HomeMy WebLinkAbout10/03/1961CITY COUNCIL MEETING
October 3, 1961 - -- 7:30 P. M.
SUPERVISORS CHAMBERS - Court House
Invocation was given by Mayor Clay P. Davidson.
ROLL CALL: Present - Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q.
Miller, Gerald W. Shipsey, Clay P. Davidson
CITY STAFF PRESENT - Park & Recreation Superintendent Flory, City Attorney
Houser, Administrative Officer Miller, City Engineer
Romero, Police Chief Schofield, Battalion Chief Jones,
City Clerk Fitzpatrick.
On motion of Councilman Miller, seconded by Councilman Graves, the minutes of
the regular meeting of Sept 25, 1961, and the adjourned meetings of September 14,
and 18, 1961, were approved.
Claims against the City for the month of October, 1961, were approved subject
to approval by the Administrative Officer.
1. R. D. Miller, Administrative Officer announced the appointment of Frederic
W. Goodman as Police Officer effective October 1, 1961, at-$402.00 per
month.
2. On motion of Councilman Graves, seconded by Councilman Miller, following
contract payment was approved including change order No. 1:
General Engineering Parking Lot No. 6 Estimate No. 2 $69814.33.
& Construction Co.
Mayor Davidson reported to the City Council that a citizen had suggested
that the City install a drinking fountain in Parking Lot No. 6, for public
' use, for there is presently no drinking fountain available in the down-
town area.
Mr. Romero, City Engineer presented plans and specifications for construc-
tion of a drinking fountain and estimated that it would cost $250.00 per
fountain. He suggested that two be installed, one at each end of the lot.
The City Council discussed the proposal of placing drinking fountains in
Parking Lot No. 6, and discussed.the sketch as proposed by-Mr. Romero.
Mayor Davidson asked if these were approved by the City Council, how would
they be paid for? Mr. Miller, Administrative Officer answered that this
would be a charge against the parking district and would come out of the
bond money.
On motion of Councilman Graves, seconded by Councilwoman-McNeil, the City
was authorized to proceed with the necessary plans to install two drinking
fountains, one at each end of Parking Lot No. 6.
3. City Clerk reported on the following bids received for reconstruction
and widening of Madonna Road:
Contractor Amount of Bid
General Engineering -& Construction Co. $ 12,976.60
San Luis Obispo, Calif.
' Ted Watkins 9,793.20
San Luis Obispo, Calif.
Madonna Construction Co. 102816.40
San Luis Obispo, Calif.
A. J. Diani 10,480.00
Santa Maria, Calif."
Valley Paving & Construction Co. 91642.74
Pismo Beach, Calif.
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Mr. Romero, City Engineer, recommended that the low bid of Valley Paving
and Construction Company be accepted. On motion of Councilman Shipsey,
seconded by Councilman Graves, the low bid of Valley Paving & Construc-
tion Company was accepted and awarded.
4. At this time the City Council considered the final adoption of:
ORDINANCE N0. 203 (1961 Series) "An ordinance amending the land use zoning
and fire zoning maps of the City of San Luis Obispo on certain property
between Hight Street and.Laurel Lane on the easterly side of the Southern
Pacific Right -of- Way."
Mayor Davidson declared the public hearing open. Mayor Davidson declared
the public hearing closed. Councilman Shipsey declared his interest in
a portion of this property being considered for rezoning and stated that
he would abstain from voting on this matter.
On motion of Councilman Graves, seconded by Councilwoman McNeil, that the
ordinance be finally passed. Councilman Miller presented his reasons for
objecting to the proposed rezoning as he believed that all land adjacent
to the railroad should be zoned for manufacturing and industrial use, and
not for residential purposes, as he did not believe people wished to live
adjacent to the railroad yards. Ordinance finally passed on the following
roll call vote:
AYES: Miss Margaret McNeil, R. L. Graves, Jr., Clay P. Davidson
NOES: Donald Q. Miller
ABSTAIN: Gerald W. Shipsey
5. Proposal from George Pearson to do Civil Engineering for the Yoakum Tract
Special Assessment district including the assessment spread, etc., was
accepted on motion of Councilman Miller, seconded by Councilman Graves,
-motion carried.
Mr. Miller, Administrative Officer requested that the City Council pass
a resolution for the Council's consideration authorizing a transfer of
funds to -the Yoakum Special Assessment District in order to pay for the
engineering. On motion-of Councilman Shipsey, seconded by Councilman
Graves, the following resolution was passed and adopted on.the following
roll call vote:
RESOLUTION NO. 849 (1961 Series)' "A Resolution creating a revolving fund
for the Yoakum Assessment District and increasing the 1961 -62 Budget."
