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HomeMy WebLinkAbout04/18/1960APR 1 8 1960 Councilman Miller requested that the City Council set a separate study session for consideration of the report by Whipple, Adamson, Murphy and Pearson on the design of a water distribution system to.serve the southerly areas of the City. On motion of J. Barry Smith, seconded by Kenneth W. Jones, the special meeting adjourned. Approved this2nd day of May 1960 J , 1 City gliirk r CITY COUNCIL MINUTES Q April 18,.1960 - -.7:30 P.M. CITY HALL The City Council met in regular session with Mayor Fred M. Waters presiding. ROLL CALL: Present - Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters Absent - None CITY STAFF PRESENT - City Engineer Romero, Administrative Officer Miller, Fire Chief Schlobohm, Police Chief Schofield, Planning Director Abraham, Park and Recreation Superintendent Flory, Water Superintendent Thompson and City Clerk Fitzpatrick. Minutes for the meeting of April 4, 1960,'were approved as presented. Claims against the City were approved for Ehe month of April, 1960, subject to the approval of the Administrative Officer on motion of Kenneth W. Jones, seconded by J. Barry Smith. 1. Mr. Harry Murphy, Attorney, appeared before the City Clerk on behalf of Cable TV System of Rancho Mirage, California. Mr. Murphy explained what Cable TV consisted of and his.reasons for applying.for a franchise instead of a business license, as the company needed to use the city streets for cable easements. Mr. Murphy emphasized that there is a need for more TV Coverage in the area and that surveys made in San Luis Obispo have resulted in requests for additional TV coverage. Mr. Charles Trimble appeared before the Council on behalf of his application for a franchise for Cable'TV. Mr. Trimble then read a statement on'the operation of his organization and listed areas where Cable TV Was in operation. He stated that General Electronics had completed a door -to -door survey and that of 79 homes checked, 50% desired additional TV coverage. Mr. Murphy asked that the Council not take action at this time, but study the matter and then make a decision on the type of franchise or types of companies desired'in this area. Mr. Hapgood, representing KSBY -TV, presented a statement on behalf of the Salinas Valley Broadca;6ing Corporation, protesting this type of TV coverage, and stating that if the Council wishes to give a franchise for cable TV, that they give KSBY first choice at this operation. ,5 a A APR 16 IyW 2. PUBLIC HEARING - 8 P.M. ORDINANCE NO. 157 (Off- Street Parking) At this time the Mayor declared the public hearing open on the final adoption of Ordinance No. 157 (1960 Series) "An Ordinance Amending Section 9200.8 of the San Luis Obispo Municipal Code." There were no protests, written or oral. The Mayor declared the hearing closed. Councilman Miller stated that he objected to the 12 parking space requirement for off - street parking in the R zone. On motion of Kenneth W. Jones, seconded by Gerald W. Shipsey, the ordinance was finally passed on the following roll call vote: AYES: Kenneth W. Jones, J. Barry Smith, Fred ti. Waters, Gerald Shipsey. NOES: Donald Q. Miller ABSENT: None ORDINANCE NO. 158 (Parking Space) At this time the Mayor declared the public hearing open on the final adoption of Ordinance No. 158 (1960 Series) '•'An Ordinance Repealing, Amending and Adding Certain Sections of Chapter 2, Article IX of the San Luis Obispo Municipal Code ". There were no protests, written or oral. The Mayor declared the hearing closed. On motion of Kenneth W. Jones, seconded by J. Barry Smith, Ordinance No. 158 was finally passed on the following roll call vote: AYES: Kenneth W. Jones, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters NOES: Donald Q. Miller ABSENT: None ORDINANCE N0. 