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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. 1 �I