HomeMy WebLinkAbout06/15/19591
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Approved this /0 day of July, 1959.
CITY COUNCIL MINUTES
June 15, 1959 - 7:30 PM
The City Council met in regular session with Mayor Fred M. Waters presiding.
Roll Call: Present - Kenneth W. Jones, Gerald W. Shipsey, Donald Q. Miller
J. BarrySmith, Fred M. Waters
Absent - None
Minutes of the Council meeting on June 1, 1959 were approved as read.
Claims against the City for the month of June, 1959 were approved on motion of
Kenneth W. Jones, seconded by Gerald W. Shipsey, subject to the approval of
the Administrative Officer.
City Clerk reported on bids received and opened for furnishing blanket bond
coverage for city employees:
3 Yr $5000 3 Yr $2500
Honesty Faithful Performance Total
Ralph Kennedy"
Maryland Casualty Co. $ 280:97 $ 375.00 $ 655.97
San Luis Insurance Agency
United Pacific Insurance Co. 358.33 337.31 696.31
Paul Rich & C. R. Chelquist
Glens Falls Insurance Co. 358.52 375.00 733.52
Milton J. Holmes
American Motorists Insurance Co. 362.10 435.15 797.25
Anchor Insurance Service
Aetna Casualty & Surety Co. - - - - -- - - - -- 552.50
Fred Gist
Great American Insurance Co. 355.81 375.00 730.81
On recommendation of Mr. Miller, Administrative Officer, the low bid of Aetna
Casualty and Surety Company (Anchor Insurance Service) was accepted for $552.50
on motion of Gerald W. Shipsey, seconded by Kenneth W. Jones.
1. Communication from the Picture Shop, requesting consideration of an addition
to the 10 minute parkins ze in fm nt of 341 and 385 Higuera Street was re-
ferred to the Traffic Committee on motion of J.-Barry Smith, seconded by
Kenneth W. Jones.
2. Communication from Donald Q. Miller, appealing the action of the City Planning
Commission on May 21, 1959, in denying his request for rezoning from R -2
to C -2. Lots 5, 6 & 7, Block 4, Imperial Addition of the City of San Luis
Obispo, was referred to a public hearing on July 6, 1959, on motion of
Gerald W. Shipsey, seconded by Kenneth W. Jones.
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3. Authorization by the City Council for the Mayor to sign an agreemert with
the Pacific Gas and Electric Company for a service riser pole in connec-
tion with the water development for Ferrini's subdivision. Mayor was
authorized to sign agreement on motion of Kenneth W. Jones, seconded by
J. Barry Smith.
4. For the Council's information, communication to Irvin J. Kogan from Mayor
Fred Waters, regarding questions asked by Mr. Kogan about zoning on
Ferrini Road, was presented and filed.
5. Communication from the Director of Water Resources from Richard D. Miller,
regarding the development of the Whale Rock Reservoir as a recreational
site was received and filed.
6. Communication from David F. Romero to Roger Brown, denying a building permit
on the grounds that the proposed location will block the planned extension
of Cerro Romauldo Avenue was received and filed.
7. Minutes of the City Planning Commission of April 16, May 21, June 2 and June
9 were received and filed.
8. Minutes of the board meeting, City Chamber of Commerce, of May 11, 1959 and the
financial report of the.month of May, 1959 were received and filed.
9. REFERENDUM PETITION - City Clerk, J. H. Fitzpatrick, presented to the City
Council, his certificate declaring the referendum against Ordinance No. 111
(1959 Series), "An Ordinance Rezoning Property on Johnson Avenue From R -1
to C -1 -S ", insufficient in the number of voters.
Councilman Donald Q. Miller stated that the proponents of -the initiative
petition were under the belief that they would be allowed an additional
ten days to gather additional names to qualify the petition. This Belief
was given to the proponents by the City Clerk, who honestly believed that
the petition for referendum would be allowed additional time, but that a
later ruling by the City Attorney, based on case law, would prohibit any
time extension. 1
Councilman Miller stated that although the.informat ion given the pro-
ponents by the City Clerk was done in all honesty and sincerity, he be-
lieved that the proponents should have some additional_ time to .get
additional signatures.
