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HomeMy WebLinkAbout03/20/1961Z CITY COUNCIL-MEETING- March 20, 1961 -- -7:30 P. M. CITY HALL The City Council met in Regular Session with Mayor Fred M. Waters presiding. Invocation was given by Reverend Ray W. Heer, Presbyterian.Church. ROLL CALL: Present - Kenneth W. Jones, Donald Q.Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters. Absent— None CITY STAFF PRESENT: Planning & Building'Director Abraham, City Clerk Fitzpatrick, Park & Recreation Superintendent Flory, City Attorney Houser; Administrative Officer-Miller.. City Engineer Romero, Fire.Chief Schlobohm, Police Chief Schofield, Minutes for the Special Meeting of March 6, 1961 and the Regular Meeting of March 6, 1961, were approved on-motion of Donald Q. Miller, seconded by Kenneth W. Jones. Claims against the City for the month of March, 1961, were approved on motion of Kenneth W. Jones, seconded by Donald Q. Miller, subject to the-approval of the Administrative Officer. 1. RESOLUTION NO. 755 (1961 Series), "A Resolution Increasing the 19.60 -61 Budget," increasing personnel testing services by $250 and adding,a new account, Parking Meter Retirement in the amount of $400, was passed and adopted on motion of Gerald W..Shipsey, seconded by Kenneth W.Jones, on the following roll call vote:. AYES: Kenneth W. Jore s, Donald Q Smith, Fred M. Waters. NOES : . None ABSENT: cNone Miller, Gerald W. Shipsey; J. Barry 2. Report by Administrative Officer. Richard.D. Miller on water revenues and finances, dated March 10, 1961, was received and filed. - 3. Semi- annual audit of City records for the period July 1, 1960 to December 31, 19.60, from Wi•lleford, Levay & Company, was received and filed. 4. The following report was made by .City Clerk Fitzpatrick on bids received and opened for furnishing one sewer.rodding machine to the City of San. Luis Obispo: 1. O'BRIEN MANUFACTURING CORP. 5632 Northwest Highway Chicago 46, Illinois BID PRICE: fob San Luis Obispo (excluding all federal excise taxes and state and local sales _ taxes)(excluding rods) $ 5,224.50 Rods: Per ft cost(approximately 500 ft required($.07 per ft 35.00 + 4% sales tax 2. SOUTHWEST SEWER TOOL CO. 3786 Durango Avenue Los Angeles 34, California $ 53259.50. 210.38 $ 5,469.88 1 u 1 BID PRICE: fob San Luis Obispo (same conditions as above) $ 3,772.00 Rods: Per ft cost(approximately 500 ft of rods required)($1.10 per ft 550.00 $ 4,323.00 + 4% sales tax - 172.92 $ 4,495.92 Administrative Officer Miller recommended_ that the'low bid of Southwest Sewer Tool Corp. be accepted. ' City Engineer concurred in the recommendation. On motion of Gerald W. Shipsey, seconded by Kenneth W. Jones, the bid was awarded to the low bidder, Southwest Sewer Tool Company, for furnishing a sewer rodding machine to the_City. 5. Notice of Channel Counties Division League of California Cities meeting to be held in San Luis Obispo March 23, 1961, was received and filed. 6. Discussion by the City .Council of parking meter time limits in downtown business district. Administrative Officer Miller reported to the City Council on discussions with members of the Council relative to changing all parking meters to two hour meters in the areas zoned for 2 hour time limits. 'Mr. Miller stated that at least one Councilman thought that an extension of time on the meters would put the time limits and parking meters on the same limits and eliminate the inconsistencies presently existing. Councilman Jones suggested that the time limits remain the same as at present, one hour on the street meters in order to encourage use of off- street parking lots, and not just park a.car downtown and feed the meter. Councilman Miller agreed with Councilman Jones that the City Council not make any changes in the present time limits on the street parking meters. Councilman Shipsey stated that he was the one that brought up the subject of extending the time limits, as there is at present an inconsistency as the meters are limited to one hour while the parking limit is 2 hours. It was moved by Donald Q. Miller, seconded by Kenneth W. Jones, that the curb meter limits stay just as at present, one hour. Motion lost on the following roll call vote: AYES: Kenneth W. Jones, Donald Q. Miller. NOES: Gerald W.'Shipsey, J. Barry Smith,'Fred M. Waters. ABSENT: None It was then moved by Gerald W. Shipsey, seconded by J. Barry Smith, that the matter of changing parking meter time limits be referred to the City Traffic Committee. Motion carried. No -one appeared to rent the property, and the matter was received and filed. 20. TRAFFIC COMMITTEE REPORT 61 -3 -3C "The Traffic Committee has considered the'letter request for installation of parking meters on the east side of Broad Street between Higuera and Monterey referred to the Committee at the last Council meeting. The Committee feels that this street is now almost completely developed for business and professional offices and recommends that parking meters Z 7. Personal appearance of Fred L. Hector, to present Master Plan for development of Laguna,Lake area for park, recreational, and other compatible purposes. Mr. Hector presented his final report, which includes Master: Plan, costs, etc. 8. 