HomeMy WebLinkAbout10/18/1965City Council Minutes
October 4, 1965
Page 9
Mr. Thompson, Water Superintendent, recommended that the bid of Farmers Hardware
and Equipment Company for a Case Tractor be accepted as it is the one which came
closest to meeting all the specifications.
On motion of Councilman Gallagher, seconded by Councilman Miller, the bid of
Farmers Hardware and Equipment Company for one Case Tractor was accepted.
Motion carried.
1 28. On motion of Councilman Blake, seconded by Councilman Spring, the Mayor was
authorized to accept and record on behalf of the City a Grant Deed from James P.
Jones and Frances J. Jones for.street widening at Foothill and Carpenter Streets.
Motion carried.
1
On motion of Councilman Miller, seconded by Councilman Gallagher, the meeting
was adjourned.
APPROVED: November 1, 1965
Roll Call
City Staff
Present
H. FITZYATRICK
CITY CLERK
MINUTES
REGULAR MEETING OF CITY COUNCIL
October 18, 1965 - 7:00 P.M.
CITY HALL
Emmons Blake, Frank Gallagher, Arthur F. Spring,
Donald Q. Miller, Ciell W. Whelchel
Present: P. Chapman, Director of Planning & Building; J. H. Fitzpatrick,
City Clerk; William E. Flory, Director of Parks and Recreation;
Richard D. Miller, Administrative Officer; David F. Romero,
City Engineer; Lee M. Schlobohm, Fire Chief; E. Rodgers, Police
Captain; and E. P. Thompson, Water Superintendent.
On motion of Councilman Miller, seconded by Councilman Gallagher, claims against
the City for the month-of October 1965 were approved and ordered paid subject
to the approval of the Administrative Officer.
1. Richard Reppert, President of the San Luis Obispo City Employees Association,
appeared before the City Council and presented to the City Council proposed
resolutions adopting basic City personnel policy regarding employee representation
and also a copy of the Constitution and By -Laws of the San Luis Obispo City Employees'
Association.
' On motion of Councilman Blake, seconded by Councilman Spring, the resolutions were
referred to the City Attorney for review and report to the City Council at the
November 1, 1965 meeting.
2. Request from the Circle K.Club of Cal Poly for permission to sell Halloween
Candy on October 20, 1965 was approved on motion of Councilman Gallagher, seconded
by Councilman Miller.
3. Communication from 0. J. Gullickson, Deputy Director of Civil Defense,
forwarding a list of suggested appointees to the Civil Defense and Disaster
Advisory Committee was referred to the City Clerk to see if these persons were
willing-to serve if appointed.
City Council Minutes
October 18, 1965
Page 2
5. Discussion by the City Council of the formation of a park and recreation
district for the Civic and Fine Arts Association. Councilman Gallagher stated
that he wished to go on record as.objecting to the political advertising supporting
the formation of the district which listed the City Council as supporting this
action. He stated that he wished it understood that a prior Council in office
in-February 1965 were the ones who endorsed the plan and not the existing Council.
6. Communication from the City Attorney stating that upon investigation the
objection of J. E. Hazard to placing curb, gutter and sidewalk on the Dana Street
side of his property was actually incorrect as he owns the property and should be
charged for the installation of the sidewalk.
On motion of Councilman Miller, seconded by Councilman Gallagher, this matter was
held over to the next meeting at which time Mr. Hazard should be notified of the
Attorney's opinion and be allowed to appear before the Council. Motion carried.
X. At this time a representative of Gaspo Company Contractors for water line
project on Chandler Street appeared before the City Council asking that the
City Council order the payment of the contract which had now been completed and
all conditions had been met but which were not prepared for payment at this
evening's meeting.
Mr. Thompson, Water Superintendent, stated that the contractor had complied with
the conditions of the contract and that the work was satisfactory.
On motion of Councilman Gallagher, seconded by Councilman Miller, the City Clerk
was ordered to make the payment to Gaspo Company. Motion carried.
Y. The following letter.was received from the Maino Construction Company
regarding annexation of property located at Los Osos Road and Freeway 101.
"This letter is to advise you that the property owners represented by me and
Mr. Amsel and Dr. Pereira are ready to annex their property to the City as
uninhabited land at any time. Following a conversation of this date with Mr.
William Houser in which he stated that he would recommend to you that the
inhabited election procedure be followed, we have decided against the uninhabited
procedure. In the interest of time we ask that a contract between the above
parties and the City of San Luis Obispo be entered into whereby in return for
sewer and water connections, the owners of the property would agree to annexation
at any time the City desires.
