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HomeMy WebLinkAbout07/06/19596 8 -JUL 6 1959 CITY COUNCIL MINUTES July 6, 1959 - 7:30 P.M. The City Council met in regular session with Mayor Fred M. Waters presiding. Roll Call: Present - Kenneth W. Junes, Dunaid Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters Minutes for the meeting of June 15, 1959, were approved as corrected: Appointment ' by the City Council to the City Recreation Commission - -Dr. Harry Fryer was left off the minutes. City Clerk reported on bids received for one pickup truck for the Building Depart& meet: Hysen- Johnson Ford, Inc. $ 2,081.88 83.28 47. sales tax $ 2,165.16 _ Frank Adler (Studebaker) $ 1.678.00 67.12 4% sales tax $ 1,745.12 Smith Chevrolet $ 12760.86 70.43 47. sales tax $ 1,831.29 Stan Cole - Dodge $ 13716.80 68.67 4% sales tax $ 1,785.47 Mr. Miller, Administrative Officer, recommended that the low bid of Frank Adler be accepted. On motion of Gerald W. Shipsey, seconded by J. Barry I Smith, the bid was awarded to Frank Adler Studebaker. Claims against the City were approved on motion of Kenneth W. Jones, seconded by Gerald W. Shipsey, subject to the approval of the Administrative Officer. RESOLUTION NO. 564 (1959 Series), "A Resolution Increasing the 1958 -59 Budget" (increasing various salaries & retirement) was approved on motion of Kenneth W. Jones, seconded by Geral d 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 RESOLUTION NO. 565(1959 Series), "A Resolution Transferring Funds" was passed and adopted on motion of J. Barry Smith, seconded by Kenneth W. Jones on the follow- ing roll call vote: (Off- Street Parking to General Fund) AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters NOES: None ABSENT: None Grant Deed from Anita Hathway for a parcel of land for Hillcrest Street extension was accepted on motion of Gerald W. Shipsey, seconded by Kenneth W. Jones. COMMUNICATIONS 1. Communication from the Department of Public Works thanking the City Council for their efforts in regard to the widening of the Grand Avenue Undercross- ing on U. S. Highway 101 was received and filed. rjui 2. Communication from the Methodist Church of San Luis Obispo regarding traffic conditions in the vicinity of theirnnew church on Fredericks Street was referred to the Traffic Committee. 3. Communication from the City of Oxnard announcing the next quarterly meeting of the Channel Counties Division, League of California Cities, to be-,.held in Pismo Beach on-July 16, 1959 was referred to the City Clerk. 4. Communication from the San Luis Obispo City Chamber of Commerce, announcing I the appointment of a Chamber committee to work with the City Council in drafting a new contract for Chamber services was referred to Councilman Shipsey to contact the Chamber regarding the new contract. 5. Communication from E. L. O'Reilly, requesting reconsideration by the Council of the denial by the Planning Commission of his request for rezoning in the 1600 to 1700 block on Monterey Street from R -3 to C -2 was held over. 6. Communication from the California Mission Trails, thanking the City Council for their appropriation was received and filed. r7. Communication from Fire Chief Schlobohm regarding the ADT Sgsram fnr agn ral Fireproofing Co=anv. Request was approved. Fire Chief to write a letter to the ADT Company. 8:OO P.M. r. PUBLIC AUCTION . Mayor Waters announced the public auction for the city -owned ground observer tower building in Mitchell Park.. Mr. C. T. Farrar bid $50. There being no further bidders, the building was sold to Mr. Farrar for $50. 8:00 P.M. - PUBLIC HEARINGS At this time the Mayor declared a public hearing on the continuation of the final adoption of ORDINANCE.NO. 115 (1959 Series), "An Ordinance Rezoning Property on the Corner of Chorro and Walnut Streets from R -3 to C -1." Mr. Harry Orvis requested that the minutes for the Council meeting of June 1, 1959 be read, regarding the application for rezoning. The City Clerk read .the minutes as requested. Mr. Orvis then read portions of Sections•9200 of the Municipal Code, having to do with-rezoning of property. Mr. Orvis then read a statement giving 10 reasons why the City Council should - rezone this property to C -1. He stated he had contacted most of.the petitioners who protested the