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HomeMy WebLinkAbout04/06/19591 C:J Q Q° 1 APR 6 19bU COUNCIL MEETING April 6, 1959 - 7:30 P. M. The City Council met in regular session with Mayor Fred H. Lucksinger presiding. Iavocatiom: Reverend Knoll, Presbyterian Church Roll Call: Present - Nels Beck, Kenneth W. Jones, Richard G. Sleight, Fred H. Lucksinger Absent - J. Barry Smith Minutes for the meeting of March 9, 1959 and March 16, 1959 were approved as read. Claims against the City for the month of April, 1959 were approved an motion of Kenneth W. Jones, seconded by Richard G. Sleight, subject to the approval of the Administrative Officer. • City Clerk reported on bids received and opened for Water System Improvements, Proiect_W -57 -1, Terrace Hill Tank: Total Alternate Total all Bidder all items items less bid item 16 Valley•Engineers Fresno, California $ 119,273.00 $ 729923.00 L. E. Webb Construction Company Santa Maria, California 115,926.36 77,071.36 W. M. Lyles Company Avenal, California 121,197.10 78,397.10 McBrides Mechanical Contractor San`Luis Obispo, California 179,906.70 139,626.70 Mr. Miller, Administrative Officer, recommended that the low bid of L. E. Webb Construction Company be accepted (for the total project). On motion of Richard G. Sleight, seconded by Kenneth W. Jones, the bid was awarded to the L. E. Webb Construction Company. City Clerk reported on bids received and opened for Sanitary Sewers on Higuera St: Bidder Total W. M. Lyles Company Aveul, California $.31;898.16 L. E. Webb Construction Co. Santa Maria, California 36,720.72 Bob Bosnyak Los Angeles, California 29,524.20 Mr. Miller, Administrative Officer, recommended the low bid of Bob Bosnyak be accepted. On motion of Kenneth W. Jones, seconded by Nels Beck, the bid was awarded to Mr. Bosnyak for his bid of $29,524.20. Richard D. Miller, Administrative Officer, reported to the Council that the popula- tion estimate by the State Department of Finance, effective March 1, 1959 was 19,000. Said population figure will be used for allocation of state subventions. Population estimate was filed. APR 6 MU RESOLUTION NO. 529 (1959 Series), "A Resolution Increasing tie 1958 -59 Budget (various) was introduced and passed on motion of Richard G. Sleight, seconded by Nels Beck on the following roll call vote: AYES: Nels Beck, Kenneth W. Jones, Richard G. Sleight, Fred H. Lucksinger NOES: None ABSENT: J. Barry Smith. RESOLUTION NO. 530 (1959 Series), "A Resolution Increasing the 1958 -59 Budget" (Deeter Inspection Fees #2) was introduced and passed on motion of Kenneth W. Jones, seconded by Nels Beck on the following roll call vote: ' AYES: Nels Beck, Kenneth W. Jones, Richard G. Sleight, Fred H..Lucksinger NOES: None ABSENT: J.'Barry Smith Sewage Disposal Agreement between Cal Poly and the City of San Luis Obispo was pre- sented for the Council's consideration and Mr. Houser, City Attorney, requested that this matter be held over. RESOLUTION NO. 528 (1959 Series), "A Resolution Authorizing Execution of Agreement to H. N. and Ruth D. Cookson" (Lot 6 & 7, Blk 100, Mission Vineyard Tract) was introduced and passed on motion of Richard G. Sleight, seconded by Nels Beck on the following roll call vote: AYES: Nels Beck, Kenneth W. Jones, Richard G. Sleight, Fred H. Lucksinger, NOES: None ABSENT: J. Barry Smith COMMUNICATIONS 1. Communication from the Governor of the State of California regarding appointment of a representative by the City to the Governor's Advisory Committee on' I Children and Youth was referred to Councilman Jones and Beck for study and recommendation to the City Council. 2. Communication from State Senator Erhart, notifying the City that he is supporting legislation regarding the naming of E1 Camino Real and installation of appro- priate:markers was received and filed. 3. Communication from the Chamber of Commerce and Bob Johnson, Secretary of the San Luis Obispo County Motor Car Dealers Association requesting permission to hold an automobile show on Higuera-;Street on Thursday, April 30,.1959. Request was approved to hoid'the show from 4 pm to 9 pm. Chamber of'Commerce was to co- ordinate with the Police and Fire Chiefs. Request approved on motion of Ken- neth W. Jones, seconded by Richard G. Sleight. 4. Communication from Foster and Kleiser Company notifying the City that reflector and reflector arms and lighting will be installed on the poster panel in Mission Gardens in the near future, was received and filed. 5. Communication from the Elks Club giving additional details on the Youth in Govern meat Day to be held on May 4, 1959 was filed. 6. Communication from the J. C. Penney Company, requesting permission to use a pop- corn vending machine in front of their store on Higuera Street in conjunction with their 57th Anniversary. Request Denied. 