AYES: Miss Margaret McNeil, R
Gerald W. Shipsey, Clay
NOES: None
ABSENT: None
L. Graves, Jr., Donald Q. Miller
P. Davidson
6. Proposal from Kirkbride, Wilson, Harzfeld & Wallace for legal services
for the special assessment district in the Yoakum Area. City Attorney,
William Houser, recommended that-the proposal be accepted. On motion
of Councilman Shipsey, seconded by Councilman Graves, the proposal was
accepted.
6. Traffic Committee Report of September 18, 1961:
61 -9 -1C "The Traffic Committee has given some thought to the Pismo Street- -
Osos Street intersection and feels that it would like to study this matter
further after traffic counts have been made. We have no recommendations
for changes at the present time."
No Action.
61 -9 -2T "At the request of Mayor Davidson, the Traffic Committee has
studied-the parking meter zone on both sides of Pacific Street from Morro
to Garden. One suggestion was to set these meters for four or eight hour
parking so as to accommodate employees working in the downtown area. After
considerable discussion, the Traffic Committee recommends that the meters
stay as is, inasmuch as the Christmas rush is coming up. We feel that the
long -range decision will probably also be to keep the two hour time element
because-of the expansion of the-downtown business district and the continuing
need for fast turnover customer parking."
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Mayor Davidson urged that the Traffic Committee reconsider and make this
area -into an all day parking lot using 8 -hour meters so employees can
park while working in the downtown area. Councilman Shipsey stated that
the Traffic Committee's recommendations should not-be accepted at this
time, or at -least until after the Christmas Holidays, and then Iook.into
the matter again. Mr. Miller, Administrative Officer stated that the
major thought behind the placement of meters in this area was to help
shoppers find parking spaces while shopping. - Mavor Davidson stated
that his point was not being understood as he was recommending if Pacific
Street -was made into an all day parking lot, then the businessmen and
their employees would not feed - parking: meters in front of their places
of business, thereby vacating more parking spaces in the downtown area
for shoppers. Councilman Miller stated that the City Council's first
consideration was to the shopper and not to the business people who
-took up parking meters in the downtown area, which-could be controlled
by the police department.
The City Council discussed the recommendation of the Traffic Committee
and the proposal to change this recommendation, but it was the common
consent of the Council that this recommendation be adopted'
61 -9 -3T "In connection with Pismo - Street; the Traffic Committee has
given some thought to the proposal of making Pismo and Buchon Streets
one -way streets, but,before•we get =into a more comprehensive study, we
wished to mention-it to the Council. If there is no objection on the
part of the Council we would like to publish the fact that we will be
making a study and solicit comments on the proposal, both pro and con,
from the citizenry."
Council discussed Traffic Committee recommendations and also discussed
the City's prior attempt to make these streets a one -way couplet. The.
staff explained-prior studies made regarding the attempt by the City to
make Pismo and Buchon one -way streets. Mayor Davidson asked when the
last traffic counts were taken on the corner of Pismo and Osos Streets
and Pismo and Broad Streets--for possible installation of automatic signal
lights.
Mr. Romero, City Engineer stated the last Traffic Counts were taken about
two years ago and he did not believe that traffic warranted a signal at
this time.
61-9-4C "The Traffic Committee has studied the request of the French
Clinic for several car loading zones in the vicinity of the hospital and
clinic and feels that green 12- minute parking zones would be more appro-
priate than loading zones, since the driver of the vehicle would then
be able to leave the car and escort a patient or injured person into the
building. It is our recommendation that a green zone two -car spaces in
length be placed in front of the main steps leading to the hospital on
Marsh Street and that a one -car space green zone be placed on Toro Street
south of the driveway which is located alongside the clinic. We feel that
these zones are needed to take care of emergency conditions.
On motion of Councilman Shipsey, seconded by Mayor Davidson, the following
resolution was passed and adopted:
RESOLUTION NO. 850 (1961 Series) "A Resolution establishing 12- minute
parking zones on Marsh Street and Toro Street."
AYES: Miss Margaret McNeil, R.
Donald Q. Miller, Gerald
NOES: None
ABSENT: None
L. Graves, Jr., Clay P. Davidson,
W. Shipsey
61 -9 -5T "The Traffic Committee has noted an obstruction to visibility
on the corner of Johnson and Higuera Streets in the form of a high hedge
which is located within the City right -of -way. If the Council has no
objection, the City Engineer will take steps to have this hedge removed."