rezoning and they stated that they had been misinformed as to the purposes of the rezoning. Mr. Orvis urged the City Council to pass the rezoning for the good of the city. Mr. Clay Davidson, residing at Mountainview and Lincoln Streets agreed with the petitioner, and urged that this property be zoned commercial as-this all should be commercial area. Councilman Donald Q. Miller stated that he believed that all the area to the freeway should be zoned commercial, as this is a logical development- of this area, and as time goes by this will develop to commercial use. ' On motion of Donald Q. Miller, seconded by Gerald W. Shipsey, Ordinance No. 115 was finally adopted 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 d �1 -9 L 7 0 1.6 1959 ORDINANCE NO. 119 - At this time the Mayor declared the hearing open on Ordinance No. 119 (1959 Series), "An Ordinance Rezoning From R -1 to R -2 Certain Portions of College Highlands-Unit No. 5." Mr. Morgan Flagg appeared on behalf of his request for rezoning this area from R -1 to R -2. On motion of Donald Q. Miller, seconded by Kenneth W. Jones, the.Ordinance was finally passed 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 - ------- ----- -- - - -- ORDINANCE NO. 120 - At this time the Mayor declared the hearing open on Ordinance No. 120 (1959 Series), "An Ordinance Rezoning From R -2 to R -1 Property in the Vicinity of Lawrence Drive and Meadow Street." Councilman Donald Q. Miller stated that he personally had contacted many of the residents in the area to be rezoned, and that while most people were neutral and had no opinion on this rezoning, many people were opposed to a more restrictive zone in this area. On motion of Kenneth W. Jones, seconded by Gerald W. Shipsey, Ordinance 120 was finally adopted on the following roll call vote: AYES: Kenneth W. Jones, Gerald W.•Shipsey, J. Barry Smith NOES: Donald Q. Miller, Fred M. Waters ABSENT: None PUBLIC HEARING - Appeal of Donald Q. Miller from the decision of the Planning Commission. At the request of Mayor Waters, Mr. Houser ruled that 6ouncilman Miller could ' not vote on this matter as he was personally interested, and that according to the City Charter, his presence in the Council room, even though he did not vote, must be counted as an affirmative vote. Therefore, Councilman Miller left the room at 8:52 p.m. Mr. Warnaaieris appeared before the City.Council on behalf of Donald Q. Miller's petition for rezoning. Mr. Warnagieris outlined for the Council the character of the neighborhood and the mixed uses and classes in the area. He stated that it was impossible for this property to be developed as a residential area due to the industrial zone immediately to the rear. Mr. Keith Fraser, Planning Director, explained for the Council's information the reasoning of the Planning Commission for denying this request and what plans for development of Broad Street to residential properties and.not to industrial or commercial. Mr. Clay Davidson appeared before the Council on behalf of the request for commercial zoning, as he stated that the trend in recent years for the Broad Street area was for the east side of Broad to be of commercial use. Mr. R. Sears, Vice President of Central Savings, stated to the Council that his company has turned down building loans for residential development on the east side of Broad Street, as they believe that the ultimate development is to commercial use. Mrs. John Boriack appeared before the Council asking couldn't some controls be placed on the.zoning so that the ultimate development could be controlled by the City. Mrs. Esther Miller appeared before the Council on behalf of her petition for rezoning from R -2 to C -2. 'JUL 6 MV 171 On motion of Kenneth W. Jones, seconded by Gerald W. Shipsey, Mr. Donald Q. Miller's request was referred back to the Planning Commission for re- study of the over -all area of Broad Street for review of the R -2 and M zoning on the east side of Broad Street. Councilman Miller took.his seat at 9:06 P.M. 8. Petition from the residents of Richard Street for construction of improve- ments and formation of a special assessment district. Held over for study by the City Council. 