8:00 P.M. PUBLIC AUCTION for lease of old City Corporation Yard on Santa Barbara Avenue. No -one appeared to rent the property, and the matter was received and filed. 20. TRAFFIC COMMITTEE REPORT 61 -3 -3C "The Traffic Committee has considered the'letter request for installation of parking meters on the east side of Broad Street between Higuera and Monterey referred to the Committee at the last Council meeting. The Committee feels that this street is now almost completely developed for business and professional offices and recommends that parking meters Z be installed not only on the east side but on the west side of the street also. There is-room for 11 meters on the east side, one of which would be a twelve minute zone and 6 on the west side." RESOLUTION NO. 761 (1961 Series), "A.Resolution Establishing Broad Street Between Higuera and Monterey Streets as a Parking Meter Zone," 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 61 -3 -4C "On the requests of the Teach PTA referred to the Traffic Committee.by the Council, the Committee would like a little more time to study the suggested footbridge for the bridge on Foothill near Casa. On the matter of protecting pedestrians and particularly school children on the east side of Cuesta between Highland and Felton Way, the Committee feels that the red zone would have considerable merit since this is quite a narrow street. However, since this is a residential neighborhood, we feel that if the Council concurs in this thinking, that a hearing be scheduled and the residents at that location be invited to attend, before taking any final action." Recommendation accepted and public hearing called for April 3, 1961 on motion of J. Barry Smith, seconded by Kenneth W. Jones. Councilman Miller asked that the City Traffic Committee consider the placement of sidewalk along Cuesta Drive and could not this be done. . in the interest of safety with the City paying for the installation of sidewalk. City Engineer Romero reported that the City Traffic Committee considered the requirement for placing sidewalk along Cuesta Drive but in view:'of past Council policy in not forcing property owners to place sidewalk in front of their homes, and considering the expensive precedent which might be set if the City paid for the installation, this alternate had been rejected. 61 =3 -5T "The Traffic Committee has studied the street lay -out in that portion of the Yoakum Tract recently annexed to the City and recommends that single stop signs be installed on Perkins Lane, Sweeny Alley,.and Vista Place at Broad Street." RESOLUTION NO. 759 (1961 Series), "A Resolution Establishing Stop Signs on Perkins Lane, Sweeny Lane, and Rockview Place," was passed and adopted on motion of J. Barry Smith, seconded by Kenneth W. Jones, 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 61 -3 -6T "With the near completion of the cooperative apartments on the bluff above Pismo Street between Chorro and MDrro Streets and the.. construction of sidewalk below, this has resulted in the widening of Pismo Street at this location to the same width as the rest of the street. It is therefore recommended that the "No Parking Between Signs "'desig_nation at that location be removed and the standard 2 hour limit signs substituted to conform with the rest of the block. " - RESOLUTION NO. 760 (1961 Series), "A Resolution Establishing Two -Hour Parking on the South Side of Pismo Street Between Chorro and Morro Streets," 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 7 1 1 9. At this time Mayor Waters opened a Public Hearing on the matter of dispensing with the Parking Place Commission as the governing body of Parking District No. 1 with the City of San Luis Obispo assuming all powers, jurisdiction, and authority imposed on the Commission. There being no.comments, the hearing was closed. RESOLUTION NO. 752 -A, (1961 Series), "A Resolution Determining that No Parking Place Commission Shall Be Appointed," was passed and adopted on motion of Kenneth W. Jones, 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 10. At this time the City Council considered Resolution No. 753. Administrative Officer Miller briefed the contents of Resolution No. 753 as follows: Article 4, pages 24 to 26 provided for the method of redemption for any future bonds issued. Article 5,.pages 26 to 36 states the City agrees to maintain certain parking meter rates during the life of the bonds, to maintain meters on the streets and in the lots, and the method of handling revenues. All lot revenues and net street revenues go into the bond revenue fund within the first five business.days of each following month. 1/6 of the next semi - annual interest payment total is then set aside each month in the.Bond Service Fund as well as 1/12 of the next annual principal payment. The City can then recover any expenses incurred in connection with the parking lot operation, and then any revenue left over can.be transferred as the.Council sees fit. And we have another Resolution later on which transfers it back to the Off - Street Parking Reserve. And as I understand the present City policy, we can recover for the general fund, the cost of enforcing.the meters if there is that much available. Or the Council could in 1966 decide to use some or all.of this excess to call the bonds early. Article V also says that in 1976 the City has to start setting aside 1/12 of the $20,000 or $25,000 each month to be able to call that number of bonds at the end of each year. And there would be a sinking fund set up for that purpose. "Resolution No. 753..'