8:00 PM - PUBLIC HEARING , 1. Mayor Lucksinger opened the hearing on Ordinance No. 107 (1959 Series), "An Ordinance Abandoning a Portion of Park Street Subject to a Sewer and Water Easement." As there were no protests, Ordinance No. 107 was finally passed on motion of Kenneth W. Jones, seconded by Nels Beck on the following roll call vote: 1 1 1 APRs 1959 AYES: Nels Beck'', Kenneth W. Jones, Richard G. Sleight, Fred H. Lucksinger NOES: None ABSENT: J. Barry Smith 2. Mayor Lucksinger opened the hearing on Ordinance No. 108 (1959 Series), "An Ordinance Amending Section 9200.5 of-the San Luis Obispo Municipal Code to Rezone Certain Real Property." (Ramona Terrace) As there were no protests, Ordinance No. 108 was finally passed on motion of Richard G. Sleight, seconded by Kenneth W. Jones on the following roll call vote: AYES: Nels Beck, Kenneth W. Jones, Richard G. Sleight, Fred H. Lucksinger NOES: None Absent: J. Barry Smith 3. Mayor Lucksinger opened the hearing on Ordinance No. 109 (1959 Series), "An Ordinance Amending Section 9200.5 of the San Luis Obispo Municipal Code to Rezone Certain Real Property." (Fixlini Street) As there were no protests, Ordinance No. 109 was finally passed on motion of Kenneth W. Jones, seconded by Nels Beck on the following roil call vote:. AYES: Nels Beck, Kenneth W. Jones, Richard G. Sleight, Fred H. Lucksinger NOES: None ABSENT: J. Barry Smith 4. Mayor Lucksinger opened the hearing on Ordinance No. 110 (1959 Series), "An Ordinance of Intention to Abandon a Portion of Munoz Street." As there were no protests, Ordinance No. 110 was finally passed an motion of Richard G.:Sleight, seconded by Kenneth W. Jones on the following roll call vote: AYES: Nels Beck, Kehneth W. Jones, Richard G. Sleight, Fred H. Lucksinger NOES: None ABSENT.: J. Barry Smith PUBLIC AUCTION At this time the City Council held an auction as advertised, for sale of surplus City Equipment. The equipment was sold as follows: Item 1 - Item 2 - Item 3 - Item 3a- Item4 - Item 5 - Item 6 - Item 7 - Item 8 - Item '9 - Item 10 Item lI Item 12 Item 13 Item 14 Item 15 Item 16 Mr. Gaustad, $50 San Luis Obispo County, Joes Place, $27 Joes Place, $3 Joes Place, $10 Joes Place $2 . Joes Place $ .50 Joes Place, 50C Joes Place, $1.25 Joes Place $2.00 Joes Place $1.25 Dr•:�Siagleton, 35C Not sold Joes Place, 25C Mrs. Miller, 50C. Joes Place 20C Joes Place 75C Item 17 - Not sold - $125 Item 18 - Not sold Item 19 - A. J. Johnson, $1.00 Item 20 - Joes Place, 351,% Item 21 - Joes Place, 50C Item 22 - Mr. Dodge, 11C Item 23 - Joes Place, 25� Item 24 - Not sold Item 25 - Joes Place, $3:00 Item 26 - Joes Place, 15C Item 27 - Joes Place, 50C Item 28 - Dr. Singlton, $4.00 Item 29 - Not Sold. Item 30 - Not Sold Item 31 - Joes Place, $1.25 7. Communication from the San Luis Obispo Sportsmen's Association, requesting that no City land in the Laguna Lake area be sold until a comprehensive study and master plan has been developed for recreational use, was held over for public hearing on Monday, April 13, 1959 at 8:30 pm. APR 6 - 1959 8. Communication from Albert Krystal commending the San .Luis Obispo Police Depart- ment for their courtesy and efficiency in the handling of an automobile accident in which he was involved was received and filed. 9. Communication from E. L. McOuary requesting abandonment of a portion of Venable Street adjacent to their property between Broad and Almond was referred to the Planning Commission for recommendation. 10. Communication from the Junior High P. T. A. requesting the Council take action to correct the hazardous traffic condition at the Johnson Street intersection near the underpass was referred to the Traffic.Committee. 11. Mr. Ben Franklin, representing the Sinsheimer P.T.A. Park Committee presented for the Council's information, a master plan for the proposed park which was worked out with the P.T.A. Park Committee and the City Park and Recrea- tion Commission. Mr. L. Sherwin, representing the City Park and Recreation Commission estimated that the first phase of this park would cost between $20,000 and $25,000, not including labor, as the P.T.A. would furnish the labor and the City would fur- nish material and supervision.. Mr. Sherwin explained the development as shown on the master plan, and as approved by the Park and Recreation Commission. Mayor.Lucksinger explained the City-'-s past policy on park development, and also the high cost of park development which is one of the reasons that the Council was considering the sale of a portion of city owned property at Laguna Lake in order that a start towards developing the Sinsheimer park can be made. Development plans for the Laguna Lake area could also be made. Mayor Lucksinger then explained the