9. Communication from Richard F. Harris, Attorney, to Lindero Investment Company and City of San Luis Obispo,.regarding a drain from the Southwood Tract across Orcutt Road to his client, R. P. Rodkey's property. Referred.to Mr. Romero for study and attempt to arrive at a solution with the subdivider and Mr. Rodkey. 10. Copy of Cost Service Contract with the California State Personnel Board for examination services for the City of San Luis Obispo and announcement by the Board of a service in the development of training progress and train- s"= ing services for local agencies were received and filed. Q Q 11. Mr. Miller Administrative Officer, announced the r� , , appointment of the following: Eugene W. Ketz - Laborer - Equipment Operator - Street Dept., effective 7 -1 -59. at $312 /mo. Thomas I. Guttierez. Jr. - Disposal Plant Operator, effective 6 -26 -59 at $300 /mo. Augustus H. Horskev - Janitor in the Library - effective 7 -1 -59 at.$280 /mo. Susan M. Cole - Typist Clerk, Planning Dept. - effective 7 -6 -59 at $250 /mo. (Temporary) . Ronald D. McMaster - Laborer - Equipment Operator - effective 7 -1 -59 at $312 per month (summer only). ' Richard D. Avers - Disposal Plant Operator - effective 7 -7 -59 at $312 per month. 12. The following salary step increases were approved on motion of Kenneth W. Jones, seconded by Donald Q. Miller, effective August 1, 1959: Richard A. Schacht - Police Officer - step 2, $390 /mo to step 3, $412 /mo. Don N. Samuels - Police Officer - step 2, $390 /mo to step 3, $412 /mo. Elton R. Hall - Fireman - step 2, $390 /mo to step 3, $412 /mo. Patrick J. Dempsey - Fireman - step 3, $412 /mo to step 4, $435/mo. 13. The following contract payments were approved by the Council on motion of Kenneth W. Jones, seconded by Gerald W. Shipsey: L. E. Webb Construction Co. Inc. Terrace Hill Water System Improvement Estimate #2 - -- $ 24,702.53 Bob Bosnyak Sanitary Sewer (Chorro Peach) Higuera Unit.2 Est #2 -- $ 3,873.49 3rd & final - -- $ 2,955.92 (to be paid in 30 days) OLD BUSINESS 1. Traffic Committee Report: 59 -7 -1C - "At the Request of the City Council, we have studied the application of The Picture Shop located on Higuera Street just south of its intersection 0 1 6 2 rJUL 6 1959 with Marsh and would recommend that the requested third ten minute green zone be installed at that location. There are a great number of right hand turn- ing movements, and when customers are not actually parking in the ten minute zone, the open space would be useful in facilitating these movements. The zone would run in a southerly direction from the existing two -space zone for a distance of approximately one car space to the driveway ramp. The location is the east side of Higuera. It would be understood that if this area were ever metered, the ten minute green zones would be considered for change to twelve minute parking meter zones." RESOLUTION NO. 566 (1959 Series), "A Resolution Establishing a Ten Minute Parking Zone on Higuera Street" 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 59 -7 -2T "It has been called to our attention that there is a traffic problem in the alley which runs between Santa Rosa and Osos Street parallel to Palm and a possible hazard in case of fire. It has been suggested, and we concur, that the alley should be posted for no- parking." RESOLUTION NO. 567 (1959 Series), "A Resolution Declaring the Alley Connecting Santa Rosa and Osos Streets Adjacent to Palm Street as a•No Parking Zone," 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 59 -7 -3T - "It has been requested that the Traffic Committee look at the parking situation in front of the gas company office on Marsh Street. There is a problem for trucks and cars leaving the parking and loading area between the gas company office and McMahan's Furniture Store caused by cars parking in the first metered space east of the driveway ramp. After looking into this, the Traffic Committee recommends that this parking meter space be eliminated, that an approximate eight foot red zone be painted, that the next meter space be- changed to a twelve minute time limit to match the third space-directly in front of the gas company office, that both of the metered spaces be moved about four feet to the west, and finally, that the white zone in-front of the post office be extended in a westerly direction, approximately five feet. It is thought that these changes would eliminate