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HomeMy WebLinkAbout11/16/1959Gov 16 tli?, 1 . 247 CITY COUNCIL MINUTES November 16, 1959 - 7:30-P. M.. Invocation: Reverend-J. S. Loughran, Congregational Church. Roll - Call:. Present - Kenneth W. Jones, Donald Q. Miller; Gerald W. Shipsey, J..Barry Smith, Fred M. Waters Absent - None Claims against the City for the month of November, 1959, were approved on motion of Kenneth W..Jones, seconded by Gerald W. Shipsey. Council minutes for-.the meetings of October.26, 1959, November 2, 1959, and special meeting•of November:9, 1959, were- -held for correction. City Clerk reported on bids received-and opened for furnishing two dump trucks--to the City as per advertised specifications: MEL SMITH HYSEN - JOHNSON STANDARD MOTORS CHEVROLET. FORD INTERNATIONAL BID PRICE FOR SAN LUIS OBISPO (excluding all federal excise taxes and.state & local_taxes) RESOLUTION•NO. 604 (1959 Series), "A Resolution Increasing the 1959 -60 Budget" (Increase Street Capital Outlay) was introduced on motion of Gerald W. Shipsey, seconded by J. Barry Smith on the following roll call vote: AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters NOES: None ABSENT:None City Clerk reported ITEM 1 $ 49778.94 $ 4,438.81 $ 4,450.41 (Donald Less Trade -in 350.00 150.00 200.00 PART.A.. Net Price, Item.l $ 4;628.94 $ 4,288.81 $ 4,250.41 TOTAL A&B ITEM 2 $ 4,778.94,!• $ 4,438.81 $ 4,450.41 22784.73 Less trade -in 600.00 900.00 1,956.50 850.00 21729.08 Net Price, Item 2 $ 42178.94 $ 31538.81 $ 3,600.41 that the Mr. Miller, Administrative Officer recommended the low bid for Item 1 by recommended same International and the low bid for Item 2 by Hysen - Johnson Company be accepted. On motion of.Gerald W. Shipsey, seconded by J. Barry Smith, Mr. Miller's recommendation was.accepted and the bids awarded to International and Hysen- Johnson Ford Co. RESOLUTION•NO. 604 (1959 Series), "A Resolution Increasing the 1959 -60 Budget" (Increase Street Capital Outlay) was introduced on motion of Gerald W. Shipsey, seconded by J. Barry Smith on the following roll call vote: AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters NOES: None ABSENT:None City Clerk reported on bids received and - opened.for construction of plan line widening on.Johnson Avenue between Bishop Street and Sydney Street. (Donald Q. Miller property) PART.A.. PART B City of San Luis Obispo D. Q.Miller TOTAL A&B TED WATKINS $ 2,303.50 $ 831.50 $ 39135.00 HI -WAY CONTRACTORS 22784.73 1,275.47 4,060.20 LANDGER CONSTR. CO. 1,956.50 772.58 21729.08 MADONNA CONSTR. CO. 3,112.00 1,428.00 4,540.00 Mr. Miller, Administrative Officer, recommended that the low bid of Landger Construction Company be accepted for the city's share and recommended same approval to the property owner. �4 Councilman Donald Q. Miller stated he objected to the property owner being required to haul away spoil dirt which is presently owned by the city in the area deeded by the property owner to the city for street widening purposes. Councilman Miller stated that he did not object when the original agreement was first signed between the city and himself, as he believed that due to his holding a council position he should not make any issue which would•allow•him any special privilege in the eyes.of the general public. Councilman Miller stated that this was•one of-the glaring weaknesses of the council plan for•plan lines as the property owner is required to haul away the dirt in the area deeded to the city, and'ihe wished that the City Council would consider this in further agreements. Mr. Lew Warden, representing the property owners-protesting the plan line, stated that on behalf of his clients, they would have no objection to Councilman Miller renegotiating his agreement so that the city would pay for the removal•of the dirt. Upon discussion.by the.City.Council, Councilman Miller stated that he desired to renegotiate for a new agreement between the city and himself regarding the street widening on Johnson Avenue. City Attorney Houser stated he did not believe that after the bids were opened a renegotiation for contract items between the city and the contract- or or property owner and contractoir.for changes would be correct. Councilman Miller stated he could not see what difference it.made to the contractor who paid for removal of the dirt, the city or the property owner, but added that he asked no special consideration of his bid problems. Upon questioning of the past policy, David F. Romero, City Engineer, stated that in the case.of lots of record, it has been the policy for the city to place curb and gutter, pave street, relocate utilities, do•the, necessary engineering, etc. for a normal residential frontage if the property owner would deed the necessary land for the street widening and install sidewalks.. In the past, sidewalk cost has included site preparation. Councilman Miller urged that the low bid of Landger Construction Company be accepted and that he be allowed to renegotiate his agreement with the city regarding the removal of spoil dirt. . On motion- of•Gerald W. Shipsey, seconded.by.J. Barry Smith, it was moved that the low-,bid of Landger Construction Company be accepted. _ RESOLUTION N0. 