.sets up all the terms and conditions for the issuance of Series A Parking District bonds and any future bonds within the district. The first article after the whereases citing the historical record of the need for the project and the legal steps taken so far.by the Council under the State Constitution and laws of the State goes into definitions. This takes up pages 2 to 9. Article 2, pages 9 to 18 describes the bonds to be issued, terms, call features, gives the wording to be included on the bonds. Briefly $10,000 in bonds mature each year from 1962 (July) to 1968, $15,000 from 1969 to 1975, and in 1976, $20,000. That totals $185,000.• These bonds can't be called until the maturity date indicated. Up to 15 years. The other $225,000 are set up to mature 10 years later or 1986. However, they can be called starting in 1966, five years from now, by paying .varying percentages of.premiums from 4% down to 0. Only parking revenue aan be used from 1966 to 1976 and then, any City funds can be used to call the bonds. Starting in 1977, you have to call $20,000 of the $225,000 each year for five years, then $25;000 a yaar for five years, if you haven't already. (page 32) Article 3, pages 18 to 24, goes into the procedures which must be followed before you could issue additional.bonds, and tells what.we can do with the bond proceeds for Series A. Any accrued interest from the date of the bonds January 1, 19.61 to the date the bonds are delivered goes into a Bond Service Fund to service the bonds. Of the $420,000, $20,000 goes into a Reserve Fund. The City reimburses itself for about $50,000 for costs previously advanced. The rest including any bond premium goes into an Acquisition.and Improvement Fund to pay for the purchase and development of the lots. Article 4, pages 24 to 26 provided for the method of redemption for any future bonds issued. Article 5,.pages 26 to 36 states the City agrees to maintain certain parking meter rates during the life of the bonds, to maintain meters on the streets and in the lots, and the method of handling revenues. All lot revenues and net street revenues go into the bond revenue fund within the first five business.days of each following month. 1/6 of the next semi - annual interest payment total is then set aside each month in the.Bond Service Fund as well as 1/12 of the next annual principal payment. The City can then recover any expenses incurred in connection with the parking lot operation, and then any revenue left over can.be transferred as the.Council sees fit. And we have another Resolution later on which transfers it back to the Off - Street Parking Reserve. And as I understand the present City policy, we can recover for the general fund, the cost of enforcing.the meters if there is that much available. Or the Council could in 1966 decide to use some or all.of this excess to call the bonds early. Article V also says that in 1976 the City has to start setting aside 1/12 of the $20,000 or $25,000 each month to be able to call that number of bonds at the end of each year. And there would be a sinking fund set up for that purpose. Article 6, -pages 36 to 39 tells what happens in case of default by the City, and prorating of any revenues available. Here it must be borne im..mind that besides the meter revenue and the ad valorem taxing power within the district, the bond buyer has no other place to look for to get his money. However, the City agrees to maintain sufficient parking meter rates to pay the necessary interest and redemption, to give no frde parking within the district, not set up competing facilities within the district unless their revenue is also contributed, and so on:- Article 7, pages 39 to-45 describes the covenants made by the City to the bond buyer. Actually binding contracts. All bonds haveequal rights. City agrees to commence project and complete as soon as possible. 1 Agrees to maintain liability insurance, fidelity bonds on employdes, keep accurate books, publish a summary annual report within 120 days after the end of each fiscal year, provides that the City will-not sell any facilities during the life of the bonds, if condemned will try to acquire substitute revenue producing facilities, if can't, set aside proceeds to redeem bonds. Council to act as parking place commission. Article 8, pages 46 to 47, provides that City can make limited changes in this Resolution later with the consent of 60% of the bond-holder's, after publication in paper. Article 9, pages 47 to 50 misc., limits liability of City, provides for successors in case the City ceases to exist, provides waiver of personal liability for City officers, and so on." Councilman Miller presented the following statement for the•consideration of the Council: "This Councilman is in favor of downtown off - street parking facilities: Assuming those downtown property owners who receive a direct benefit pay a portion of the cost of installing these lots. The district before us tonight was started prior to my election to the Council two years ago. Had I been a member of the Council at.that time I would have opposed the district. My reasons are: 1. The downtown property owners will pay nothing [award the retirement of the district bonds, unless the revenues from all the parking meters in the City are not sufficient to pay interest sad principal on the bonds. At this time meter revenues are sufficient to amortize the district bonds. 