regard to this memorandum, I just finished paying for the job of curb, gutter and sidewalk in April of 1964. So would not want to be charged for it again. This property is located at 907 -909 Sandercock Street in San Luis Obispo." The following letter was received from Elizabeth Jobe: "I have received your notice of public hearing on the matter of placing curb, gutter and sidewalk on Sandercock Street. My property in question is located at 142 Harris Street. I am writing this letter as I will be unable to attend the public hearing. If the majority of the property owners on our block agree to the installa- tion of curb, gutter and sidewalk, my brother and I will agree to do the same." Mr. McOuillan, 421 Sandercock Street, stated that he believed this was a good idea and that sidewalks have been needed for a long time and urged the Council to proceed. City Council Minutes February 1, 1965 Page -4- Hazel Hansen, 519 Sandercock Street, asked who pays for removal of pepper trees. ' City Engineer Romero stated that the property owners would pay if the trees would have to be removed for the construction. The City would pay if the trees are in the streets. John Poini, 309 Sandercock Street, asked if it were necessary to put in curb, gutter and sidewalk at this time. Erwin Rodgers asked what the estimated cost would be for putting in curb, gutter and sidewalk. City Engineer Romero explained the procedure in calling for bids, etc., on curb, gutter and sidewalk installations and gave estimates of possible cost of curbs, gutters and sidewalk installation. Mrs. Fiscalini, 342 Sandercock Street, asked if the sidewalks have to be put in. Mayor Davidson explained the Council policy regarding sidewalk installation. Mr. Robert Bakman, 203 Cypress Street, asked if the City Council will get additional information from property owners before putting in the improve- ments. ' Mayor Davidson explained the reason for the public hearing and that each property owner on Sandercock Street was informed by letter of the meeting so that their wishes might be made known to the City Council prior to calling for bids for construction. City Engineer Romero explained what work was to be done as far as the water line, new water service and street paving were concerned, and recommended that if curb and gutter are installed first a better street job will be done and water service can be placed at the proper grade on the property. Mayor Davidson declared the public hearing closed. On motion of Councilman Graves, seconded by Councilman Miller, the City Engineer was instructed to prepare a report for the Council at the next meeting on the feasibility of ordering curb, gutter and sidewalk on Sandercock Street to include cost and extent of work. Councilman Whelchel stated he felt that a proper reaction from the residents and property owners of Sandercock Street regarding curb, gutter and sidewalk had not been presented to the Council and he felt a more representative poll from the property owners should be received before ordering this work done. He believed that an informal poll of persons present regarding the curb, gutter and sidewalk installations was inconclusive. Motion carried on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Hiss Margaret McNeil, Donald ". Miller, Clell [:i. Whelchel NOES: None ABSENT: None 10. City Attorney Houser presented the following report regarding the Bed Tax Ordinance: "In view of the many charges and counter - charges recently made on whether City Council Minutes February 1, 1965 Page -5- the referendum petition affects the City's Bed Tax Ordinance, I feel that the Council may wish to have the benefit of the law on this subject. As you are aware, neither the referendum nor initiate procedures apply to all acts of the City Council and the State Constitution, which reserves the referendum power to the citizens, expressly excepts any act that provides for tax levies or appropriations to meet usual and current expenses (Constitution Article IV, Section 34). Thus, the California Supreme Court rules that the referendum was not reserved to the people under a City ordinance that levied a sales tax to meet usual and current City expenses (Hunt v. Riverside, 31 Cal 2D 619). The City Bed Tax Ordinance specifically provides 'for a tax levy for the usual and current expenses of the City.' The references made to the fact that the Superior Court of San Diego County rendered a decision that the referencum applied to the City of San Diego Bed Tax involved a peculiar City Charter provision that does not apply to the City of San Luis Obispo. San Diego's City Charter specifically reserved the referendum power to the people for all ordinances that became effective 30 days after passage. San Diego, in enacting the Bed Tax Ordinance, provided that it would become effective 30 days after final passage. The Superior Court rsiled that the City of San Diego had placed a greater restriction on itself than the State Constitution or the general State law and, therefore, by enacting the Tax Ordinance to become effective after the 30 day period, had subjected it to the referendum procedure. The San Luis Obispo City Charter refers to the State law for the power and procedures for initiative, referendum and recall, and therefore, the San Diego decision would not apply." City Attorney Houser recommended that the referendum petition be ordered received and filed by the City Council. On motion of Councilman Miller, seconded by Councilman Graves, the petition was received and filed. Motion carried. 