605 (1959 Series), "A Resolution Increasing the 1959 -60 Budget" (adding-Account No. 200.15 - General. Plan) was passed and adopted on- motion of Gerald W. Shipsey, seconded -by J. Barry Smith on the following roll call vote: AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey., J. Barry Smith, Fred M. Waters NOES: None ABSENT:None ORDINANCE NO. 140 (1959 Series), "An Ordinance Leasing City Property to McCarthy Tank and -Steel Company" was finally passed on motion of Kenneth W. Jones, seconded by Donald Q. Miller on the following roll call vote: AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters NOES: None ABSENT: None COMMUNICATIONS 1. Communication from the Department of Public Works regarding engineering analysis made of the Foothill Boulevard bridge over Stenner Creek was received. Councilman Donald Q. Miller asked the City Engineer if he agreed with the State report regarding the bridge, and further, could the bridge be widened. 1 1 r PVUV 1 b ln1 d 4 9 Mr.Romero answered that he agreed with the State report, and as far as widening was concerned, he did not-know-as he had not made a study of the possibility of widening:the present bridge. He assumed the bridge would have.to be reconstructed completely. 2. Communication.from the Department of Finance regarding population estimate to be made for the City of San Luis Obispo as of March 1, 1960 was received and filed. 3. Communication from the American Health Studio requesting a passenger loading ' zone at the curb in front of their studio on Marsh Street was referred to the Traffic Committee. 4. Communication from 0. D. Vansandt, requesting title to a portion of Lots 11 and.12, Block 8, Arlington Addition, owned-by the city and granted to the:city by the Division of Highways when the freeway was developed. These small parcels of land-are needed for property development of Vansandt property. Matter was referred to the Planning Commission. 5. Communication -:from Administrative Officer.Richard..D. Miller recommending that.the Council authorize the additional position of Battalion Chief in the Fire Department. He urged the Council authorize the additional Battalion Chief position in the Fire Department.for proper supervision e—j of.the department.on a 24 -hour basis. Recommendation approved on motion of Gerald W. Shipsey, seconded by Kenneth W. Jones. Councilman Donald Q. Miller asked if the Fire Department had an officer who was responsible for personnel, such as was done in the Police Department. Fire Chief Schlobohm stated that the Fire Chief handles all the major personnel problems, but that-_in.shift assignments the staff officers helped.him in assigning personnel to the various shifts. Councilman Miller asked, did the Police Department have an officer just ' handling. the personnel problems. Administrative Officer Miller answered no, that.the.Chief was responsible for all personnel action of his department;. but that the staff aided.him on details. Councilman Miller stated that he understood that a Lieutenant in the Police Department was doing the personnel work and that he believed the department too--small to have.a full -time personnel officer. .. Police Chief Schofield answered that he personnal handles all the personnel problem :in the department and no one is assigned or responsible for personnel other than himself. 6. Communication from R. D. Miller, Administrative Officer, regarding calling for bids for station wagon type vehicle for the Fire Department as a replacement for the panel truck as discussed at budget time. Administrative Officer Miller recommended that.the bids be called for in the three alternates so that the City Council would have an opportunity to decide the type of vehicle to.purchase for the department. Councilman Smith asked, why is there a need for a station wagon and°.what will it be used for. ' Fire Chief Schlobohm reported that the station wagon will be used by the Battalion-Chiefs on.duty, will be kept at the main fire station for the Battalion Chiefs use, and be used for all rescue work of the department. Chief Schlobohm urged that the Council.acquire a station wagon as a panel truck is too bulky