.At the time the City desires annexation on the election basis, I, Theo C.
Maino, will file the consent papers, process the County Commission hearings and
circulate the petition required•by.Mr. Houser's letter."
On motion of Councilman Gallagher, seconded by Councilman Spring, the City
Attorney was requested to prepare a contract with Mr. Maino relative to the
annexation under the conditions as requested. Motion carried.
4. The following bids were received for purchase of Improvement Bonds (Series BB)
for the Lower Higuera Street Assessment District.
Contractor Net Interest Cost Average Interest Rate
WALSON & COMPANY $28,587.84 4.1104%
ROBERT E. SCHWESER 28,987.21 4.1678%
J. B. HANAUER 29,277.26 4.2095%
TENNEN, WINSLOW & COMPANY 29,628.93 4.2601%
STONE & YOUNGBERG 29,713.84 4.2723%
FIRST CALIFORNIA COMPANY 30,409.99 4.3724%
S. C. POHLMAN COMPANY 30,656.42 4.4078%
WALD ENTERPRISES 36,403.95 5.2342%
City Council Minutes
October 18, 1965
Page 3
The bond bids received were referred to Mr. Blake of the Firm of Wilson, Jones,
Morton and Lynch for comparison and recommendation of bid to the City Council.
After the report by Mr. Blake recommending the most advantageous bid to the City,
the following resolution was introduced.
On motion of Councilman Blake, seconded by Councilman Gallagher, Resolution No.
1488 was passed and adopted.
..AYES: Emmons Blake, Donald Q. Miller, Frank Gallagher,
Arthur F. Spring, Clell W. Whelchel
NOES: None
ABSENT: None
Z. Mr. James T. Estes, resident of Alrita Street, appeared before the City Council
complaining of the change to extremely high water pressure-on Thursday, October 15,
which cost him and his neighbors considerable expense and inconvenience as many of
the pressure valves, etc., were destroyed due to this surge in water pressure.
.Mr. Thompson, Water Superintendent, stated that he had been informed of this, but
that the matter was still being investigated and requested time to complete his
study.
Mr. Houser, City Attorney, told the Council that Mr. Estes and his neighbors who
had damage done by the high pressure had the right to file claims against the City
and that the City was protected by its insurance carrier. The City Council will
await the report of the Water Superintendent.
Communication from the Model Linen Supply, 34 South Street, brought to the Council's
attention the matter of inadequate sewer lines on South Street serving the laundry.
The laundry operator stated that due to the clogged condition of this line, there
are many days during the.summer that the plant had.to be shut down due to the
inability of the sewer.line-to handle the capacity required by the-laundry. These
shutdowns resulted in the loss of customers to the laundry, as a linen supply
service must keep to a strict schedule when serving customers.
The laundry respectfully suggested that the City Council place an additional larger
main in.South Street to handle this overload while the construction was =still going
on for the storm drain.
Mr. Romero, City Engineer,-reported that the sewage discharge from the Model Linen
Supply in itself often overloads the line, creating the stoppage. He pointed out
that in his opinion the best solution would be the installation of a larger line
which would serve only Model Linen. In line with previous Council action, he
recommended that the cost sharing in this project, which will benefit only one
owner, be on a 50 -50 basis.
On motion of Councilman Miller, seconded by Councilman Gallagher, the City Engineer
was instructed to contact the laundry operator and attempt to work out an-agreement
for a sharing of costs for placing a larger sewer main in South Street.
8. Communication from the City of Lang Beach urging that the City Council support
its request An.urging the legislature to make the use�of.a "Molotov Cocktail" a
felony instead of a misdemeanor.
' The communication was referred to the City Attorney for study and report to the
Council on motion of Councilman Blake, seconded by Councilman Miller. Motion
carried.
9. Communication from the Burke Construction Company requesting extension of time
for completion of the Augusta Street Extension Project. Mr. Burke explained the
various problems that had arisen beyond his control which forced the project to
continue.beyond the contract completion date. Mr. Romero, City Engineer, commented
on the communication from Mr. Burke, and stated that he had looked into the matter
and recommended that an eight (8) day•extension. for completion be granted.
City Council Minutes
October 18, 1965
Page 4
On motion of Councilman Gallagher, seconded by Councilman Spring, Burke Construction
Company was granted an eight (8) day extension on the Augusta Street Extension
Project. Motion carried.