a great deal of-congestion and confusion in the area." RESOLUTION NO. 568 (1959 Series), "A Resolution Establishing Park ing Restric- tions on Marsh Street Adjacent to Post Office" 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, Donald Q Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters. NOES: None ABSENT: None At this time the Mayor called a five minute recess at 9:20 P.M. , The meeting reconvened at 9:25 P.M. 2. Communication from the Planning Commission requesting the Council initiate action for adoption of their recommendations regarding: (1) deep lot ordinance (2) Board of Adjustments (3) zoning and subdivision provisions for cooperative apartment development. Matter was held over for Council study. JUL 6 1W3 3. ORDINANCE NO. 121 (1959 Series), "An Ordinance of Intention to Abandon a Portion of Pepper Street" was introduced and passed to print on motion of Kenneth W. Jones, 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 4. ORDINANCE NO. 122 (1959 Series), "An Ordinance of Intention to Abandon a Portion of Venable Street" was introduced and passed to print on motion of Kenneth W. Jones, 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 5. R. D. Miller, Administrative Officer, read the amended copy of his letter for submittal to Mrs. Diel regarding improvement of Johnson Avenue and d Sydney Street. ►�j Councilman Donald Q. Miller asked what the Council's policy had been prior to the development of the McAllen Heights Tract, insofar as paving access streets to the subdivisions. Administrative Officer Miller stated that in the case of the Hagen Tract, the subdivider paid for all the paving on Sydney Street from Johnson Avenue to the tract boundary on Augusta Street. Councilman Donald Q. Miller also asked should not circulatory water systems be placed in all subdivisions. Mr. Thompson, Water Superintendent, stated that he always recommends a circulatory system within the city limits. Councilman Miller asked why wasn't an 8" circulatory main placed on Sydney Street to serve the McAllen Heights Tract, and if it were put in who had to pay for it. Administrative Officer, Miller, stated that the usual procedure was to have the subdivider put the circulatory system in and be refunded by adjoin- ing property owners when they hooked up. On motion of J. Barry Smith, seconded by Kenneth W. Jones, the letter as presented by Administrative Officer Miller was forwarded to Mrs. Diel. AYES: Kenneth W. Jones, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters' NOES: Donald Q. Miller ABSENT: None 6. Request of Councilman Donald Q. Miller for reconsideration by the Council of a Resolution Seeking Equitable Distribution of County Government Costs Relating to Special Needs of Unincorporated Urban-Areas. Mr. Harold Miossi appeared before the Council on behalf of the Farm Bureau On motion of Donald Q. Miller, seconded by Gerald W. Shipsey, RESOLUTION NO. 569 (1959 Series), "A Resolution Seeking Equitable Distribution of County Government Costs Related to Special Needs of Unincorporated Urban Areas" was passed and adopted. 1:s regarding expenditure by the County Board of Supervisors of County General Funds to the and that the Board of special Supervisors needs of the unincorporated-urban-areas were aware of this problem. He urged ' the City of San Luis Obispo to join the other incorporated cities of the county in urging a study of this matter. On motion of Donald Q. Miller, seconded by Gerald W. Shipsey, RESOLUTION NO. 569 (1959 Series), "A Resolution Seeking Equitable Distribution of County Government Costs Related to Special Needs of Unincorporated Urban Areas" was passed and adopted. 1:s rJUL 1959 AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters NOES: None ABSENT:None 7. Communication from David F. Romero, City Engineer, regarding unauthorized sewer connection by Gary Haves in the Yoakum Tract... Mr. Romero reported that Mr. Hayes disconnected his sewer line at the house but that they have requested that he remove.the line to the street. Councilman Miller appeared on behalf of Mr. Hayes, that-he not be required to remove his sewer line from the street as this will cause additional hardship to this young man who is attempting to build'.a home in this area. Also, he said that this area will soon be annexed to the City and the connection will then be legal. He asked that the City not take punitive action against this individual. Mr. Miller, Administrative Officer, stated that the,City Engineer was not taking any additional action against Mr. Hayes that has not been done against other violations in the past. Councilman Miller asked that this matter be held over til July 20 so.that Mr. Hayes could be heard. 