and uncomfortable to drive. A station wagon in the low price three would be adequate to handle the job. .Further, he recommend- ed that an adequate vehicle be purchased as listed in his requirements and .'not a vehicle that is too small to handle the necessary emergency equipment to be used for .emergency calls. He stated the vehicle should be big 450 NO 16 Rloy enough to handle a stretcher,.in addition to the other items of equipment. Chief Schlobohm requested that the bids be restricted to only the low price three, as they have adequate cargo space. Administrative Officer Miller urged that the three options be called for, so that.the Council can make the decision as to type. Fire Chief Schlobohm reminded the Council that the studebaker. station wagon and Nash are too small to handle a stretcher for emergency use. On motion of J. Barry Smith, seconded by Kenneth W. Jones, the recommendation of the Administrative Officer was approved.-in calling for three options for this vehicle. 7. Bulletin from the.League of California Cities listing the conference.: resolutions.adopted at the annual meeting -in October, 1959, was received and filed. 8. Communication from Mark A. Hood, developer of Laurel Lane's bowling alley, requesting that Section 4250.4 of the Municipal Code be amended to allow operation of bowling alleys after midnight was held over for Council study. 9. City Attorney Houser explained the.provisions•of the resolution passdd by the Board of Supervisors - regarding the removal of the log boom at Santa Margarita Lake. The matter was ordered received and filed. 10. Progress report by the California Mens Colony on water permit for Whale Rock Dam was received and filed. 11. Request'-for Council authorization for Mayor-to sign Civil Defense Agree- ment for loan of 3600 ft of .6" aluminum pipe and fittings for use at the Whale Rock site. Administrative Officer Miller explained.to the City Council the problem that arose regarding the water situation at the Whale Rock reservoir regarding the need for Civil Defense pipe and recommended that the Council authorize the Mayor to sign the agreement with the Civil Defense for use of the pipe. On motion of Kenneth W. Jones, seconded by Donald Q. Miller, the Mayor was authorized to sign the agreement. 12. Authorization of legal action (as required by the zoning ordinance) to have Gus Howie discontinue improper use of property at Walnut and Santa Rosa Streets, as storage yard for building materials. Planning Director Fraser explained the history to the City Council of the violations to the zoning ordinance being committed-by Howie and Shelton at this location. Mr. Fraser explained the steps taken by the city to have this abated: Mr. Gus Howie appeared before the Council on behalf of his operation at the corner of Santa Rosa and Walnut and explained that they have been there for over 17 months, and cannot move or close their operation overnight. Mr. Howie requested that he be granted some time to find a new location, move his material and cleanup the lot. It was moved by Kenneth W. Jones, seconded by Gerald W. Shipsey, that Howie and Shelton be granted 60 days to find a new location'for their operation and clean up the present violation. Motinn carried. Councilman Jones stated that there are several other operations in the same condition, and that if Howie and Shelton were required to'clean up their location, then the others should be cleaned up at the same time. It was moved by Kenneth W. Jones, seconded by -J. Barry Smith that'study of all zoning violations be reported to the Council for action, to include storage yards, trailers, etc. particularly the-contractor's yard on Swazey Street, and warehouse operations on Sydney Street between Johnson and Flora. Motion carried. 1 7 9VOU I b iva� 13. Council was informed that 34 claims for damage were.filed November 3, 1959, in the amount of $181,200 for alleged damages to property on plan line streets. Mayor Waters asked that the Council discuss this matter before any comments were received from the public. He suggested-that the matter of street widening in regard to these claims could be handled by a committee of the claimants to study`the various aspects of the street widening program - this to include a study ofthe design and the policy ' covering plan lines. He urged that a 7 -man committee be appointed by the Council, from among the claimants,•to have their own individual street widening problem explained and estimates prepared, for once these have been presented.to the citizens, they would have a fuller understanding of the plan line program. After this has been done, then the citizens' committee could look into the individual