2. When this City establishes improvement assessment districts in residential areas, each residential - property owner pays his share of the total assessment. The district as presented tonight has these defects. During my two . years on the Council I have not obstructed the progress of this district. In principle I have - opposed the basic financing. Downtown property oetners should in all fairness help pay for off - street parking if they derive .a benefit. RESOLUTION NO. 753 (1961 Series), "A Resolution Authorizing the Issuance of Parking District No. 1 Bonds of the City of San Luis Obispo, and of $420,000 Principal Amount of Series A Bonds," was passed and adopted on motion of J. Barry Smith, seconded by Kenneth W. Jones, 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 11. At this time the City Council considered Resolution No. 754. RESOLUTION NO. 754 (1961. Series), "A Resolution of the Council of the City of San Luis Obispo Approving Official Statement and Authorizing and Directing the Sale of $420,000 Principal Amount of Parking District No. 1 Bonds of the City of San Luis Obispo, Series A," was passed and adopted an motion of Gerald W. Shipsey, seconded by Kenneth W. Jones, 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 12. At this time the City Council considered Resolution No. 756. RESOLUTION NO. 756 (1961 Series), "A Resolution Establishing Certain New Funds in Connection With Parking District No. 1," was passed and adopted on motion of Gerald W. Shipsey, seconded by Kenneth W. Jones, 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 14. RESOLUTION NO.357 (1961 Series),. "A Resolution Relating to Procedure for Disposition of Surplus Parking Meter. Revenues Within Parking District No. 1," was passed and adopted on motion of J. Barry Smith, 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 15. ORDINANCE NO. 184 (1961 Series), "An Ordinance Granting an Easement to Pacific Gas & Electric Company on Lopez Canyon Property," was finally passed 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 16. At this time the City Council considered passage of Ordinance No. 186. City Attorney Houser reported to the City Council that Ordinance No. 186 contained a clerical error that was made in transcription and that the word Murray Street should read Walnut Street, and that the time should be from 4:00 P.M. and not 4:30 P.M. Mayor Waters declared a hearing open on adoption of Ordinance No. 186. Mr. Stan Nelson appeared before the City Council and asked if property owners affected by the conditions imposed when this Ordinance was passed and upon whom the-hardship would be placed had been notified of the contemplated.restrictions for parking between the hours listed. Councilman Jones stated that the solution being considered by the City Council is not the answer to traffic congestion but that left hand turns should be prohibited on Santa Rosa Street so as to avoid .the line- up of cars waiting for a left turn movement. Councilman Miller stated he concurred with Councilman Jones' statement regarding left turns and further, he does not believe that elimination of parking will help the situation at this time, as believed by the City Traffic Committee. ' Mr. Whelchel appeared.before the City Council and asked would the elimination of parking during these 2 periods of the day allow 2 lanes of traffic each way on Santa Rosa Street. Also could not parking be allowed on one side of the street in the morning and on the other side of the street in the afternoon when congestion only occurred in the morning on the inbound traffic and in the evening the outbound. Mr. Whelchel was informed.that 2 lanes of traffic each way would be allowed and also that the-alternating parking was considered, but it was thought it would just add more confusion to the situation. "".-e hearing was closed. ORDINANCE NO. 186 (1961 Series), "An Ordinance Establishing Limited No- Parking Zones," was finally passed on motion of J. Barry Smith, 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 Councilman Miller asked that the City Traffic Committee look into the - stop signs at Palm and Chorro Street with the view of changing the.signs to stop Palm Street traffic and allowing free movement in traffic on Chorro Street. 