10. Communication from the C. S. Construction Company requesting extension of time
for completion of the Sandercock Street Reconstruction and the High Street Recon-
struction Projects due to various reasons beyond the control of the contractors.
Mr. Romero, City Engineer, recommended that the.C. S. Construction Company be 1
granted until October 25, 1965 to complete the Sandercock-Street- Project.
On motion of Councilman Miller, seconded by Councilman Gallagher, C. S.
Construction Company was granted until October 25, 1965 to complete the
Sandercock Street Project.
On motion of Councilman Gallagher, seconded by Councilman Blake, the request for
extension of contract time for High Street was continued to.the meeting of
November 1, 1965. Motion carried.
11. At this time, the City Council held
Walter Williamson from a decision of the
variance for a 5z foot fence in the front
a public hearing on the appeal of Mr.
Planning Commission in denying him a
yard set back at 120 Crandall Way.
Mayor Whelchel declared the public hearing open.
The City Clerk presented a letter from the Planning Commission giving the reasons
for the denial by the Planning Commission of the variance. Mr. Williamson appeared
before the City Council on behalf of his appeal and presented a sketch of his
property stating his reasons for the fence were to protect his children, give a
small amount of privacy to his home, and to prevent people from walking across
his lawn as this is a heavy travelled sidewalk area for students going to Cal Poly.
Mr. Williamson explained that he had built a fence when he first moved into the
house and was not aware that he was in violation of any City Ordinances and hoped
the Council would not penalize him for his ignorance.
Mayor Whelchel. declared the public hearing closed.
Councilman Blake moved that the City Council grant permission to Mr. Williamson
to keep his fence in the front yard set back but have it back in line with the
front of his garage. Motion died for lack of a second.
On motion of Councilman Spring, seconded by Councilman Gallagher,. that the City
Council grant the variance and allow the fence to stay as it is.' Motion carried.
Councilman Blake voting no.
12. Communication from the Planning Commission forwarding to the City Council a
draft of an ordinance that will simplify house moving procedures, will require
clean up of former site and completion of construction on the new site and enable
approval for house moving to be given by the Board of Adjustments rather than the
Planning Commission.
Mr. Chapman explained that the present house moving ordinance is quite complicated
and time consuming and that if the house moving contractors adhered to the.regula-
tion there would be no reason to require them to appear before the Planning
Commission. It would be more of an administrative process under the suggested
change.
On motion of Councilman Blake, seconded by Councilman Miller, the public hearing
was set for November 15, 1965 on the recommended house moving ordinance. Motion
carried. Councilman Gallagher voting no.
13. The following communication was received from the City Planning Director
regarding signs along the Freeway South of Madonna Road. Mr. Chapman stated that
his department had inspected all signs visible from the Freeway within the City
Limits South of Madonna Road and that all the existing signs are either pre -
ordinance or approved by the Commission or Board of Adjustments. Although most
City Council Minutes
October 18, 1965
Page 5
of the signs exceed -the .40 square feet allowed by the City; he 6tated•that the only
sign existing that is illegal and is not approved, is the Shell sign located at
Elks Lane and Highway 101. He stated this sign was in violation of the agreement
with the Division of Highways and also the permit for its construction was only for
an on -site sign to be used in conjunction with the Service Station formerly located
at that site.
Mr. Houser, City Attorney, stated that the only off -site signs permitted within 500
feet of the Freeway were non - conforming uses that had existed prior to the enactment
of the ordinance or those that were legally erected in the County area before
annexation to the City. That the Council had the right to enact an ordinance-
requiring non - conforming signs to be removed within a period of time and that the
Division of Highways had suggested an ordinance giving the sign owners three (3)
years. This particular property owner had not acquired any vested rights through
the County permit as the procedure followed would only cover on -site signs.
On motion of Councilman Gallagher, seconded by Councilman Miller, that the Shell
sign be allowed to stay as it is for the balance of the lease subject to the lease
being brought into the City Clerk's Office for verification of dates. Motion
carried.
14. Communication from 0: J. Gullickson, Deputy Director of Civil Defense,
forwarding the history on radio station KATY as the civil defense conelrad
station was ordered, received and filed.
15. A. Mr. Thompson, Water Superintendent, presented for the Council's consider-
ation plans and specifications for the Rehabilitation and Repairs of the Stenner
Creek Reservoir.and.appertenant work. Mr. Thompson stated the plans and specifi-
cations were prepared by Mr. Adamson on a prior contract with the City.
Mr. Thompson stated that the Engineer's estimate for construction was $84,500.