problems of their neighbors.' Councilman Miller asked why must.the property owners be asked to solve the problems of the plan line when.it is the city that is taking the property. Further, he believed the Council is the one who should give the public the information on plan line policy and not require the property CIO owners to look into and solve their own problems. . r.O d Mayor Waters explained that Councilman Miller's- statements were true, but that this was one way for the people involved to see the background for setting the plan lines. Councilman Jones agreed that a citizens' committee could be appointed to study.and investigate the basic policy.of the plan line program.. Councilman Miller stated he could not see what could be accomplished by this committee as he believed that the people had taken it to court and that the court was the place to settle.the plan line problem. Mayor Waters stated he did not believe that there was any necessity to go ' to court, but that the matter-could be settled by a conscientious attempt of the citizens' committee, working with the City Council. Councilman Smith stated he had no objections to forming a citizens committee if the people involved were willing to work on it and honestly attempted to come up with a fair solution. • . . Mr. Lew Warden, attorney representing the property owners who had filed claims stated that he agreed with the sentiments expressed, but that the property owners' group had spent money to have a study made and values set. He stated.that he disagreed with-the city policy.and.that the donation of land by property owners is wrong. He further urged that the city, as a whole, which is being improved by these widened streets should pay the cost involved,and not the individual property owner who is losing property by.this widening. He further stated that the claims filed were not necessary, as the suit to be filed would be under the adverse condemnation statutes, and he still could not understand the unfairness of requiring a small group' of property owners to give land for the general benefit of -the city. Mr. Warden stated that the reason for filing the claims was to ask the Council to reconsider the plan line policy of the city to see if it were legal and fair to the property owners involved. He also urged that the city remove the plan lines that have been passed so that the public can discuss the matter without the coercion of plan lines resting over their heads. Frank Adler appeared before the Council and urged that the city rescind the plan.line ordinances and-then negotiate with each property owner for the land necessary for street widening. Mr. John Sleeth asked what guarantee can the Council give the people that they will be listened to when they have not been listened to in the past regarding this taking of property. NOV 16 1959 Councilman Donald Q. Miller requested that the-Council abolish-the-plan line program as presently.constituted and:-then meet with the property owners involved and come up with a fair and equitable.street widening program for all concerned. Mr. Lew Warden, stated that the people would like to negotiate, but that the Council first must show good faith by rescinding the plan line ordinance, because.frankly, the people of the city have lost.faith in the City Council. The Mayor declared a recess at 9:25 P..M. ' The meeting reconvened.at..9:37 P. M. with all-members-present. Mayor Waters stated.that he did not wish anyone to take action this evening on his suggestion regarding the formation of a citizens' committee to study the plan.lines, but that everyone consider it on its merits and have the people involved recommend.this formation if they are so interested. Further, the Mayor - stated that this was his suggestion and that the.first time the other members of the council.had heard it proposed was earlier in the evening when the discussion started. Mr. Irvine Kogan asked.what was the present city policy regarding street widening under the plan line ordinance. Mr. Kogan was referred..to the city engineer for a copy of the city policy. Mr. Kogan then asked, is.it true that property owners were forced to donate land.to the city.for street widening purposes before a building permit would be issued so that the property could be developed. Mayor Waters suggested that Mr. Kogan come to the city hall and pick up copies -of the policy information on the plan line program. Councilman Miller asked that the City Clerk read the council policy on plan lines contained in Resolution No. 341. ' Mayor Waters stated that anyone who was interested could get a copy of this resolution at the City Clerk's office or City.Engineer's office. Mr. R. S. Armstrong appeared urging the.adoption of the proposal for a citizens' committee to study the matter. Claims for damages were received and.filed. 