159 (Church Street Abandonment) At this time the Mayor declared the public hearing open on the final adoption of Ordinance no. 159 (1960 Series), "An Ordinance of Intention to Abandon a Portion of Church Street." There were no protests, written or oral. The Mayor declared the hearing closed. On motion of Gerald W. Shipsey, seconded by Donald Q. Miller, Ordinance No. 159 was finally passed on the following roll call vote: AYES: Kenneth W. Jones, Gerald W. Shipsey, J. Barry Smith, Donald Q. Miller, Fred M. Waters. NOES: None ABSENT: None ORDINANCE NO. 160 (Industrial Annexation) 1 The Mayor declared the public hearing open on the final adoption of Ordinance No. 160 (1960 Series), "An Ordinance Approving the Annexation of Certain Uninhabited Territory, Designated 'Industrial Annexation' to the City of San Luis Obispo." APR Ia196U Mr. Phil McMillan appeared before the Council protesting the annexation of the Industrial area to the City of San Luis Obispo and read a statement relative to the methods employed by the Chamber of Commerce in proposing annexation of the area. There being no further comments, the Mayor declared the hearing closed. Councilman Jones asked why wasn't the entire McMillan property left out of the annexation so as to avoid this protest by Mr. McMillan. ' Mr. Houser, City Attorney, stated that the annexation map was presented to the City by the Industrial Committee y and further amended by the Boundary Commission and this the map approved by both the Planning Commission and Council for annexation to the City. Councilman Donald Q. Miller stated that he did not oppose the Industrial expansion and growth of the City of San Luis Obispo, but did protest the clandestine method imposed by the Industrial Committee in cutting up the area to be annexed in order to avoid having the annexation go to a vote of the people. He believed that the ballot box was a fair place to decide these ''D issues. Councilman Miller then explained to the Council some of the background of his inquiries to the Chamber of Commerce requesting information on this annexation, boundaries, etc., and that his requests were ignored by the then -members and further, he never received any information from the Industrial Committee relative to this annexation. It was moved by Councilman Miller, seconded by Councilman ' Jones, that the final passage of Ordinance No. 160 be denied. AYES: Kenneth W. Jones, Donald Q. Miller• NOES: Gerald W. Shipsey, J. Barry Smith, Fred M. Waters ABSENT: None It was moved by J. Barry Smith, seconded by Gerald W. Shipsey, that Ordinance No. 160 be finally passed. AYES: Gerald W. Shipsey, J: Barry Smith,. Fred M. Waters NOES: Kenneth W. Jones, Donald Q. Miller ABSENT: None RESOLUTION NO. 652 (Yoakum Annexation) At this time the Mayor declared the public hearing open on Resolution No. 652 (1960 Series), "A Resolution of the City Council of the City of San Luis Obispo Declaring Its Intention to.Call a Special Annexation Election, and Fixing.a Time and Place for Protests by Property Owners." The City Clerk reported that no protests had been presented opposing the annexation as of 8 P.M. this evening. Mr. Ray Hoover, resident of Rockview Place, asked for a description of the boundaries under consideration. These were explained. There being no further comments, Mayor Waters declared the hearing closed.. 3. SYDNEY STREET - Formation of an Assessment District The City Clerk reported tb.-the Council that Mr. Maino had appeared at the City Hall, stating that he would withdraw any conditions relative to the use of his money requiring all property owners to contribute to the paving of Sydney Street, as long as the $1.00 per foot was received, and that he would cooperate in any way possible. City Engineer Romero reported that the firm of Crempton & McNamara, Salesmen for the McAllen Heights tract, stated that they would pay the $75 to $85 necessary to complete the Sydney Street improvement for the property owner who refused to pay. It was moved by Kenneth W. Jones and seconded by Gerald W. Shipsey, that the City accept a check from Crampton & McNamara and thanked. them. It was moved by Donald Q. Miller, seconded by Gerald W. Shipsey, that the City proceed with the paving of Sydney Street as proposed. 