City Attorney, William Houser, stated that neither the City Clerk nor
anyone else could change the state law.regarding time for signing petitions,
etc.
Mrs. R. L.. Graves requested that she be allowed to present six additional
petitions.
Timothy I. O'Reilly, Attorney, insisted that the additional petitions be
accepted by the City Clerk.
Petitions, as presented, were accepted by common consent of the Council.
Mr. R. L. Graves requested that the City Clerk read Sections 1773 and 1709
of the Elections Code into the record, as these were the sections that
were interpreted by himself and the City Clerk regardingthe referendum
petition which would presumably allow the proponents additional time to
present additional signed petitions.
The City Clerk then read the above - mentioned sections, and the matter was
received and filed.
8 PM - PUBLIC HEARINGS
ORDINANCE NO. 115 (1959 Series)
At this time the Mayor declared the public hearing open on Ordinance No.
JUN 15 1959 .�.
115 (1959 Series), "An Ordinance Rezoning Property on the Corner of Chorro
and Walnut Streets From R -3 to C -1."
City Clerk read a communication from the City Planning Commission recom-
mending the denial of the proposed rezoning.
Communication from Larry Wise, Planning Consultant, recommending denial of
the proposed rezoning and listing the reasons for said denial.
Petition from the residents in the vicinity, requesting that the rezoning be
denied.
1 Mr. Harry Orvis asked that the matter be held over to the next meeting, so
that he could have time to study the recommendations of Mr. Wise.
On motion of Donald Q. Miller, seconded by Kenneth W. Jones, the request of Mr.
Orvis was granted and the hearing postponed until July 6, 1959.
ORDINANCE NO. 116 (1959 Series)
q7, At this time the Mayor declared the hearing open on Ordinance No. 116,
Cz (1959 Series), "An Ordinance Rezoning From R -2.to R -3 Certain Property
M in the Vicinity of Murray Avenue and Casa and Stenner Streets."
Communication from the Planning Commission recommending said rezoning.
There being no comments, the ordinance was finally passed and adopted
on motion of J. Barry Smith, seconded by Donald Q. Miller on the follow-
ing roll call vote:
AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey,
J. Barry Smith, Fred M. Waters
NOES: None
ABSENT:: None
ORDINANCE NO. 117 & 118
' At this time the Mayor declared the public hearing open on Ordinance no.
117 (1959 Series), "An Ordinance Rezoning From R -1 to R -3, Property on
the East Side of Ferrini Road North of Foothill Boulevard."
Mr.'Kogan, opponent to the rezoning, requested that both Ordinance No. 117
(Bonin) and 118 (Nadelle) be heard at the same time, as they were adjacent
and the neighbors were opposed to both rezonings.
Mr. Fraser, Planning Director, presert ed a map and explained to the Council
and the public the area involved in the rezoning and the background the
Planning Commission coui.dered in the rezoning.
Mr. Kogan objected to the letter of the Planning Commission regarding the
Statement of the Planning Commission that only 24 of the 40 signers of
the petition were property owners in the vicinity of Teach School.
Mr. Fraser, Planning Director, explained the background to the Council of
the problems that have occurred in the development of the Nadelle "property,
partidularly the encroachment of multiple dwellings in the R -1 zone through
error on the part of the city and the contractor.
Mr. Sharp, 300 Ferrini Road, appeared before the City Council stating that
the original petition, after annexation of this area to the City, was that
all property on Ferrini Road, Felton Way, etc., facing the Teach School
should be R -1 and that the Planning Commission had amended the original
petition by granting a 150 foot deep Rol zone east of Ferrini Road.
Mr. Kogan requested that the City Clerk read the Planning Commission minutes
of May 21, Item 18, regarding the rezoning of the Nadelle property. Minutes
were read by the City Clerk.
Mr. H. Hendricks, 521 Felton Way, appeared before the City Council protest-
ing any change in zoning in property facing Teach School, as he said it
must stay R -1. Further, he did not believe an error on'the part of the
City or an individual should be corrected by rezoning the property.