11. City Attorney Houser reported to the City Council on the Los Angeles highway dedication for street widening program as follows: Mr. Houser stated that for approximately two (2) years the City of Los Angeles has required, as a condition of building or substantial alterations of structures on R -3 or less restrictive zoned property, that the property adjacent to major or secondary streets that are not as wide as the City standards, be widened and fully improved by the property owner as a condition of the building permit. That in the two (2) years of application of the Los Angeles ordinance, apparently only one property owner has taken the matter to court, and the Superior Court upheld the City's ordinance as a proper exercise of the City's police power, and that every exercise of the ' police power causes some hardship on the person affected. He recommended that the Council give serious consideration to enactment of such an ordinance inasmuch as recent widenings under the existing City Policy on service stations and commercial sites have proven to be extremely expensive to the City and seriously affected the City's ability to continue the widening program. City Attorney Houser was instructed to prepare an ordinance regarding the above matter. 1 City Council Minutes February 1, 1965 Page -6- On motion of Councilman Whelchel, seconded by Councilman Miller, that no new widening agreements be negotiated on R -3 or less restrictive property until the new ordinance has been prepared. Motion carried. 12. Traffic Committee Report of January 21, 1965. 65 -2 -1T The Traffic Committee has been able to arrange a meeting with the manager of the Security First National Banc after having several studies made by the Engineering Department on possible ways of alleviating congestion in the vicinity of Osos Street between Marsh and Higuera Streets. There didn't seem to be too much acceptance to the idea of a raised concrete median curb down the middle of Osos between Marsh and Higuera, but the Traffic Committee has looked, in some detail, on a plan to make Osos and Morro Streets one way throughfares between Mill and Santa Barbara Avenue, with Osos running in a northerly direction. We feel that this would have a great deal of merit but before making a final recommendation to the Council and scheduling public hearings, we would recommend that the proposal be referred to Dr. Faustman for analysis and report to the Council. 65 -2 -2C In regard to the proposed stop sign on Pismo at Beach, the Traffic Committee strongly recommends against this because of our City policy of stopping minor traffic flows in favor of major flows, particularly on arterial streets. Pismo Street is also used as a fire route which would make a stop sign undesirable. 65 -2 -3C In regard to the suggestion that parking meter enforcement be performed on a 5 day week basis, we recommend against this because of the fact that parking meter enforcement makes it possible for customers to find a place to park. The City's revenue bonds are also predicted on revenue derived from 6 day a week enforcement. Mayor Davidson stated that he felt that with the court house, city hall, banks and other firms and institutions b31ng closed on Saturdays, that parking is no problem on Saturday. He also felt that this 5 day a week enforcement would be better than the present system. 65 -2 -5C The Traffic Committee has studied Councilman Whelchel's suggestion that merchants be allowed to purchase tokens for use in parking meters. We feel that this idea might have some merit and have asked the City Engineer to contact the parking meter company to see if some feasible method could be worked out whereby tokens could be sold which would not be detrimental to other vending machine interests in the community and which would be difficult to counterfeit. Mayor Davidson stated that he was unalterably opposed to token program due to cost of administering the program. City Engineer Romero presented a report outlining the different approaches used in providing parking tokens for merchants use. He explained City costs and operational problems which would be brought about by the use of tokens. It was generally agreed by the Council the use of tokens by the City would not be desirable at this time. 65 -2 -6T The City has received a request for time limit parking on the east