4. Parking Lot #5 - Administrative Officer Miller reported that the City had still not acquired the drainage easement for Parking Lot #5 and that the contractor did not desire to reduce his contract without adjustment, as he had bid on the larger quantities with lower unit prices. Mr. Baumberger, the Contractor, appeared before the Council and objected to changing the contract as it would affect his contract and reduce it by approximately 20% and that he had bid the contract based on specifications published by the City with the implied information that the easements had been acquired by the City. Mrs. Baumberger appeared before the Council stating that they were willing to give additional time for the City to acquire the easement so that they could proceed with the entire project as bid by her husband. She then explained the conversations she had had with Mr. Houser, City Attorney, relative to this contract. Administrative Officer Miller stated that.the easement may be signed within the next two weeks and if the contractor will not defer or extend the bid period for two weeks, then possibly the City should reject all bids and re- advertise. ' Mr. Baumberger stated that they would wait until May 2, 19603 if the contract was accepted as bid by.him, including the drainage construction. Councilman Miller asked who was the party involved in this easement. City Engineer Romero answered the property owner's name was Firpo. Councilman Miller asked when were the property owners first con- tacted relative to the acquisition of the easement by the City. Mr. Romero stated the property owners were first contacted three months ago. The matter was held over until May 2, 1960.. 5. TRAFFIC COMMITTEE REPORT "60 -4 -1T. The Traffic Committee has noticed that, with the closing of Palm Street at the railroad, Mill Street is being used more and more as an east -west route. It is our feeling that traffic would be expedited and no harm done to the traffic pattern otherwise, if Toro Street were stopped both directions at Mill rather than the present installation which stops Mill traffic. It is recommended that the Council pass a resolution making this change." RESOLUTION NO. 662 (1960 Series), "A Resolution Establishing Boulevard Stops on Toro Street at its Intersection with Mill Street" was passed and adopted on motion of Gerald W.. Shipsey, seconded by Donald Q. Miller on the following Roll Gall Vote: AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters NOES: None ABSENT: None ±PR 18 IM "60 -4 -2C. The Traffic Committee has studied the request of Mrs. J. L. Emery., 1160 Pismo Street, suggesting one -way streets on Pismo Street and Buchon. lie feel that this suggestion has considerable merit and that a pair of one -way streets running westward on Pismo from Johnson to lower Higuera Street and on Buchon running eastward from High to Johnson would have considerable'merit. However, because of the magnitude of such a change, we would suggest that the Council refer this to the Citizens' Co- mmittee on Downtown Traffic Congestion for further study and recommendation.' Referred to the Citizens' Committee on Downtown Traffic Congestion. on motion of Councilman Miller, seconded by Councilman Jones. 1 "60 -4 -3C. The Traffic Committee has studied the parking congestion which exists on Palm Street and has also taken into consideration several complaints received during the last year or so on the all -night parking in this location which makes it difficult to do an effective job of sweeping the street. However, we are at a loss as to what steps could be recommended to alleviate the situation. We are reluctant to recommend a ban on all -night parking in a residential zone and feel, that the traffic, situation would be improved by extension of the existing red zones on Santa Rosa. However, this had been recommended to the Council in the past and rejected, and we are not proposing such an extension at this time." C; :Y; Received and filed. Nr Councilman Jones asked that the Traffic Committee look into the crosswalk "a at Murray and Santa Rosa as it presently ends in hedges on the west side of Santa Rosa and the - Traffic Committee should consider moving the crosswalk so that pedestrians can use the crosswalk. 6. RAYNER REQUEST City Engineer Romero suggested that if the property were sold that the City have as a condition of sale that curb and gutter be placed on the new right - of -way line on Cerro Romauldo.- On motion of Gerald.W. Shipsey, seconded by Donald Q. Miller, the City was authorized to sell the property at public auction with the City Assessor to set the minimum bid. 7. Request of the Church of Jesus Christ of Latter -Day Saints that the City name the new cul -de -sac street adjacent to the new church Deseret Place was approved on motion of Donald Q. Miller, seconded by Kenneth W. Jones. 