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Mr. Rogan presented a petition with five additional names, protesting
the rezoning to R -3.
Mr. Barlow appeared before the Council protesting the treatment he re-
ceived at the last meeting of the Planning Commission which was.extremely
discourteous. Further, he believed his basic civil rights were being hurt
by not allowing him the free use of his property by the encroachment of
this multiple housing: - Mr. Barlow stated that private residential home-
owners did not approve of apartment development adjacent to their single
family homes.
Mrs. Nadelle appeared before the.Council, stating that she did not believe
that the development she was making on her property would cause any damage
to the property rights of anyone in the R -1 zone as she is attempting to
make a desirable development for rentals in the City.
Mr. Bonin appeared before the Council and asked Mr. Fraser, Planning Direc-
tor, to show the Council on the map how much of his property was being re-
zoned by this ordinance.
Mr. Rogan stated that he wished to bring to the Council's attention.two
definite violations of w ning and building regulations in the Nadelle
property which the City is attempting to correct by the requested zone
Changes.
Mr. Rogan stated that in 1957 the first violation. involved a duplex being
built in an R -1 zone and in 1959, the violation was a triplex built in an
R -1 zone. Mr. Rogan then asked that section 9200.21 of the Municipal Code
be read. Mr. Rogan, at the request of the Council, then read the above -
mentioned section and requested that the City Council enforce the provision
of the Municipal Code against these violations.
Mr. Hendricks again appeared before the Council, stating that as a school
teacher and instructor of young children, he believed th at"the integrity of
the city was being questioned here in allowing a rezoning to correct two
violations which he did not believe was good government.
Mr. Pete Weber appeared before the Council stating that he had great faith
in the integrity of the City Council and the Planning Commission, and could
see that the Council was attempting, in good faith and compassion, to work
out all the matters regarding alleged violations, with fairness to all citi-
zens concerned.
Mr. Thompson, Felton Way, asked how could the Council guarantee that the
present haphazard method of rezoning would not continue to the detriment
of property owners in the area of Teach School.
Mr. Hendricks requested the City Council take a firm stand on the correction
of aay violations of the city code, and not just rezone the property in order
to' correct these violations.
Mr. Rogan appeared again before the Council, relisting for their information
what the two violations considered were, and.how they occurred.
Mr. Barlow asked the City Council to respect the 150 foot R -1 zone line
east of Ferrini Road, and that it be maintained. Further, that the 219 foot
R -3 line from Foothill Bodlevard not be amended, so as to protect the R -1 zone.
There being no further comments, the Mayor declared a.five minute recess
at 9:20 PM. _
9:25 PM -- The meeting reconvened with all Councilmen present. Mayor
Waters thanked all the citizens.present for their.help and participation
in t his matter, and in bringing all the points to the Council's attention.
Councilman Miller agreed with Mayor Waters, and stated.that the people
should feel free to bring their problems to the Council for fair and impar-
tial hearing.
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`,JUN 15 Vbj
Ordinance No. 117 (1959 Series), "An Ordinance Rezoning From R -1 to R -3
Property on the East Side of Ferrini Road North of Foothill Boulevard"
was finally passed on motion of Donald Q. Miller, seconded by Kenneth
W. Jones on the following roll call vote:
AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W.-Shipsey,
J. Barry Smith
NOES: Fred M. Waters .
ABSENT: None
Ordinance Nes 118 11959 Series), "An Ordinance Re u ring the Nadelle Property
' From R -1 to R -3" 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
NOES: Fred M. Waters
ABSENT: None
1959 -60 BUDGET OF THE CITY OF SAN LUIS OBISPO
Cc At this time the Council held a public hearing on the adoption of the 1959 -60
m budget of the City of San Luis Obispo.
C Mr. Miller, Administrative Officer, presented the buget to the City Council
as amended by changes of the City Council during the budget sessions.