61 -9 -6T "For some time the Engineering Department has observed a hinder -
ance to-traffic flow on Johnson for traffic heading north -bound and enter-
ing the Monterey Street Intersection. The Traffic Committee has studied
this problem and feels that a red zone on the east side of Johnson, south
of the Monterey Intersection and extending sixty feet in length would
allow a right -hand turning lane and eliminate much of this congestion."
On motion of Councilman Graves, seconded by Councilman Shipsey, the
following.resolution was passed and adopted:
RESOLUTION NO. 851 (1961 Series) "A Resolution establishing a no- parking
zone on Johnson Avenue, sout of Monterey Street."
AYES: Miss Margaret: McNeil, R. L. Graves, Jr., Donald Q. Miller,
Gerald W. Shipsey, Clay P. Davidson
NONE: None
ABSENT: None
61 -9 -7T-"The Traffic Committee has had a request for a "Not a Thru Street"
sign on Al -Hill at its intersection with Daly Street. If the Council
has no objections, the Public Works Department will have such a sign
installed. ".
No objection:by the Council.
9. Communication from:Les Anderson- notifying the City Council that he
wishes to lease the City Corporation Yard on Santa Barbara Avenue
for five years at $100.00 per month. Mr. Miller, Administrative
Officer suggested that when the City advertises Mr. Anderson's re-
quest, it also advertise the yard for sale for $12,000.00. Then,
if the property is not sold,:put it up for:lease for $100.00 per
month. On motion of Councilman Graves, seconded by.Councilman Miller
the recommendation of the Administrative Officer was accepted.
10. Communication from the Division of Highways requesting cancellation of
City Taxes on property:acquired for highway purposes:
L. -Josephine Escobedo
Parcel # 44U1 -12
2. Paul E. Merrick
Parcel # 47691 -04
Mr. Houser, Citv Attorney explained the provisions of this.request and
on motion of Councilman Graves, seconded by Councilman Miller request
was granted and taxes ordered cancelled. -
11. Communication from the Park.and Recreation Commission requesting Council
authorization that the Park and Recreation;Commission have jurisdiction
of the City School Administration Office in Mitchell Park upon release
to-the City. :Mr. Miller, Administrative Officer; stated that the school
board intended to keep control of the building on a lease basis-with the
Citv for at least one more year,:to be used as part of the.elementary
district.administration.
Mr. Houser, Citv Attorney stated that the City has still not cleaned up
the title transfer on the transfer of property between the school board
and the City, as there are some easements which must be cleaned up on
the Laguna Property and as soon as these items were cleaned up that the
property transfer would be made. Mr. Houser further stated that the
agreement with the school board.states that the school district can.rent
the place for one year at $60.00 per year, but after one year the rental
would be.on a more realistic basis.. After discussion by the City Council
it was moved by Councilman Graves, and seconded.by Councilwoman McNeil,
that the request of the Park and Recreation Commission be approved sub-
ject to the availability of the building to the City.
Mr. A. H. Brazil;:-Attorney, appeared before the City Council on- behalf
of his client Mr. H. Dalessi regarding structural safety of the Obispo
Theater building on Monterey Street, and whether.the entire wall-should
be repaired, or only that portion. *_hat is unsafe. Mr. Brazil also stated
there was some question as to the responsibility and liability of the City
in taking down the adjoining building which used a common wall with the
theater building. He stated.that if the City would allow Mr. Dalessi to
repair the front 46 ft. that should.be repaired, and not require a strength-
ening of the 60 ft. (more or less) of wall which is not unsafe, then his
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client would agree to assume the liability for all time onthis wall.
Mr. Brazil urged that a committee be formed to meet with the property
owners so as to come up with a reconsideration on this matter. Mr.
Brazil stated upon questioning by Mayor Davidson that Hans Mager did
not prepare a written report on.the recommendations that had been pre-
sented of only repairing on the front 46 ft. of the building.
Mr. Houser, City Attorney, suggested that the City representatives should
meet with Mr. Mager and the City Building Inspector to determine if the
proposal presented was feasible. Mr. Houser,'also agreed with Mr. Brazil
that a committee be formed to meet with the property owner and the pro-
perty owner's engineer to satisfy themselves that the proposed repairs
to be made are safe and meet all code provisions of the City. Mr. Brazil
again urged the City Council to consider making whatever repairs are
absolutely necessary, but because of the expense involved he thought a
compromise could be reached which would be fair for the city and the
property owner.