procedure the City would take if any of the Laguna Lake area was put up for sale. Mr. Gene Needham, State fish and Game Warden appeared before the City Council vehemently protesting the sale of any property in the Laguna area, as the whole area must be developed so as to have a comprehensive plan. Further, he stated the only reason the Warm Water Fishery'has not developed as planned is that the apprAised value and the actual asking prices by the property owners are too far out of line. A public hearing was set for April 13, 1959 at 8:30 pm regarding the proposal to sell a portion of the property in the Laguna area. 12. Communication from the City Planning Commission recommending rezoning of a por- tion of Lot 6, Block 80, Old Town, from R -2 to R -4. (Lemon and Olive Sts.) ORDINANCE NO. 113 (1959 Series), "An Ordinance Amending Section 9200.5 of the San Luis Obispo Municipal Code to Rezone Certain Real Property" was introduced and passed to.print on motion of Kenneth W. Jones, seconded by Nels Beck on the following roll call vote: AYES. Nels Beck, Kenneth W. Jones, Richard G. Sleight, Fred H. Lucksinger NOES: None ABSENT: J. Barry Smith 13. Communication from the City Planning Commission recommending approval by the:•: - Council oh Ahe request for rezoning in Block 123, Phillips Syndicate. ORDINANCE NO. 114 (1959 Series), "An Ordinance Amending Section 9200.5 of theSan Luis Obispo Municipal Code to Rezone Certain Real Property" was introduced and.passed to print on motion of Kenneth W. Jones, seconded by Nels Beck on the following roll call vote: AYES: Nels Beck, Kenneth W. Jones, Richard G. Sleight, Fred H. Lucksinger NOES: None ABSENT: J. BArry Smith 14. Report of Richard D. Miller, Administrative Officer, to the Council,.recommending certain organizational changes proposed for the Fire Department, was held over. 1 APR 6 . 1959 15. Communication from the Department of.Water Resources, inquiring if the City was interested in having a demonstration sea -water conversion plant, to be built on the west coast, located i n this area. RESOLUTION N0: 531 (1959 Series), "A Resolution Supporting San Luis Obispo County Application for a Sea Water Conversion Plant" was passed and adopted on motion of Kenneth W. Jones, seconded by Richard G. Sleight on the follow - ing.roll call vote: AYES: Nels Beck, Kenneth W. Jones, Richard G. Sleight, Fred H. Lucksinger NOES: None ABSENT: J. Barry Smith 16. Appraisal report of Fred Gist was received and filed on motion of Richard G. Sleight, seconded by Nels Beck. 17. The following buletins from the League of California Cities were received and. filed: 1. "Action Required on Bills of Interest to Cities "" a 2.. "Action to date of Assembly Bill 156, regarding regulations of local agencies by Counties and Cities." M 3. "1959 League Highway Legislative Program." Q 4. "Statement of Principles on Metropolitan Problems." s� 18i Notice before the P.O.C. on the withdrawal of the application of Lester N. .Buffet to operate a passenger service between Morro Bay, Baywood Park and San Luis Obispo. 19. Proposal of Whipple, Adamson, Murphy and Pearson to make a preliminary plan for providing sewerage and water service to the Los Osos Valley area below Laguna Lake was accepted on motion of Richard G. Sleight, seconded by Kenneth W. Jones. 20. Request of David F. Romero, City Engineer, for permission for Frank Reed to ' attend the California Sewage and Industrial Waste Conference in Long Beach on Wednesday, April 29 through Saturday, May 2 was approved on motion of Richard G. Sleight, seconded by Nels Beck..- J 21. Progress report by the Department of Water Resources on the Whale Rock Project for February, 1959 was received and filed. 22. On motion of Kenneth W. Jones, seconded by Nels Beck, the following salary . step increases were approved: Gingg, Thomas P - Principal Engineering Aide - from step 1, $354 per mo. to step 2, $375 per mo. Blackwell,.Arthur. -L - Parking Meter Repairman - from step 1, $354 per month to step 2, $375 per month. _ Bognar, Jack S - Police Officer - from step 2, $375 per mo. to step 3, $396 per month. Martin, Donald L - Police-Officer:- from step 3, $396 mo. to step 4, $419 per mo. Jones, Laura C - Account Clerk - from step 2, $284 per mo. to step 3, $300 per mo. 9; McCaskey, Scott D - Police Officer - from step .3, $396 mo. to step 4,.$419. - per mo. Prescott, Grady L - Police Officer - fromstep 3, $396 mo. to step'4, $419 per mo. Crawford, Maureen F - Stenographer - from step 2, $268 per mo. to step 3, $284 per mo. Jones, Laura C - Account Clerk - from step 2, $284 per mo. to step 3, $300 per mo. 9; 26 APR g X959 OLD BUSINESS 1. Communication from Riley's Department Store requesting that an option be granted to them in case the City of San Luis Obispo does not proceed with the park- ing lot on the Pezzoni property. 