side of Higuera south of South Street to match the existing two hour zone on the west side in front of the Division of Highways. It appears that State employees are interfering with business on the east side of the street. It is therefore our recommendation that the two hour zone be extended from South Street to the south end of the Matthews Plating curbing to be effective between the hours of 9:00 A. M. and 6:00 P. H., Sundays and holidays excepted, and prohibiting parking from 3:00 A. M. to 5:00 P. M. City Council Minutes February 1, 1965 Page -7- On motion of Councilman Graves, seconded by Councilman Miller, the following resolution was introduced. Resolution No. 1381, a resolution establishing two hour parking limit on Higuera Street. Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald n. Miller, Clell W. t:.Yhelchel NOES: None ABSENT: None 13. Communication from the Library Board to the City Council regarding Black - Gold Cooperative Library System application for Federal Grants, was received and filed. 14. At this time the City Council considered a proposal from R. T. Frankian for soils and geological studies of the Highland Drive slide. City Engineer Romero recommended retaining of Mr. Frankian to make the study, and explained that contour maps and back hoe work would involve extra cost to the City. On motion of Councilman .filler, seconded by Councilman Whelchel, that the recommendation of the City Engineer be accepted and Mr. Frankian be ' retained. Motion carried. 15. The City Council considered the budget proposal for Engineering Funds from the Division of Highways. Administrative Officer Miller explained the budget as follows: This included a flat amount of $6,000.00 per year for the 1964 -65 and 1965 -66 fiscal years. The money could be spent for preparation of plans and specifications on curb, gutter and street work, and /or advance planning for streets, traffic signals, and similar projects. On motion of Councilman Graves, seconded by Councilman Miller, the following resolution was introduced. Resolution No. 1380, a resolution adopting and submitting a budget for expenditure of State allocated (Engineering) funds. Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Wheichel NOES: None ABSENT: None ' R. Mr. Houser, City Attorney, presented to the City Council Ordinance No. 301, the Garbage Collection Ordinance, for their information and study. Richard Delgado objected to the Council passing the ordinance for compulsory garbage service and questioned various provisions of the ordinance. Mr. Houser, City Attorney, explained that the proposed ordinance was given to the Council for their study and comments and that before it were considered for adoption, the Council would hold a public hearing so that all the citizens would have an opportunity to study it and make comments to the Council. City Council Minutes February 1, 1965 Page -8- 16. A. On motion of Councilman Miller, seconded by Councilman Graves, the following resolution was introduced. Resolution No. 1378, a resolution authorizing execution of a contract between the State of California and the City of San Luis Obispo pursuant to Chapter 1641, Statutes of 1959. Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None B. On motion of Councilman Miller, seconded by Councilman Graves, the following resolution was introduced. Resolution No. 1378, a resolution approving contract with Hahn, Wise & Associates to act as consultants for this program. Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. [,lheichel NOES: None ABSENT: None 17. On motion of Mayor Davidson, seconded by Councilman Miller, the following resolution was introduced. Resolution No. 1382, a resolution urging the County to expedite improvement of the Orcutt Road -Broad Street intersection. Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 18. On motion of Councilman Graves, seconded by Councilman Whelchel, approval was given to the specifications for purchase of one (1) manual V -notch chlorinator machine and authorization was given to call for bids. Motion carried. 19. Communication from 0. J. Gullickson, Deputy Director of Civil Defense, recommending that Clell W. Tdhelchel be appointed to the office of Chief of Services for Transportation in the Civil Defense organization. On motion of Councilman Graves, seconded by Councilman Miller, the recommendation was approved and Mr. Whelchel was appointed to this position. Motion carried. ' 20. Communication from Engineered Equipment Associates asking the City Council if they wished to sell the two (2) comminutors declared surplus in 1963 and not sold. Price offered was $50.00 each. On motion of Councilman Graves, seconded by Councilman Whelchel, the request was approved. Motion carried. 