Mavor Davidson stated if the property owner would present an engineer-
ing report that the proposed repairs are safe and adequate, he was sure
the City Council would give it every consideration.
12. Communication from PG&E for the Installation Agreement covering electric
service for the water pump installation at 605 Serrano Drive. The Water
Superintendent was authorized to sign the agreement with PG&E. -Mr. Romero
City Engineer requested guidance from the City Council and asked if they
wished this type of agreement to come before them for approval as there
are many service installations in the City that are authorized by the
department heads concerned for minor installations.
Mr. Houser, City Attorney stated that if the service calls have a rate
which is published by the Public Utilities Commission, then there is no
problem in a department head signing for the service; but if the request
involves a new or additional service, then the City Council should be
made aware of the matter so that budgetary consideration can be made.
13. Communication from the City of La Mirada urging the City Council adopt
a resolution urging all citizens and governmental agencies to encourage
the installation and erection of fall -out shelters, and also urge that
the Internal Revenue Service, County Assessors and the State Board of
Eaualization establish such practices as will grant a tax benefit to
those persons erecting shelters on their property. Mavor Davidson
proposed that a special meeting of the San Luis Obispo disaster coun-
cil be called to discuss organization and other matters in the City's
Disaster Plan. He suggested that Tuesday, October 17, 1961, at 7:30
P. M. be the time for the meeting.
Administrative Officer Miller suggested that the City Council might
wish to hold off on this meeting regarding Civil Defense Organization
until after they have had an opportunity to attend the League of Cali-
fornia Cities Conference in San Francisco later this month, as the
league will devote one entire general session to Civil Defense matters
and the City Council might wish to hear these matters before holding
their own meeting. Mayor Davidson thought that the City Council should
meet first, so they might become familiar with the City's previous plans
and thinking.
14. For the Council's consideration a covenant from James P. Jones agreeing
to install curb, gutter, and sidewalk at the owner's expense when
Sydney Street is improved in front of Lot 11, Block 5, of the Goldtree
Vineyard Tract.
This covenent was recommended by the City Planning Commission. Mr. Romero,
City Engineer presented a sketch -map explaining the proposal as approved
by the Planning Commission. . The City Council discussed the recommendation
of the Planning Commission regarding.the acceptance of the covenant from
James P. Jones to the exception for installation of curb, gutter and side-
walk until the time the streets are improved. On motion of Mayor Davidson
seconded by Councilman Graves'that this matter be referred to the Plan-
ning Commission for study with the City Council. Motion-failed on the
following roll call vote:
AYES: R. L. Graves, Jr., Clay P. Davidson
NOES: Margaret M. McNeil, Gerald W. Shipsey, Donald Q. Miller
ABSENT: None
On motion of Councilman Miller, seconded by Councilman Shipsey, the..
covenant was accepted and the Mayor was authorized to record same on
behalf of the City. Motion passed on the following roll call vote:
AYES: Margaret M. McNeil, Gerald W. Shipsey, Donald Q. Miller
NOES: Clay P. Davidson, 'R. L. Graves, Jr.
ABSENT: None
15. Communication from Mrs. Hollis King requesting that the City have at
least.two clean up weeks per year, one in the spring, and one in the
fall. Mr. Houser, City Attornev explained that the present franchise
with the San Luis Obispo Garbage Company calls for one clean up week
a year and if the City would like to have two, or more each year, it
would be necessary to amend the franchise and the City would then be
required to negotiate with the garbage company for the additional
expense.
Administrative Officer Miller and Citv Attorney Houser were requested
to meet with representatives of the garbage company and negotiate for
an extra pickup and on a new proposal presented.by the garbage company
for monthly pickups of garden clippings for a fixed fee to persons
wishing this service.
16. Mayor Davidson advised the Council that he has received many complaints
from citizens regarding the keeping of animals such as horses and cows
in residential areas as they are a nuisance due to the flies and odor
problem which accompany these animals in small areas. The Mayor
stated that under the present ordinance animals are allowed in any
district with certain restrictions as to size of lot, etc., but have
become quite annoying to adjoining property owners. He suggested
as the City grows and land becomes more of a premium, an ordinance
should be adopted to set up zones in the high- density areas which
would not permit livestock, but that in undeveloped areas livestock
would be permitted under controls, and the Mayor suggested that this
matter be referred to the Planning Commission for preparation of the
necessary ordinances.
