HomeMy WebLinkAbout09/08/1959SEP 8 1959
COUNCIL MINUTES
September 8, 1959 - 7:30 pm
The City Council met in regular session with Mayor Fred M. Waters presiding.
Roll Call: Present: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey,
Fred M. Waters
Absent: J. Barry-Smith-
minutes for the meeting of August 17, 1959 were approved as read.
Claims againt the City for the month of September, 1959 were approved on motion of
Kenneth W. Jones, seconded by Gerald W. Shipsey, subject to the approval of the
Administrative Officer.
VOW
City Clerk reported on bids.received and opened for-reconstruction of the Marsh
Street Crossing as follows:
HI -WAY CONTRACTORS INC.
o-'
Santa Maria, California - - -- $ 71918.60
MADONNA CONSTRUCTION CO.
San Luis Obispo; California- $ 9;106.30
Mr. Miller, Administrative Officer, recommended that the low bid of Hi -Way Con-
tractors be accepted. On motion of Kenneth W. Jones,_seconded
by Gerald W.
Shipsey, the low bid for.$7,918.60 was..accepted.
City Clerk reported on bids-'received and opened for furnishing one fire truck to
the City as per advertised specifications:
'
MACK TRUCKS INC. Bid Price (FOB San Luis Obispo excluding
Los Angeles =Federal excise taxes)--- - - - - -- .$
29,929.64
delivery from rcpt 'Calif.'Sales Tax 4% ------------ - - - - --
1,197.19
of order, 160 days Net Cost to City---------------- - - - - -- $
31,126.83
*Alternate Bid Bid Price (FOB San Luis Obispo excluding
(276 HP Thermo- Federal Excise Taxes------------ - - - - -- $
27,529.64
dyne Engine) Calif. Sales Tax 4% ------------ - - - - --
11101.19
Net Cost to City---------------- - - - - -- $
28,630.83
CROWN BODY & COACH BID Price (FOB San Luis Obispo excluding
Los Angeles Federal Excise Taxes)- =---------- - - - - -- $279453.16
delivery•from rcpt Calif. Sales Tax 4-m---------- --- -- - --
1,098.13
of order, 180 days Net.Cost to City----------------- - - - - -- $
28,551.29
ALBRO FIRE EQUIP. Bid Price (FOB San Luis Obispo excluding
Los Angeles Federal Excise Taxes)----------- - - - - -- $
27,934.16
Delivery from rcpt California Sales Tax 4% ---=---- - - - - --
1,117.37
37
of order •180 days Net Cost to City
292051.53
SEAGRAVE- HIRSCH INC Bid Price (FOB San'Luis Obispo Exclud-
Los Angeles ---
ing Federal Excise Taxes)-- -- - ----- $
28,950.00
delivery from rcpt CaliforniacSales -Tax--- ---- -----------
1,158.00
1
of order, 175 days Net Cost to City-------------- --- ----- $
30,108.00
Mr. Miller, Administrative Officer,-requested that the Council
delay consideration
of the fire truck bids until he and Fire Chief Schlobohm.had an opportunity to
analyze the bids. Further, Mr. Miller requested permission for the Fire Chief and
himself to visit several Southern California fire departments
to check on the
specifications of the truck in the low bid. On motion of Kenneth W. Jones,
seconded by Donald Q. Miller, the request was granted.
2-06 5EP 8 1959
RESOLUTION NO. 579 (1959 Series), "A Resolution Increasing the 1959 -60 Budget'
(adding Kalloch Inspection Fees) 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, Gerald W. Shipsey, Donald Q. Miller, Fred M. Waters
NOES: None:;•:::
ABSENT.: J::Barry Smith
COMMUNICATIONS
1. Communication from the State Compensation Insurance Fund announcing induction
in the -rates of the city's compensation insurance for the fiscal year
1959 -60 was received and filed.
2. Communication from the Native Sons of the Golden West announcing the annual
Admission Day ceremonies to be held Sunday, September 13, 1959 was re-
ceived and filed.
3. Communication received from Mel Smith Chevrolet protesting the payment of.
penalties on their delinquent license, which was paid five (5) days later.
Request denied on motion of Donald Q. Miller, seconded by Kenneth W. Jones.
7:35 PM. At this time Councilman Dr. J. Barry Smith arrived.
4. Communication from Sears, Roebuck &"Company (local store) regarding traffic
problem at the exit from their parking lot onto Marsh Street and suggest-
ing possible solution -- referred to theTYaffic Committee.