14. Minutes. of the-City Planning Commissinn meeting on .November 3, 1959, were received and filed. 15. The following salary step increases, effective-December 1, 1959, were approved on motion of Kenneth W. Jones, seconded by Gerald W. Shipsey. Roseann Van Boxtel Stenographer from step. 1, $265..to step 2, $280 per mo. Margie L. Jordan - Typist -Clerk from step 4, $295 to step 5, $312 per mo. Frank Kirchner - Laborer - Equipment Operator from step.-2, $330 per mo. to step 3, $350 per month. 16. The following contract payments were approved on motion of Gerald W. Shipsey seconded by Kenneth W. Jones: L. E. Webb Construction Company .Terrace Hill Water System - - - -- Estimate No. 7 ----- 462.74 , Estimate No. 8 & Final - - -- $11,572.85 lzIj7 0-8 OLD BUSINESS 1. ORDINANCE NO. 141 (1959 Series), "An Ordinance Amending Article VII of the San Luis Obispo Municipal Code Entitled "Public Works" by Adding to Chapter 3 Thereof Part 3 Entitled "Curbs, Gutters and Sidewalk Area" was introduced and passed to.print on motion of.Donald.Q. Miller, seconded by Gerald W. Shipsey on the following roll call vote: . .AYES:. Kenneth W. Jones, Donald Q..Miller, Gerald-.W. Shipsey, J. Barry Smith, Fred M. Waters NOES: None ABSENT: None.. 2. RESOLUTION NO. 606 (1959 Series), "A Resolution Designating Minimum Design Standards of Subdivisions" was passed and adopted.on motion.of Gerald W. Shipsey, seconded by J. Barry Smith on the following roll call vote: AYES: Kenneth W. Jones, Donald Q.- Miller, Gerald W. Ships ey, J. Barry Smith, Fred M. Waters NOES: None ABSENT: None M Q 3. ORDINANCE NO. 142.:(1959 Series),. "An Ordinance of Intention to Abandon a B �-j Portion of Brook Street" was passed and adopted on motion of J. Barry Smith, seconded-by Donald Q.Miller on the following roll call vote: AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M.: Waters NOES: None ABSENT: None 4. Communication from the State Department of Public Works stating the policy of the Highway Commission in the allocation of state highway funds to cities and counties under the provisions of Section 143.3 of 1 the streets and highways code. Mr. Romero, City Engineer, reported that upon investigation, the only street in the city that could be included in this program was Foothill Boulevard, asthe portion outside the city was a federal aid highway and state funds could be used for the improvement of Foothill Boulevard in connection with a similar project outside the city. Mr. Romero stated he had contacted Mr. Kenneth Beck, County Road Superintendent, -who stated that.he was -going to do some improving on this road in the next few years, and that if the city wished to, they could also get matching funds to improve Foothill Boulevard within the city. Matter was received and 'filed: 5. Request of Edgar 0. Laird that the City Council sell Lot 2, Block 45, City of San Luis Obispo. (referred to the Planning Commission who recommended that the City Council sell the lot) City-Clerk reported that he is waiting for a title report to see what interests the City has to sell in-this property. 6. Communication from Marshall Reynolds requesting the City Council correct an error made in transferring property between himself, Mrs.•Nellie Penman and the City was referred to City Engineer Romero for preparation of the 1 necessary documents to straighten out this matter. 7. After discussion and consideration of a report•on the subject from the Planning Commission, on motion of J. Barry Smith, seconded by Gerald W. Shipsey, the following motion was unanimously passed: It was moved (1) that::the•California Bench Company be granted permis- sion.to locate benches at various locations in the City of San Luis Obispo in accordance with and at the locations designated in their letter addressed to the City Council and dated October 14, 1959, (2) that the permission granted is subject to the conditions that 6J4 NOV 16 im said company comply with the.terms set forth in said letter and that said company agrees to indemnify and hold harmless the city against any and all claims for damages arising from the use of.said benches, and to deposit with the city a copy of their insurance policy naming the city as co- insured subject to the approval of the City Attorney, (3) that this-permission to.locate. said benches shall be for a period of one year. 8. Communication received from Councilman Donald Q. Miller proposing the following: 1. Widening of Chorro Street from Meinecke to Foothill Boulevard. By.common consent of the.Council, the matter was held.over for future study of traffic patterns since the new traffic signals have been installed. 