2. RESOLUTION NO. 532 (1959 Series), "A Resolution Authorizing Execution of Option Agreement with L & H Investment Company" was passed and adopted on motion'of Richard G. Sleight, seconded by-Nels Beck on the follw ing roll call vote: AYES: Nels Beck, Kenneth W. Jones, Richard G. Sleight, Fred H. Lucksinger NOES: None ABSENT: J. Barry Smith 2. Bulletin from the Central Coastal Regional Water Pollution Control Board re- questing sewage treatment construction grants which was referred.to the City Engineer. The City Engineer reported the City of San Luis Obispo has excellent sewage treatment facilities and need not be enlarged, and therefore, recommended that the City not apply for any federal aid. 3. Mr. Miller, Administrative Officer, presented for the Council's consideration, expense claim -:for Chief Schofield for expenses in attending legislative session in Sacramento. On motion of Nels Beck, seconded by Richard G. Sleight, expenses were approved and ordered paid. 4. Mr. Romero, City Engineer, presented for the Council's consideration, the final map of Southwood Tract 138, Unit #1. He explained in detail some of the engineering problems and agreements that had to be reached between the sub- divider and the City. Mr. Romero recommended that the final map be accepted subject to the conditions listed. RESOLUTION NO. 533 (1959 Series), "A Resolution Accepting Final Map of Southwood, Tract 138, Unit #1" was passed on motion of Richard G. Sleight, seconded by Kenneth W. Jones, on the following roll call vote: AYES: Nels Beck, Kenneth W. Jones, Richard G: Sleight, Fred H. Lucksinger. . NOES: None ABSENT: J. Barry Smith 5. Mr. Romero, City Engineer, presented for the City Council, a letter mailed out to F. R. Kalloch, Jr., Subdivider of Tract 134, regarding the fact that Mr. Kalloch had begun construction of his offsite improvements without filing the required bond and subdivision agreement. Mr. Kalloch was then put on notice that the City will not inspect the construction.without the required agreement.and fees, and also will not accept the Improvements unless they are constructed under City inspection. Mr. Kalloch was told that any con- struction work conducted by him on this property is entirely at the subdi- vider's riskand the City will feel no obligation to accept this subdivision, regardless of hardship. By common consent of the Council, the communication was approved and ordered re- ceived and filed. 6. Mr. .Houser, City Attorney, presented a copy of a Resolution adopted by the County Board of Supervisors on April 6, 1959, regarding air - service for the San Luis Obispo airport. Received and filed. On motion of Kenneth W. Jones, seconded by Nels Beck, the meeting adjourned to 8:30 pm on Monday, April 13, 1959. Approved this 20 day of April, 1959. j • 1 1 1 APO He stated that under city ordinance the Council must take action and make a de- cision. Further; he has studied the legal notice and believes that it is legal and would welcome a legal test on it. He offered his services to the city if this came about. Timothy I. O'Reilly, Attorney, again stated he did not believe this was a matter of legalistics, but the matter should not be decided by the Council but re- ferred to the PlanningCommission for public hearing, so that proper evidence could be submitted to the Planning Commission in due process of rezoning re- quests. Mr. O'Reilly stated he represented 36 people who were in the area prior to Mr. Flagg's purchase of the property, and he believes that they duuld be protected in their attempt to keep the area single- residence. Mr. R. L. Graves appeared before the Council and stated: 1. There were no objections before the Planning Commission because no one knew where the shopping center was to be located. 2. He was not against a shopping center in the area, but only where it was M -to be located in the Johnson area. 3. There is property now zoned commercially in the area and of a large enough '7 size to be expanded to accomodate the proposed shopping center. Mr. Flagg, subdivider, appeared on behalf of his petition for rezoning and stated -he did not believe it fair to refer this back to the Planning Commission as they had already had two hearings on it, and this made the focrth:hearing for the Council. Also, what could the Planning Commission be expected to do under these circumstances* when they have already approved the rezoning. Further, he asked the Council to make a decision tonight. Mr. Graves asked the Council if Mr. Flagg would agree to the rezoning as the Plan- ning Commission has it now, which is R -1. 