17. ORDINANCE NO. 185 (1961 Series), "An Ordinance Conveying to Development Associates an Easement," was finally passed on motion of Donald Q. Miller, seconded by J. Barry Smith, on the following roll call vote: AYES: Kenneth W. Jones, Donald Q Smith, Fred M. Waters. NOES: None ABSENT: None Miller, Gerald W..Shipsey, J. Barry 17 -A. For Council consideration, a Resolution authorizing Administrative Officer Miller to sign the necessary application forms for a federal grant for sewer plant planning and construction funds. RESOLUTION NO. 758 (1961 Series), "A Resolution Authorizing Application For Federal Grant Under 33 U.S.C. 466 et. seq.," was passed and adopted 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 9:00 P.M. Mayor Waters called a recess. 9:15 P.M. the meeting reconvened with all Councilmen present. 18. City Planning Commission Resolution adopting the General Plan for,the City of San Luis Obispo, and recommending adoption by the City Council. On motion of J. Barry Smith, seconded by Kenneth W. Jones, the City Council set a'Public Hearing for 8:00 P.M. April 3, 1961 to consider adoption of the General Plan. Councilman Miller asked could the General Plan be published in its entirety by the newspaper so that all citizens would know what was being considered by the City Council in this General Plan. Planning Director Abraham replied that each element of the General Plan has had a newspaper article explaining the various facts relative to each element. 19. Progress report from City Engineer Romero on Mission Plaza Parking Lot. City Engineer Romero presented a letter to the City Council that he was sending out to each property owner contemplating participation in the Mission Plaza Parking Lot, explaining each facet of the program with estimated costs for each property owner. Mr. George Andre appeared before the City Council on behalf of the Mission Gardens Association, a group within the City desiring to develop the area across the street from the Mission into a mall or park.. Mr. Andre stated that his group does not oppose realignment of Monterey Street or the establishment of a parking assessment district, but they wished the Council to consider an alternative plan incorporating additional parking 1 1 1 by a longer realignment of Monterey Street .which would make available more area along the creek for development of the plaza or garden and the parking lot. Mr. Andre then presented the following letter from Robert Peters, president of the Mission Gardens Association: "On March 10, 1961 members of a steering committee of the Mission Garden Association adopted an alternate plan to that one currently being considered.for the development of the Mission.Plaza Area:. A blue print of one version of this alternate plan is presented herewith. 1 It-is believed that this alternate plan should be given serious study because it provides the following advantages: 1.. A longer straight =a -way alignment of Monterey Street at the corner of Chorro and Monterey Streets which will permit faster traffic flow on both streets. 2. .Remove Old Mission funeral and.wedding traffic from the part of Monterey Street where.the traffic pattern is most critical. 3. Would not interfere with the plans for parking planned for in the area now being considered for a new Parking Assessment. District. 4. Provides approximately 22 additional metered parking spaces over the-29 spaces currently planned for. 5. Provides an attractive landscaped strip between the streets .in front of the Old Mission, and provides for the establishment of an on the creek park at one of the points where the creek .banks are most attractive. 6. Would establish the Mission Park where it could be permanently developed and extended on a budgeted program over a period of time. It is believed that.the.added benefits of the alternate plan will more than warrant the expenditures necessary for its accomplishment. Accordingly members of the City Council are urged to give their most serious consideration to this alternate plan prior to taking final action in developing the Mission Plaza Area." Mr. Andre closed his statement by asking the City Council to begin acquiring the land along Monterey Street from Chorro to.Broad Street so as to acquire the property necessary to develop into the plaza or garden. 21. Communication.from City Engineer Romero suggesting that the City Council consider authorizing him to request a proposal for engineering services from Mr. Jenks for design of expansion for the sewer treatment plant. Request approved on motion of Gerald W. Shipsey, seconded by J. Barry Smith. 22. and 23. Communication from San.Luis Obispo City Schools notifying the City Council of the availability of 2 acres adjacent to the school lot being::pdrehased from Skinner Company which could be purchased for recreational development, and communication from the Park and Recreation Commission unanimously approving the Superintendent's proposal and recommendations for capital outlay funds, with referral to the City Council for consideration. The City Council discussed the request of the Park and Recreation Commission regarding funds for capital improvement and land acquisition. Also requesting that the.Council cancel the outstanding indebtedness of the Park and Recreation Commission to the General Fund of some $80,000. It was moved by J. Barry Smith, seconded by Kenneth W. Jones, .that the Council cancel all existing loans of the Park and Recreation Commission fund owed to the General Fund at the end of the fiscal year 1961. Motion carried. 