Mr. Ken Schwartz appeared before the City Council and asked that the Council
increase the Planning Commission's budget by at least $5,000, so that a com-
plete master plan of the City could be made in accordance with state laws.
It was moved by J.' Barry Smith, seconded by Kenneth W. Jones, that the 1959-
60 budget be-adopted.
Mr. E. E. Graves appeared before the City Council, stating that he was pro-
testing the grant of $6,000 in taxpayers money to the Chamber of Commerce.
He did not believe that this was legal or morally right to give away taxpayer's
money. He suggested several methods to reduce the appropriation to the
Chamber, and stated that the Chamber of Commerce should stand on its own two
feet and do the job for the businessmen-that it is supposed to do. He suggested
that the Council take out a membership in the Chamber of Commerce as do the
other businesses in the City.
Harry Fryer, Sr. appeared before the Council and spoke on behalf of the con-
tract between the Chamber and the City, and urged the contract be continued.
Mayor Waters requested that the City Clerk read the following letter regard-
ing the Chamber contract mailed to the Chamber of Commerce:
"In accordance with a joint meeting held between representatives
of the Chamber of Commerce and the City Councilat-.a budgetstudy
session on Wednesday, May 27, 1959, the following letter is trans-
mitted to you for your consideration.
"At the meeting referred to, it was decided that the Chamber•should
set up a separate bank account with payments from the City to be de-
posited to such account and expenditures on behalf of the city to
be paid by check from the account.
"Cancelled checks and bookkeeping ledgers covering said account
' should be available for inspection and audit by the City, and the
Chamber agreed to submit to the City a quarterly financial report
in lieu of the present monthly statement.
"The Chamber is to appoint a committee to work with a City committee
in drafting a new contract covering the Chamber services to the City.
In addition, in order to establish and maintain effective liaison'
the Council would like to continue its past practice of appointing one
of its members to serve as an ex officio member of the Chamber Board
of Directors.
16 Z'� `jUN 15.1959'.
"We wish to thank the Chamber of Commerce for its past efforts in
building a better San Luis Obispo and materially assisting in the
advertising and promotion of our community. We would also like
to congratulate you on your election as president of the Chamber
of Commerce."
Mr. E. E. Graves again appeared before the Council urging that.the City join
the Chamber as an individual member, and that all members have their
dues increased and have the Chamber pay its own way and not accept a sub-
sidy from the City.
Councilman Miller.stated that he objected to the Chamber contract only to
the extent that they should submit a budget request, item by item, as do
all the City departments, so that the expenditures could be reviewed. The
City should not just give a blank check of $6,000 to the Chamber.
Councilman Miller moved to amend the motion of Councilman Smith that $6,000
be deleted from the budget until the Chamber of Commerce submits a detailed
budget for m nsideration. There being no second to the motion, the motion was
lost.
The motion by Councilman Smith, seconded by Kenneth W. Jones, that the budget
be adopted, was 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
RESOLUTION N0. 561 (1959 Series), "A Resolution Specifying Appropriations
for Equipment Replacement and Listing Remaining Prior Accumulations to
Date" was passed and adopted on motion of Kenneth W. Jones, seconded by
J. Barry Smith 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
RESOLUTION NO. 562 (1959 Series), "A Resolution Establishing Classifications,
Setting Salary Ranges Therefor, Assigning City Employees to Classifications
and Salary Rates Therein, Specifying Methods of Advancement and Repealing
all Previous Salary Resolutions" was passed and adopted on motion of Ken-
neth W. Jones, seconded by Donald Q. Miller on the following roll call
vote:
AYES: Kenneth W. Jones, Gerald W. Shipsey, Donald Q. Miller,
J. Barry Smith, Fred M. Waters
NOES: None
ABSENT: None
12. Communication from David F. Romero regarding petition of the property owners
on Richard Street, requesting the Council form an assessment district to
construct curb, gutter, sidewalk etc., and Mr. Romerols suggestions regarding
same..
The CityCouncil discussed formation of a. special assessment district on
Richard Street. Mr. Levin appeared before the Council urging the.formation
of this special assessment district and urged that the Council proceed as
soon as possible, as he was planning on developing his property. If the
district cannot be formed, he requested that he be allowed to hook up to
city water on Laurel Lane.