5. Communication from R. C. Skinner requesting annexation to the City of San Luis
Obispo of the tract of land on French Road formerly owned by Fred Johnson
was presented. City Clerk was instructed to notify Mr. Skinner of the
necessity of a formal petition requesting annexation.
Also received was a communication from City Attorney Houser regarding steps
to be taken in reference to the above annexation and Order of the - County
Boundary Commission approving the annexation.
6. Request of the San Luis Obispo Firemen's Association to hold their Fourteenth
Annual Fireman's Dance on September 12, 1959 was approved by the Council.
PUBLIC HEARINGS - 8:00-PM
ORDINANCE NO. 131
At this time- the Mayor declared the. public bearing open on the adoption
of Ordinance No. 131-(1959 Series), "An Ordinance Levying a Tax Rate
for the Fiscal Year 3959 -60 on All Taxable Property Within the City of
San Luis Obispo."
Councilman Miller.asked if the City could exist on the present rate and
if adequate services were being given by the City to the public on the
present tax rate. .Further, Councilman Miller asked the various department
heads if they wereentirely satisfied with the amount of money•granted for
their departments for operation. He was also concerned with the possiblity
of a sudden increase as had happened with the City School system, instead
of a series of gradual increases -over a period of years.
Discussion followed, and Administrative Officer Richard D. Miller-stated
that with the guidance of the Council and good management by the depart-
ment heads and administration, there should be no need for wide fluctua-
tions in the tax rate from year to year. However, the matter was entirely
within the provinces of the Council's policy making authority, and the
budget, as approved by the Council, could be adequately financed by the
$1.50 rate.
On motion of Kenneth W.'Jones, seconded by J. Barry Smith, Ordinance No.
131 was finally passed on the following roll call vote:
1
1
au- 0 1,959
AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey,
J. Barry Smith, Fred M.'Waters
NOES: None
ABSENT: None
ORDINANCE NO. 132
' The Mayor declared.the hearing open on Resolution.No. 578 (1959 Series),
"A Resolution of Intention to Grant Franchise to Union Oil Company of
California."
After some-discussion by.the Council,.ORDINANCE NO. 133 (1959 Series), "An
Ordinance of the City Council of the City..of San Luis Obispo Granting to
Union Oil Company of California, A Corporation, its Successors and Assigns,
the Franchise and Privilege from Time to'Time to Construct, Maintain,
Operate, Renew, Repair, Change the Size and Number of and Remove Pipelines,
Together with Telephone, Telegraph and Electrical Power Lines Necessary
or Convenient for the Grantee's Business, Ian, Under, Over, Along or Across
any. and all Public Streets, highways and OtHer Public Ways Nor or Hereafter
Dedicated to Public Use in the City of San Luis Obispo," was introduced
and passed to print on motion of Gerald W. Shipsey, 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
ORDINANCE NO. 134 (1959 Series)
At this time the Mayor declared the public hearing open on Ordinance No.
' 134 (1959 Series), "An Ordinance Amending the Municipal Code by Adding
Chapter 5 Article VI Pertaining to Closing Out Sales."
Mt. Emmons Blake, representing the Chamber of Commerce, asked if-the
suggestions of R. Harris, Attorney, were considered in the new ordinance.
Mr. Houser, City Attorney, stated that he had contacted Mr. Harris and
had gone into the various suggestions and that many of them were incor-
porated in the new ordinance and some eliminated entirely. He believed
that the ordinance met with all parties' approval..
On motion of Donald Q. Miller, seconded by Kenneth W. Jones, the ordinance
was finally passed on the following roll call vote:
9
At this time MayorWaters declared the hearing open on Ordinance No.
132 (1959 Series), "An Ordinance Rezoning From R -2 to
C -1 a Portion
of Lot 4, Block 11, Weill's Addition."
There being no comments or discussion from the floor,.Ordinance
no.
132 was finally passed and adopted'on motion of J. Barry Smith, seconded
by Kenneth W. Jones on the following roll call vote:
AYES: Kenneth W. Jones, Donald Q.'Miller, Gerald
W. Shipsey,
J. Barry Smith, Fred M. Waters
NOES: None
ABSENT: None
ORDINANCE NO. 135.. 4
M
.;
The Mayor declared the hearing open on Ordinance No.
135 (1959 Series),
Q
"An Ordinance of Intention to Abandon a Portion of Morro Street,"
There being no comments or discussion from the floor,
Ordinance No. 135
was finally passed and adopted on motion'of Donald Q.