24. Communication from Quintana PTA requesting that the City Council investigate the possibility of installing a guard rail between Quintana School and Highland Avenue. Councilman Smith reported that the Council Committee and the PTA Committee had again looked into the mtter at Highland Avenue and decided until all improvements have been made at Quintana School that no guard rail be placed but that the City Traffic Committee be instructed to periodically look into the safety on Highland Drive. 25. Report of Council Committee consisting of Councilmen Shipsey and Jones investigating the organization of the City Fire Department, was ordered held over.' 26. Report of Council Committee consisting of Councilmen Jones and-Miller on sewer rental service fees, etc. was ordered held over. 27. A) Communication from John Badgley on behalf of the Methodist Church, requesting abandonment of that portion of Turner Street south from Fredericks Street and north of the Freeway so the church may proceed with site development, etc. was ordered taken from the agenda. B) Communication from Mount Carmel Lutheran Church requesting that the City Council not abandon Turner Street from Fredericks to the Freeway, as their development plan for their church requires that this street be left open for future development, was ordered taken from the agenda. 28. The following letter was read from City Engineer Romero: "A Number of years ago developers in the Escuela Alta- Miramonte area were permitted to construct rolled concrete curbs. Experience has shown these curbs to be unsatisfactory since the excessive bump at driveways often throws wheels-out of alignment. To ease this problem approximately 30 property owners have filled in the gutter at their driveways with plant mix or concrete. Although this solves the driveway problem, it blocks drainage (often leaving a mud deposit in front of a neighboring residence), the obstruction creates a traffic hazard for parking dars, and the obstruction makes it impossible to do an acceptable job of .street sweeping. Since these driveway approaches do not conform to standards adopted by the Council, obstructions should be removed and a standard driveway constructed at each residence. However, these obstructions have brought complaints from only a small percentage of the people in that area, therefore I request a policy determination by the Council prior to taking any action." City Engineer Romero recommerd ed upon question of the City Council, that the plant mix be removed from the gutters at City expense, and that standard concrete driveway ramps be installed at the property owners' expense. After discussion by the City Council, it was moved by J. Barry Smith, seconded by Donald Q. Miller, that a•Council Committee be appointed to study this matter and report to the Council. Councilmen Miller and Shipsey were appointed to study this matter and report to the City Council. Motion carried. 29. Bulletin from League of California Cities regarding designations on City Election Ballots(partisan local elections). Administrative Officer Miller explained to the Council the League's view on the placement of party designations on City election ballots. The League feels that one of the principal reasons for good City government in California has been the non - partisan nature of local government. The League feels that national political parties should not exercise control over or attempt to influence local councilmonic elections. The bulletin,-.was received and filed. 30. Legislative bulletin from League of- California Cities was received and filed. L 1 1 10:00 P.M. Councilman Smith left the meeting. 31. For Council information, claim for personal:'-injuries from Lugarda A. Logan, and a sewer stoppage claim from.Leonard 0. Larson, were received and filed, and referred to the.insurance carrier. 32. Communication from the Division of Highways, notifying the City Council of the amount of State allocated gas tax funds available for budgeting for the fiscal year ending June 30, 1962. ($55,373.05 for construction plus $24,212 for maintenance and.$5,000 for engineering), was received and filed. 33. Communication from San Luis Obispo County Farm Bureau forwarding a copy of a resolution relative to an increase in gas taxes or in lieu taxes for additional funds for street and highway construction for cities and counties, was received and filed. 34. Communication from California-Disaster Office notifying the City Council that April 26 to April 30, 1961 will be the period for conducting .National Civil. Defense.exercises, was received and filed. 35. The following communications were.received and filed in.the matter of the Pacific Southwest Local Service Case before the Civil Aeronautics Board: a. Exceptions of West.Coast.Air Lines to the initial decision of examiner Cusik. b. Exceptions of the City and Chamber of Commerce of Salinas to the initial decision of examiner Cusik. . c. Exceptions of Continental Air Lines Inc. to the initial decision of examiner Cusik. d. Schedule of hearings to exceptions of the initial decision of examiner Cusik.on the above. 