After discussion by the Council, Mr. Levin was requested to get additional
signers so as to make 60% of the owners requesting this district.
13. 'Mr. Miller, Administrative Officer, announed the appointment of the fdlowing:
Timothy E. Storton - Police Officer - $368 per month, effective July 1,
1959.
JUN 15 IM
Eugene Lazzarini - Fireman - $368 per month, effective July 1, 1959.
Reita L. Olson - Stenographer (Police Dept) - $254 per month, effec-
tive June 22, 1959.
Ramon E. Covarrubias - Draftsman - $1.73 per hour.
Resignation of Elvira Flossi, Stenographer in the Police Department,
effective June 30, 1959, received and filed.
14. Communication from the City Planning Commission submitting recommendations
to the City Council on Council initiated proposal in the Southwood area
Mr. Fraser, Planning Director, presented a map and outlined the recommen-
dations of the Planning Commission on the recommended rezoning. On
motion of J. Barry Smith, seconded by Donald Q. Miller, the matter was
held over for study by the Council.
165
At this time Mayor Waters nominated the following citizens to serve on the var-
ious boards and commissions of the City.
Francis Scott ------------------------
LIBRARY BOARD (to succeed themselves
for a 4 year term)
1959
to
June
30;
1961
(to complete the 2 year term of Dr.
Mrs. Frances Campbell ----------------
- - - - -- July 1,
1959 to jifne 30, 1963
1959
David Grant ----------------------------------
July 1,
1959 to June 30, 1963
- - - - -- July
Timothy I. O'Reilly ------------------
- - - - -- July 1,
1959 to June 30, 1963
June
30,
1963
George Johnson -------=---------- -----
- -=--- July
PLANNING COMMISSION
1959
to
Francis Scott ------------------------
- - - - -- July
1,
1959
to
June
30;
1961
(to complete the 2 year term of Dr.
Chalmer Ferris)
July
1,
1959
to June
30,
Stanley Cole -------------------------
- - - - -- July
1,
1959
to
June
30,
1963
George Johnson -------=---------- -----
- -=--- July
1,
1959
to
June
30,
1963
Mrs. Elizabeth W. Law ----------------
- - - - -- July
1,1959
to
June
30;
1963
Kenneth E: Schwartz ------------------
- - - - -- July
1,
1959
to
June
30,
1963
'
RECREATION COMMISSION
William Hollister, Jr�_
July
1,
1959
to June
30,
1963
_____________________
Mrs. Isabella Scott
July
1,
1959
to June
30,
1963
Robert H. Janssen --------------------
- - - - -- July
1,
1959
to June
30,
1963
Dr. Harry Fryer ---------- - -----------------
July
1,
1959
to June
30,
1963
On motion of J. Barry Smith, seconded by Donald Q. Miller, the nominations of
the Mayor were accepted, and the appointments confirmed. Letters of
appointment to be mailed and letters to the retiring members thanking
them for their services to the city.
OLD BUSINESS
1. Communication from the San Luis Obispo County Farm Bureau, calling attention
of the City Council to items in the County Budget which grant General
Fund money to the special needs of the unincorporated areas, and a reso-
lution regarding this problem. Matter was referred to Councilman Miller,
City Administrative Officer Miller; and City Attorney Houser for study and
consultation with supervisor from this district, and report to the
Council.
Councilman Miller reported on the meeting bere with County Supervisor Kimball,
Administrative Officer Conrad, and Mr. Miossi, regarding the above matter.
Councilman Miller presented a resolution for adoption by the Council,
a "Resolution Seeking Equitable Distribution of County Government Costs
Related to Special Needs of Unincorporated Urban Areas."
Councilman Miller moved that the recommendation be adopted. The motion was
lost -.for lack of a second.
2. Traffic Committee report of May 22 and supplemental report of May 25, 19591
which was referred to a Council.Committee consisting of Kenneth W. Jones
6 b JUN l b ►�:,:.
and Donald Q. Miller, to review recommendations of-the Traffic Com-
mittee and report to the Council was held over for study.