2. Installation of a circulatory water main-on Sydney Street between Flora and Johnson Avenue and•the.placing.of an all- weather street on Sydney between Flora and Johnson. On motion of Kenneth W. Jones, seconded by J. Barry Smith, it was moved that the City Engineer prepares. study for the improvement of Sydney Street from Johnson.to.Flora and Flora from Sydneyeast . to..its terminus. The development-is to.include circulatory water main installation. 3. Engineering study to determine the cost of a pedestrian overpass at the location of Osos Street and the Southern Pacific yards. Councilman Miller urged that the study of the cost of installation of an overpass at the above - mentioned location.be made as soon-as possible so that monies could be put-aside for inclusion in future budgets. Councilman Smith agreed and urged that the Southern Pacific Company and the PUC be contacted regarding construction of the pedestrian overpass. City Attorney Houser was instructed to contact the Southern Pacific Company and the PUC. ADDENDA 1. Communication from Stanley Nelson.requesting acceptance by the:.City of Tract 92, Escuela Alta #2 was.referred to the City Engineer for report at the December 7 Council meeting. . .: 2. Communication from V. J. Gates, 14 Hathway Street, for relief of a property approach situation regarding an alleged illegal driveway. Councilman Smith suggested that a council committee be appointed to study this driveway situation and make recommendations to the council. Mayor.Waters appointed Councilman Smith and Donald Q. Miller to act as a council committee to meet with Mr. Gates and make recommendations to.the Council. 3. Mayor Waters suggested that the City Council consider the adoption of a swimming pool ordinance, and in particular, regulations for private pool control. By common consent of the Council, it was recommended that the City Planning Commission start studies for the recommendation of such an ordinance to the Council. 4. Councilman Donald Q. Miller brought up the problem of restricted parking in the downtown areas from 3:00 AM when night train crews go to the Spudnut Restaurant on Higuera Street for their meal.and receive tickets for parking violations. He suggested that some type of permit be allowed for people who must work at night to be allowed some parking privileges for short periods of time. The Council discussed the problem, deciding that as soon as special cnnP7.deration is given individuals, the entire enforcement program fails. Therefore, no action was taken regarding a special permit for night parking. 1 1 1 5. Resignation of Keith Fraser, Planning Director, effective November 30, 1959, was accepted with regret on motion of J. Barry Smith, seconded by Donald Q. Miller. Councilman Smith stated that Mr. Fraser had done a good job for the city and he should receive a letter of recommendation from the city for his work. 955 Mr. Miller, Administrative Officer, stated that he would immediately begin recruiting procedures for a replacement for Mr. Fraser and arrange for written examinations and interviews, in order to hire the best qualified man possible. Administrative Officer Miller asked that he be authorized to hire a person at a higher rate than the first step, if properly qualified. By common.consent, he was so authorized.... 6. Mr. Miller, Administrative Officer, reported that the architect for fire station #3 had presented his final estimate on which his fee will be based at $48,917. The estimate was accepted on motion of-Kenneth W. Jones, seconded by J. Barry-Smith.. 7. Mr. Miller,.Administrative Officer, announced the appointment of Vollmer N. Coelho and Edward S. Salas, Laborer- Equipment Operators in the Public Works Department, effective November 17, 1959. These are replacement employees d and not new positions. 8. Mr. Metras appeared before the Council asking when will the red curb painting and double lines on Chorro Street east of Foothill Boulevard be reconsidered, as the new traffic signals will have been in operation for three.weeks on .December 7,and;the Council promised to restudy this matter at this time. The City.Clerk was,instructed.to place this matter on the agenda for the next Council meeting. 9. By common consent of the Council, Councilman Donald Q. Miller was authorized to be absent from the state for the period from November 23 to December 3, 1959, and Councilman J. Barry.Smith.to be absent from the state from November 23 to November 28, 1959. On motion of Gerald W. Shipsey, seconded by Kenneth W. Jones; the meeting adjourned. Accepted this 7th December day of XWFUNU, 1959. 6rfEy Clerk