36. Minutes of the City Planning Commission meeting of March 7, 1961 were received and filed. 37. Communication from Southern California Regional Association of County Supervisors, regarding use of State Highway construction funds, and requesting revision of the Mayo -Breed formula for split of gas tax revenue between the north and the south, was received and filed. 38. Notice of hearing on the application of Pacific Air Lanes for increase in freight rates and charges and passenger fares, was received and filed. 39. Communication from Joseph C. Hampl, sending his appreciation to.the. water department, building department, and street department. Mayor Waters requested that.a letter be prepared for his signature thanking Mr. Hampl for his compliments about City.employees, as it is very seldom that•the City Council hears of something nice being done by an employee. 40. Minutes of the Wild Life Conservation meeting of February 14, 1961, item 11, Santa Margarita Lake Public Fishing Area, was received and filed. 41. Communication from Noel Maddalena requesting that the City Council allow him to remain in his present location until June 15, 1961 as the Maino Construction Company at that time will have a:-new building built for his tire shop and requiring him to move prior to completion will make a tremenduous hardship on him. Also, he realizes the City.plans on demolition of the buildings for the parking lot early in May, but that he has,been waiting for notice of completion of condemnation to move. On motion of Kenneth W.Jones, seconded by Donald Q. Miller, the request was approved to June 15, 1961. 42.- Communication from the City of Detroit, asking the City Council if possible to begin replacing motor vehicles in order to help the economy of netrni_f, qrA ti+n ilni.tad gtatems was record and fi, ad. 43. City Clerk Fitzpatrick presented to the City Council a certificate stating that the petition for the Freeway Addition to be annexed to the City of San Luis Obispo had qualified with more than 25% of the registered voters approving said annexation. RESOLUTION NO. 762.(1961 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," was passed and adopted on motion of Gerald W. Shipsey, seconded. by Donald Q. Miller,'on the following roll call vote: AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, Fred M. Waters. ' NOES: None ABSENT: J. Barry Smith'. 44. The following memo from Administrative Officer Miller was received and filed: "At Councilman Donald Q. Miller's request and because of certain alleged. complaints in regard to the tentative proceedings being set up for the Yoakum Tract assessment district, I recently placed a phone call to Harold Blake, who is a member of the firm which has been representing the City during the past several years in assessment district proceedings. According to Mr. Blake, we have been proceeding under the Municipal Improvement Act of 1913, Division 12, Secs. 10,000 et.seq. of the Streets and Highways Code - to set up the districts. The banding proceedings have been under the Improvement Bond Act.of 1915, Div. 10, secs.8500 et.seq. of the Streets and Highways.Code. According to Mr. Blake, the 1915 Act does not now nor has it ever provided that other property owners in the district must make up for default by any other owner in the district. There is a provision for a City -wide tax to make up deficits in the bond interest and redemption fund. Mr. Blake indicated he would be happy to write a reply to any questions ' raised by property owners within the district. It might be advisable, however, to clear these requests for information through the City. Attorney." 45. Mr. Herbert Metras appeared before the City Council stating that he had followed the Council's suggestion and -had appeared before the Park and Recreation Commission requesting the use of a portion of City parks to operate gasoline driven model airplanes and cars, but that the Park and Recreation Commission would..not allow this-'use on City property. Mr. Metras asked would it be possible for the City Council to purchase property at the County airport to be used for operating gasoline driven airplanes and car models, and for the installation of a go -kart track as no one could object to the noise at the airport. City Attorney Houser was requested by the Council to contact the County and see if there was any land available for this use. 46. Mr. Fred Gist appeared before the City Council and asked what had been done by the City Council regarding the request of the Mission Plaza Committee earlier in the evening and also would the additional cost of realignment of Monterey Street be spread over the present property owners in the district. 1 The City Council answered that they would proceed with the present plan for realignment and the parking district and at the same time study the proposal of the Mission Garden Association. Mr. Gist urged that the Council begin proceedings to acquire the Fredericks property-at Monterey and Chorro Street as both the parking district and Mission Garden Association agreed on the realignment.of Monterey Street.