8. Report by Whipple, Adamson, Murphy & Pearson on the expense of water distribution system to serve the southerly and northwesterly areas of the City was referred to a special Council study session at 7:30 P.M., April 25, 1960. I 9. Communication from Thompson Associates requesting permission to appear before the Council regarding Tract 166, Johnson Highlands was received and filed. 10. Communication from Fred L. Hector, Planning Consultant, regarding present possibility of development of Laguna Lake was referred_ to the Planning Director and City Engineer.. 11. Communication from the City Planning Commission asking authority of the Council to request establishment of a holding zone around Laguna Lake from the County Planning Commission. Request approved on motion of Gerald W. Shipsey, seconded by J. Barry Smith. 357 Communication from the Planning Commission recommending approval of the request of Mr. Rayner for the City, to sell a portion of property acquired for extension of Cerro Romauldo Drive. City Attorney Houser explained the procedure for selling surplus property, as required by the charter, which states that all property must be sold and transferred by ordinance. Mr. Houser stated that past Council policy has always been to sell property at public auction. He further stated that this was a matter.for the Council to decide. City Engineer Romero suggested that if the property were sold that the City have as a condition of sale that curb and gutter be placed on the new right - of -way line on Cerro Romauldo.- On motion of Gerald.W. Shipsey, seconded by Donald Q. Miller, the City was authorized to sell the property at public auction with the City Assessor to set the minimum bid. 7. Request of the Church of Jesus Christ of Latter -Day Saints that the City name the new cul -de -sac street adjacent to the new church Deseret Place was approved on motion of Donald Q. Miller, seconded by Kenneth W. Jones. 8. Report by Whipple, Adamson, Murphy & Pearson on the expense of water distribution system to serve the southerly and northwesterly areas of the City was referred to a special Council study session at 7:30 P.M., April 25, 1960. I 9. Communication from Thompson Associates requesting permission to appear before the Council regarding Tract 166, Johnson Highlands was received and filed. 10. Communication from Fred L. Hector, Planning Consultant, regarding present possibility of development of Laguna Lake was referred_ to the Planning Director and City Engineer.. 11. Communication from the City Planning Commission asking authority of the Council to request establishment of a holding zone around Laguna Lake from the County Planning Commission. Request approved on motion of Gerald W. Shipsey, seconded by J. Barry Smith. 357 J T 12. Communication from the City Planning Commission regarding development of the Laguna Park Homes Tract was received and filed.' Communication from the Laguna lake Committee regarding development of the Laguna Park homes was-received and filed on motion of -J. Barry Smith, seconded by Donald Q. Miller. 13. Mr. Houser, City Attorney, reported that he had requested quotations from two appraisers to make an appraisal for the Pezzoni condemnation but that only one appraiser had submitted a proposal. Mr. J. Arsenio submitted a fee of $100 per day with a meximum of five days to make the appraisal. Mr. Houser recommended that Mr. Arsenio be retained to make this appraisal. On motion of J. Barry Smith, seconded by Kenneth W. Jones, Mr. Arsenio was retained. AYES: Kenneth W. Jones, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters. NOES: Donald Q. Miller ABSENT: None 14. Communication from the A. F. Janes Testing Laboratory submitting prices to cover inspection and incidental lab work required on San Luis Obispo sub- divisions. City Engineer Romero submitted proposals from the following companies: Twining Laboratories Hornkohl Laboratories, Inc. Mr. Romero recommended after study of these proposals that the firm of A. F. Janes be retained on as hourly basis. On motion of Kenneth W. Jones, seconded by Gerald W. Shipsey, Ehe recommen- dation of the City Engineer was approved. 15. Estimate of cost to make drainage improvements across city streets in the Caudill area was received and filed. 16. Request of William Flory, Park and Recreation Superintendent, for permission to purchase a trailer for transporting the department's power equipment, out of the 1959 -60 budget, was approved on motion of Donald Q. Miller, seconded by J. Barry Smith. 