21. Communication from the Ouintanna School P. T. A. bringing to the Council's attention traffic hazards which exist where Patricia Drive intersects Foothill Boulevard, was referred to the Traffic Committee on motion of Mayor Davidson, seconded by Councilman Graves. Motion carried. City Council Minutes February 1, 1965 Page -9- 22. Communication from Walt Williamson, 120 Crandall Way, requesting an extension of the construction dead -line for placing curb, gutter and sidewalk at 120 Crandall Way, to June 30, 1965. ' Request granted on motion of Councilman Graves, seconded by Councilman Miller. Motion carried. 23. Communication from the Society for the Preservation and Encouragement for Barber Shop Ouartet Singing in America, notifying the City Council of their annual show to be held on February 20, 1965, and requesting that a proclamation be issued on this event. On motion of Councilman Miller, seconded by Councilwoman McNeil, the request was approved. Motion carried. 24. Communication from the Feather River Project Association forwarding invoice for membership for 1965 for the City of San Luis Obispo. On motion of Councilman Miller, seconded by Councilman Whelchel, that the dues be paid. Motion carried. 25. Communication from the City Planning Commission recommending rezoning of Lots 7, 8, 14 and 15 at the corner of Nipomo and Pacific Street from R -4 to C -2. Public hearing to be held February 15, 1965. 26. Communication from Frank Perry, Water Department employee, requesting sick leave in excess of fifteen (15) days. ' On motion of Councilman Miller, seconded by Councilman Whelchel, the request was approved. Motion carried. 27. On motion of Councilman Graves, seconded by Councilman Miller, the following documents were approved: A. Grant Deed from A. L. Ferrini for extension of Clover Street. B. Grant Deed from G. F. Hudgens and H. E. Hudgens for installation of curbs, gutters and sidewalk on Johnson Avenue. C. Covenant from the Church of the Nazarene for water hook up on Southwood Drive. D. Grant Deed from Sander Granvold and G. Granvold for installation of curb, gutter and sidewalk on Johnson Avenue. Mayor Davidson was authorized to sign the agreements on behalf of the City and the deeds and covenant to be recorded. Motion carried. Y. At this time City Clerk Fitzpatrick reported on bids received for the petroleum for 1965. The low bid was as follows: Seaside Oil Company - Regular gasoline, .2025 - Premium gasoline, .2275 Diesel fuel, .117. Standard Oil Company Kerosene, .2025 Richfield Oil Corp. Motor oil (MIL- L- 2- 104A), .60 - Motor oil (MIL -L- 2104A S2 SAE 30), .62 - Motor Oil (MIL -L -45 119 Series 3), .70. On motion of Councilman Graves, seconded by Councilman Miller, the low bid in each category was accepted. Motion carried. City Council Minutes February 1, 1965 Page -10- Z. On motion of Mayor Davidson, seconded by Councilman Miller, Revocable Encroachment Permit from the Pacific Telephone and Telegraph Company for installing and maintaining a public telephone at Parking Lot #6, was approved and the Mayor was authorized to sign same on behalf of the City. 1 Motion carried. 28. Communication from State Senator Vernon L. Sturgeon relative to City Council Resolution No.1368, was received and filed. 29. Notification of hearing before the San Luis Obispo Countv Local Agency Formation Commission of the proposed annexation of territory to City of San Luis Obispo, Suburban Tract (Young's Market), was received and filed. 30. Communication from Lamoro Company notifying the City Council of their intention to initiate annexation proceedings of Lot 57 of Rancho Los Osos and La Laguna, containing approximately 112.75 acres, was received and filed. 31. Communications from J. B. Taylor, 3101 Rockview Place, were received and filed. 32. D. Jackson Faustman presented to the City Council a brief verbal report on the progress of the work he is doing under contract to the Council to prepare a traffic survey and parking study for the City. Mr. Faustman explained some of the criteria he has considered in his study of both traffic and parking requirements for the City. He recommended that the first step should be acquisition of property at Broad and Monterey Streets for an additional off - street parking facility. ' He then recommended that the City Council should double deck the parking lot at Higuera and Osos Streets. He stated he did not feel that the City proposal to improve the lot between Palm, Monterey, Moro and Chorro was a good one as all that would be done is to substitute public parking for private parking. He then stated that he is continuing his traffic survey and that the results are startling so far as Highway No. 1 freeway routes are concerned, particularly with reference to the Broad Street and California Boulevard routes which he stated would cause tremendous problems for the downtown area, and that present studies show that the proper route for Highway No. 1 is in the Los Osos Valley area or other locations west of Broad Street. On motion of Councilman Miller, seconded by Mayor Davidson, the meeting adjourned. Approved: February 15, 1965 -3: H. FITZPATRICK, CITY CLERK I