3. Second hearing on application of Charlie Estep for public license to
operate a lunch room at 1737 Santa Rosa Street. City Clerk recom-
mended that this matter be dropped, as applicant has withdrawn his
request.
4. Council appointments to the proposed Citizen's Committee to study City's
traffic problems (Mayor to submit names for appointment) were held
over.
ADDENDA
1. Petition from the motel owners on upper Monterey Street, requesting that
the speeding and noise onMonterey Street and California Boulevard to
the city limits be controlled.
Police Chief Schofield stated that he has been in consultation with these
motel owners and that his department is making a special effort to take
care of the situation, particularly during the hours of 4 to 12 pm when
most of the noise takes place.
City Council urged the Police Chief to concentrate on this problem.
2. Communication from the Union Oil Company, requesting the Council adopt a
franchise for their pipeline and telephone lines in the City of San Inis
Obispo. The matter was held for study by the-Council.
3. RESOLUTION NO. 563 (1959 Series), "A Resolution Increasing the.1958 -59
Budget" 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
4. Mr. Miller, Administrative Officer, presented the following letter for the
Council, from Price Thompson, Water Superintendent, regarding the water
supply in the south Johnson Street area:
"Heavy demand for water has.created a severe distribution problem
in subject area. The increasing demand during the coming summer months
will make the present situation even more critical. It is imperative
that all measures possible be taken to alleviate this condition. I
solicit your earnest support of the following recommendations.
1. That no water for any purpose whatsoever except for dwelling and.
other accidental fires be drawn from any hydrants beyond the inter-
section of Johnson Street and Ella Streets.
2. That it is to be understood that the pumping station serving a
part of Flora Street and Alrita Street is only capable of furnishing
domestic water and cannot furnish water for fire pumper and sprinkler
service.
Compliance with these recommendations is requested until further notice
from the Water Department."
5. Mr. Miller, Administrative Officer, presented a letter from David F. Romero,
City Engineer, regarding the contract on the Terrace Hill waterline,
stating that L. E. Webb, the contractor, was being held up through no
fault of his own, due to the shortage of cast iron fittings, as the
fabricators have been on strike for a number of months. He states that
the contractor was entitled to an extension of time due to conditions
beyond his control.
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6. Mr. Romero, CityEngineer, presented to the Council a request for extension
of sick leave for Art Madonna for one additional week.
7. Mr. L. Landreth, property owner of the Yoakum area, presented a petition
signed by residents of the area, requesting annexation to the City of
San Luis Obispo, listing the following reasons:
a - lack of water in the area
b - lack of sewer facilities
c - lack of building codes
d - lack of fire and police protection
8. Mr. Romero, City Engineer, requested a Council policy decision on three
blocks of Branch Street, requesting that the street width be reduced
from 40' to 34' so as not to remove or destroy trees on these three
blocks.
Mr. Romero recommended that the street be narrowed by 6' so as to save
the trees. On motion of Donald Q. Miller, seconded by Gerald W.
Shipsey, it was moved that the street width be narrowed, as recom-
mended by Mr. Romero, by three feet on each side of Branch Street.
AYES: Donald Q. Miller, Gerald W. Shipsey, Fred M. Waters
NOES: Kenneth W. Jones, J. Barry Smith
ABSENT: None
9. Mr. Miller,.Administrative Officer, presented for the Council's infor-
mation, the following San Luis Obispo Police Officers receiving Asso-
ciate of Arts degrees from the San Luis Obispo Junior College:
Jack S. Bognar - William D. Malmen
Larry K. Dittman Donald L. Martin
Charles Hurley Ronald D. Miller
Clem V. Lincicum
' The following Police Officers received degrees from California State Poly-
technic College:
Jack S. Bognar Scott D. McCaskey
161
On motion of J. Barry Smith, seconded by Donald Q. Miller, the meeting adjourned.
Approved this / /day of July, 1959.
ty Clerk