17. Recommendation of the Fire Chief and Administrative Officer for increase in hourly rate of pay for weed burners from $2.00 to $2.25 per hour was approved on motion of Gerald W. Shipsey, seconded by J.- Barry Smith. 18. Application for business license from the A & W Root Beer Stand on Santa Rosa Street between Olive and Montalban Streets was held over. 19. Council authority for City to accept and Mayor to authorize recording of grant deed-for street widening on Richard-Street from Walter and Elizabeth Johnson was approved on motion of J. Barry Smith, seconded by Kenneth W. Jones. 20. Communication from the Commandant, U. S. Army Garrison, Camp San Luis Obispo, regarding Mutual Aid Agreement for fire protection between the City•and.Camp San Luis Obispo. Mayor authorized to sign agreement on motion of Kenneth W. Jones, seconded by Gerald W. Shipsey. 21. RESOLUTION NO. 663 (1960 Series), "A Resolution Adopting Budget Proposal for for Expenditure of Funds Under Section 2107, Streets and Highways Code" was passed and adopted on motion of Donald Q. Miller, 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 i 1 1 22. Communication.from the City Building Department regarding the condem- nation by the City.of the:prbperty at 638 Marsh Street was received and filed. 23. Communication from David F. Romero, City Engineer, regarding annexation to the City at the time the Madonna Inn receives sewer and water service was received and filed. 24. Request of Tony Perez and Gil Brown Jr. to hold a. dance April 30th from 9 to 1:30 A.M. was approved on motion of Donald Q. Miller seconded by Kenneth W. Jones. 25. Communication from the California State Disaster Office submitting an annual report for the year 1959 was received and filed. 26. Communication from the California State Disaster Office regarding the misuse of surplus property issued for Civil Defense purposes to cities and counties used for other than Civil Defense purposes was referred to the.Assistant Director of Civil Defense. 27. By common consent of the Council, May 5th at 7:30 P.M, was set as a time for Commander Gullickson to brief the Council and Department heads on current Civil Defense situation. cz ,. 28. Communication from the San Luis Obispo Elks Lodge announcing May 2nd as Youth Activities Day and requesting Council take part in the program of "Youth in Government" on this day. Request approved. 29. Communication from John L. Seitz bringing notice of a drainage difficulty on Stanford Drive in front of his residence at No. 587 was received and filed. 30. Notice of the Division of Small Craft Harbors, State of California of a commission meeting to be held in Santa Monica April 25, 1960, was received and filed. 31. Minutes of the City Planning Commission of April 5, 1960, were received and filed. ADDENDA 1. Annual report of California Highways, 1959, and Report from District V were received and filed. 2. Quarterly report by the Chamber of Commerce on use of city funds from January 1, to April 1, 1960, was ordered received and filed. 3. Communication from Eugene Jackson, General Contractor, requesting permission to extend a brick veneer 4" beyond the present building line of Universal Auto Parts on Court Street, but not farther than other buildings on Court Street. Approved on motion of Kenneth W. Jones, seconded by J. Barry Smith. 4. Mr. Houser, City Attorney, asked the City Council if they wished to adjourn to discuss the litigation against the City relative to plan lines. He explained the conditions of the suit and also that the' City can defend the individuals named in their official capacity and also as individuals. Mr. Houser further explained that he had contacted Mr. Wickson Woolpert ' to work.with him as Co- Counsel representing the City and individuals on the basis of a $500 retainer;fee plus $20 per hour plus Bar Association fees for court appearances. On motion of J. Barry Smith, seconded by Kenneth W. Jones, it was moved that the City retain Mr. Woolpert as Co- Counsel with Mr. Houser. 5. Mr. Miller, Administrative Officer, asked permission to get quotes to have an appraisal made for purchase of the Mission Gardens property at the corner of Monterey and Chorro Streets. The City Council approved the request.