17. Communication from the County Clerk requesting that representatives
be appointed to meet with the County Director of Public Works to
determine standard policies relating to annexation of territories to
cities.
Mayor Davidson appointed City Engineer David F. Romero to meet with
the Boundary Commission as requested.
18. Communication from the Antique Automobile Club of America requesting
permission to close off and use for display of cars a portion of Palm
Street next to the Veterans Building for. all day Saturday, October 21,
1961. Request granted on motion of Councilman Shipsey, seconded by
Councilman Graves.
19. Communication from the Southern Pacific Company stating plans are
being completed for reconstruction of the Mill Street overgrade
structure above the railroad, and in the meantime, they would make..
temporary repairs to the deck planking in order.to alleviate complaints.
20. Verified claim against the City by Robert L. West and Mabel A. West
for personal damages and injuries to Mabel A. West was referred to
the City's insurance carrier.
21. Order of the Board of Supervisors setting'a public hearing in the
matter of adoption of that portion of the San Luis Obispo City
General Plan described within the boundaries of 101 Freeway, Prado
Road and a line parallel to and 500 ft. east of old Highway 101.
Hearing to be held Monday, October 16, 1961, at 2:00 P. M. Received
and filed.
22. Bulletin from the League of California Cities regarding the Brown Act
Public *teeting Law with 1961 amendments ordered received and filed.
23. Notice from the League of California Cities of the proposed amendment
to the league's constitution and bylaws increasing league dues. Ordered
received and filed.
24. Bulletin from the California Highway Patrol regarding authorized adoption
of warning lights on emergency vehicles was referred to the Police Depart-
ment .
' 25. Communication from the Mission Central Catholic High School requesting
permission to hold its annual Homecoming Parade on Saturday, October 7,
1961, was approved and granted on motion of Mayor Davidson,seconded by
Councilman Shipsey, and referred to the Police Department for action.
26. Communication from Knutson -Helms Company requesting the City Council
accept the offsite improvements in Ann Arbor Estates Subdivision,
Tract No. 203. The matter was postponed to the next Council Meeting
per Council policy for final inspection report by Mr. Romero.
27. Councilman Graves requested that the City Council authorize Mr. Abraham,
Director of Planning and Building to notify the State Division of Housing
that the City Council would like to defer the assumption of responsibility
for enforcement of the recently enacted State Mobile Home and Park Act
until after City representatives attend the League of California Cities
Conference in order to see how other Cities are handling this program.
28. Communication from the Chamber of Commerce requesting permission to hold
a street parade down Higuera Street on October 12, 1961, at 7:00 P. M.
The parade will include vehicles from the Fire Department and new car
dealers will also participate, preceded by the San Luis Obispo High
School Band.
The Citv Council discussed the matter of holding parades and rallies on
Thursday evenings when the stores are open as there is already plenty of
confusion without adding these additional problems. On motion of Council-
man Graves, seconded by Councilman Shipsey the Mayor was authorized to
write a letter to the Chamber of Commerce asking that they avoid holding
demonstrations on Thursday evenings. The Mayor would request them to
reshedule their auto parade to another evening if possible.
29. Mayor Davidson reported on a meeting he attended at Santa Maria as a
guest of the Mayor of that City. The meeting was the Congress of
Mayors consisting of all the Mayors and Managers of the cities in
Santa Barbara County. The host City paid the required expenses. The
Mayor explained the purpose of the organization is to discuss mutual
problems, to study legislation, for public relations with county and
other agencies. Mayor Davidson stated he thought this was a good
program and asked the City Council to allow him to contact all the
cities in San Luis Obispo County to enlist their support for the
formation of such an organization in this county.
If such an organization would be formed they would combine forces with
the Santa Barbara group in order to have a more concentrated approach
to mutual problems. The Mayor added that it "would entail expense for
the City as each City would hold a dinner meeting at least once a year.
On motion of Councilman Graves, seconded by Councilwoman NsNeil,_the
Mayor was authorized to establish such an organization within the
County of San Luis Obispo.
30. Mr. Schofield, Police Chief, announced to the City Council that Mr. C.
Lincicum had been appointed Chief of Police of Tulare, California, and
soon would be leaving San Luis Obispo. On motion of Mayor Davidson,
seconded by Councilman Graves, the meeting adjourned at 10:35 P. M.
to 7:30 A. M. at the Anderson Hotel, October 4, 1961.
Approved this 30th day of October, 1961
ity Clerk