1 Mr. Steve Clensos asked the Council if this matter could not be-held over til more study was made, and if necessary; take it to a vote of the people before it is rezoned. Mr. O'Reilly stated that at no time had an unbiased technical study been presented to the Planning Commission, where engineers, planners and technical people could present evidence for the shopping center and then the Protestants could logically argue the points presented. Ed Merson, Student, asked-the Council questions regarding the proposed rezoning and what had transpired to date regarding the location of the shopping center. He believed a good shopping center was advantageous to home owners in the area. Timothy I. O'Reilly stated that a shopping center was a good idea, but that it should be placed at the southwest corner of Orcutt and Johnson Avenue, across from the PG & E power plant. -This location would offend nobody. Bill McReen appeared before the Council stating that he only used 1/3 of the pre - sent C2 zone that he owns and the balance was available, and he urged that the Cl area be placed near his so that all commercial development would be placed in the same locality. Mr. L. Blaser stated that he felt sorry for Mr. Flagg, but that no developer ' should start operations on property until the final zoning approval is given by the City Council. He was personally against the rezoning on the basis of spot zoning, and if it were approved, anyone in the area could ask for the same deal and it could not be refused. He requested that th a matter be re- ferred to the Planning Commission so the proper steps for the zoning of property in this area may be properly done. Mr. Flagg stated that the location of the shopping center was placed as part of the over -all plan for the area, and after-much study that this was the best area for commercial development and over -all plan for the subdivision. APR 13 1959 Mr. O'Reilly stated he did not believe that Mr. Flagg was ready to develop this commercial area at this time, as it will be very expensive to develop and there was no rush in zoning this property at this time. Mr. Don Q. Miller stated he wished to go on record.opposing the proposed loca- tion of the shopping center as he believed it should be placed on Laurel Lane. Mr. McNamara stated he could not understand Mr. O'Reilly's remarks regarding blight and the devaluation of property when it was rezoned to commercial. Ron Forrest stated he was in-favor of .a shopping center if it would facilitate ' shopping and parking. Mrs. Rose Mc Keen stated she did not object to a shopping center, but did object to its location when other areas were available for commercial development. Councilman Jones asked the City Attorney, Mr. Houser, if he could absent himself during the vote, if any action was to be taken on this proposed rezoning, due to the remarks of Mr. O'Reilly regarding the city election to be held on the 14th, as he did not wish to embarrass himself or Mr. Waters. Mr. Houser stated that all Councilmen present must vote, and if they were present and did not vote, it would be counted as a yes`.vote. Mr. Jones left his seat in the Council room at 9:12 pm. Nels Beck moved the matter of rezoning be re- submitted to the Planning Commission for a complete study of the matter. There was no second to the motion. Councilman Sleight moved that Ordinance No. 111 be finally passed, approving the rezoning. There was no second tothe motion. Mr. Houser, City Attorney, stated upon question of the Council, that with permission of the applicant, the hearing could be held over to the next meeting. Mr. O'Reilly protested the opinion of the City Attorney as the Municipal Code I states that no action by the Council kills the Ordinance and it cannot be held over with permission of Mr. Flagg. City Attorney Houser answered that if the Council desired, their final decision could be held over on majority vote of the Council. On motion of Richard G. Sleight, seconded by Nels Beck, the public hearing on Ordinance No. 111 was held over til April 20, 1959. Councilman Jones returned to the meeting at 9:20 pm. On motion of Nels Beck, seconded by Richard G. Sleight, Ordinance No. 112 (1959 Series) "An Ordinance Rezoning Certain Properties From M to R -1 and From M to R -3" was held over and public hearing continued to April 20, 1959. 8:30 P M - PUBLIC HEARING - Laguna Lake At this time the Mayor declared the hearing open on the proposed sale by the City of a portion of Laguna Lake.area. Mr. Romero, City Engineer, using a topographic map, explained for the people pre- sent the area owned by the City and sold to date. Also he showed the proposed area to be sold, less easements and street widening, water lines and other public uses, and described the types of land to be sold. Mr. Babcock protested the Engineer's report and stated that the City is actually selling 40 acres of flat land.