8. Traffic Committee report of May 22, 1959, and supplemental report of Maya 25, 1959, regarding downtown time limit zones and.signs -- referred to a council committee consisting of Councilman Jones and Miller, for review and report to the City Council, was held over for study. 9. Report on appointment by the Council of a Citizen's Committee to study traffic problems and one -way streets was held over. 10. Report on the status of the Cal Poly sewerage agreement was held over. 11. Communication from the Union Oil Company.regarding application for franchise within the City of San Luis Obispo was held over for study. 12. Report by the City Engineer on the condition of the pond adjacent to the College Highland Tract maintained by Morgan Flagg. After discussion by the City Council, the matter was ordered received and filed. 13. Communication from the City Planning Commission recommending rezoning in the Southwood Tract, Laurel Lane and Johnson Avenue, on the Council initiated request. The Council discussed this matter at some length, particularly in view of the adoption of Ordinance No. 111. Mr. Flagg appeared before the council and stated for their information that he had retained an architect, Mr. John Ross, to begin preliminary studies .and surveys for the development of the C -1 -S area.in the Southwood subdi- vision, and that he was preparing several alternates for study by the Planning Commission. Mr. Flagg further stated that he would agree with any decision..that the Council made relative to the new proposal of the Planning Commission. On motion of J. Barry Smith, seconded by Gerald W. Shipsey, it was decided that the Council take no action on the.recommendation of the Planning Commission on this Council initiated rezoning: . AYES: J. Barry Smith, Gerald W. Shipsey, Fred M. Waters NOES: Donald Q. Miller, Kenneth W. Jones ABSENT: None aTITluI: 1. Councilman Shipsey asked Police Chief Schofield to.look into the noise on Sundays and Holidays at the Safeway Packing Lot which is being used for small racing cars, apparently without.mufflers,•.which is anngying to the residents in the area. Chief Schofield stated he would contact the manager of the Safeway Store property. t 1 JUL 6 9959 2. Councilman Donald Q. Miller requested that the city look into the matter of the lack of gutters and downspouts on the buildings in the old corporation yard on Santa Barbara Avenue as they are spilling water onto adjoining properties. 3. Communication from the Planning Commission recommending favorable action on a proposed rezoning from R -1 to R -3 at the corner of California Blvd. and Phillips Lane: ' ORDINANCE NO. 123 (1959 Series), "An Ordinance Amending Section 9200.5 to Rezone from R -1 to R -3 Property on California Boulevard" was introduced and passed to print 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, Fred M. Waters NOES: None ABSENT: None `Z 4. Progress report was presented on the Whale Rock Project for May, 1959 and G M filed. . Y 5. Communication from Joe Warna ieris appealing to the Council the decision � g� PP g O-Z of the Planning Commission to install curb, gutter, and sidewalk as a condition of a variance granted for his property on Pismo Street and Johnson Avenue. Mr. Warnagieris stated that the reason for his appeal was that a portion of this property cannot be improved due to the abutments of the Johnson Avenue bridge, and requested that some aid be given him by the City so that he may develop this property. After some discussion by the City Council, the matter was referred to Mr. Romero, City Engineer, to try to arrive at an equitable agreement with 1 Mr. Warnagieris to comply with the variance and also to protect the City property at the bridge. On motion of Kenneth W. Jones, seconded by Donald Q. Miller, the meeting adjourned to Monday, July 13, 1959, at 7:30 P.M. July Accepted this 20th day of hapi 1959 City Clerk 1 1705