1 On motion of Councilman Miller, seconded by Councilman Gallagher, the plans and
specifications for the Stenner Creek Reservoir were approved and authority was
granted to call for bids.
B. Mr. Thompson then requested authority to call forbids for 470 acres of
grazing land at the Wbale Rock Project. Mr. Thompson explained that this would
be for a short period of time until all the leases consumated by the State during
negotiations for acquisition of land have been terminated at which time one major
lease would be bid on for all the grazing land in the Reservoir.
On motion of Councilman Blake, seconded by Councilman Gallagher, authority was
granted to call for bids, to be opened on November 1, 1965.
Mayor Whelchel declared a.recess at 9:00 P.M. Meeting reconvened at 9:10 P.M. -
all Councilmen present.
16. At this time Mr. Houser, City Attorney, presented for the Council's consider-
ation Ordinance No. 328, an ordinance amending the Municipal Code to amend the Fire
Zone Map. Said ordinance to change from Fire Zone III to Fire Zone •II the property
commonly known as the Quintana Shopping Center. The Ordinance was introduced and
passed to print on motion of Councilman Blake, seconded by Councilman Gallagher,
and on the following roll call vote:
AYES:
' NOES:
Emmons Blake, Donald Q. Miller, Frank Gallagher;
Arthur F. Spring, Clell W. Whelchel
None
ABSENT: None
17. The City Clerk presented the following bids received for construction of
the Ferrini Road Widening West Side, City Plan 2 -66.
Contractors Lump Sum Bid
1. Howie and Shelton $3,061.00
P. 0. Box 1118
San Luis Obispo, California
City Council Minutes
October 18, 1965
Page 6
2. J. A. O'Kelley $39454.00
3159 Broad Street
San Luis Obispo, California
3. C. S. Construction Company 3,975.00
P. 0. Box 24
Pismo Beach, California
4. Burke Construction Company 4,320.00
P. 0. Box 957
San Luis Obispo, California
5. Madonna Construction Company 4,380.00
P. 0. Box 910
San Luis Obispo, California
On motion of Councilman Gallagher, seconded by Councilman Spring, the low bid of
Howie and Shelton was accepted. Motion carried.
1
18. On motion of Councilman Gallagher, seconded by Councilman Blake, the following
resolution was introduced. Resolution No. 1484, a resolution increasing the 1965 -66
Budget (Account 230, General Fund, Tree Program increased by $2,500; Account 152,
Phillips Sanitary increased by $1,000; Account 200.21, Weed Abatement increased by
$500).
Passed and adopted on the following roll call vote:
AYES: Emmons Blake, Frank Gallagher, Arthur Spring,
Donald Q. Miller, Clell W.- Whelchel
NOES: None
ABSENT: None
19. On motion of Councilman Gallagher, seconded by Councilman Miller, the Mayor
was authorized to accept and record Grant Deeds to the City from Hilma Sathre and
B. E. and Rose F. Bellefuille,.correcting deeds previously granted to the City.
Motion carried.
On motion of Councilman Blake, seconded by Councilman Gallagher, the Mayor was
authorized to accept and record on behalf of the City an easement from the County
of San Luis Obispo for sewer line through the Veterans Memorial property.
21. On motion of Councilman Gallagher, seconded by Councilman Miller, J. Earle
Boyce, City Treasurer, was granted permission to leave the State for vacation
,purposes for two weeks beginning,October 25, 1965. Motion carried.
On motion of Councilman Blake, seconded by Councilman Miller, the communication
from Peter R. Andre complimenting the City Police Department was ordered referred
to the City Police Chief with the Council's wishes for a speedy recovery. Motion
carried.
23. Mayor Whelchel reported to the City Council that he had received a letter
from President McPhee of Cal Poly stating that he was asking his staff at the
College to bring him up to date on the negotiations with the City on the Highland
Drive matter and that he would contact the City Council as soon as he had received
the information.
24. Mr. D. F. Romero, City Engineer, presented plans and specifications for
water and sewer installations on Edna Road to serve the Giant Food Store and the
industrial area. Mr. Romero explained the sizing of pipes, location of mains,
etc. He pointed out that awarding a contract at this time of year would result
in high bids.
On motion of Councilman Gallagher, seconded by Councilman Spring, that the plans
and specifications be approved and authority be granted to call for bids with
the provisions that sets of plans and specifications be put on file in the Fresno,
Ventura and Bakersfield Building Exchanges and other plan rooms. Motion carried.
Councilman Blake voting no.
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