Miller, seconded
by J. Barry Smith on the following roll callvote:
AYES: Kenneth W. Jones, Donald Q. Niller, Gerald
W. Shipsey,..
J. Barry Smith, Fred M. Waters
NOES: None
ABSENT: None
RESOLUTION NO. 578
' The Mayor declared.the hearing open on Resolution.No. 578 (1959 Series),
"A Resolution of Intention to Grant Franchise to Union Oil Company of
California."
After some-discussion by.the Council,.ORDINANCE NO. 133 (1959 Series), "An
Ordinance of the City Council of the City..of San Luis Obispo Granting to
Union Oil Company of California, A Corporation, its Successors and Assigns,
the Franchise and Privilege from Time to'Time to Construct, Maintain,
Operate, Renew, Repair, Change the Size and Number of and Remove Pipelines,
Together with Telephone, Telegraph and Electrical Power Lines Necessary
or Convenient for the Grantee's Business, Ian, Under, Over, Along or Across
any. and all Public Streets, highways and OtHer Public Ways Nor or Hereafter
Dedicated to Public Use in the City of San Luis Obispo," was introduced
and passed to print on motion of Gerald W. Shipsey, 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
ORDINANCE NO. 134 (1959 Series)
At this time the Mayor declared the public hearing open on Ordinance No.
' 134 (1959 Series), "An Ordinance Amending the Municipal Code by Adding
Chapter 5 Article VI Pertaining to Closing Out Sales."
Mt. Emmons Blake, representing the Chamber of Commerce, asked if-the
suggestions of R. Harris, Attorney, were considered in the new ordinance.
Mr. Houser, City Attorney, stated that he had contacted Mr. Harris and
had gone into the various suggestions and that many of them were incor-
porated in the new ordinance and some eliminated entirely. He believed
that the ordinance met with all parties' approval..
On motion of Donald Q. Miller, seconded by Kenneth W. Jones, the ordinance
was finally passed on the following roll call vote:
9
SEP- 8 1959.
AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey,
J. Barry Smith, Fred M. Waters
NOES: None
ABSENT: None
PROPOSED SIGN ORDINANCE
At this time the Mayor declared the public hearing open on the.adoption
of the proposed sign ordinance of the City of San L*is Obispo. .
Mr. Seth Kinney, Building Inspector, presented a new sign ordinance in-
corporating his objections to the former proposed ordinance and.his 1
suggestions for a new ordinance.
Mr. Kinney then proceeded to read and explain the changes that he has
requested for this ordinance.
Mr. Jack Freeman appeared before the Council, and referring to the origi-
nal proposed ordinance, requested consideration that the.words "or paint-
ing" in Section 7 be deleted.
Doc Freeman questioned the right of the City to decide on -the esthetics
of signs which are being painted or placed on buildings.
A discussion of zoning requirements by.the City Attorney followed, re-
garding signs on appurtenant.uses, etc.
Jack Freeman, referring to the original proposed ordinance, asked that
paragraph 11, Section 8 be added exempting signs painted on a building or
renewing said sign.
Carlos Moerman, City Neon, protested the wording in Section 21 (a) stat-
ing that in a commercial zone, anyone who had wall space should be able
to use it to advertise anything he so desires and not be limited to the
business carried on in the building. Also, he protested all of Section
27 regarding marquee signs, stating these regulations were too restricted
and would prohibit a decent marquee sign anywhere in town.
Jack Freeman suggested the following:
Section ll'(a) (1) - that signs be 12 square feet in area..•-
Section 11 (a) (2) - that signs be 6 square feet in area.
Section 21 (b) - that the following be added: "appropriate
material may be used in fire zone one."
Also, Mr. Freeman questioned the fees in Section 7, stating_ that fees based
on a square foot method could become exhorbitanttfor large'signs.
Doc Freeman protested fees and inspection fees as being completely out of
line.
Mayor Waters suggested that the sign people and city administration get to-
gether and work out what appear to be minor problems and being back a
workable ordinance in 30 days.
Councilman Smith suggested that this group is not too far apart and that
15 days should be enough to arrive at an equitable agreement.
Mayor Waters thanked Mr. Emmons Blake who was chairman of the Citizen's Sign
Committee for his work on this project.
7. Claim on behalf of Jane Diel was filed against the City for alleged injuries
to person and property in the amount of $27,100 was received and filed.
8. Minutes of the City Planning Commission meetings of August.20, August 21, and
September 1; 1959 were received and filed.
9. Mr. Miller, Administrative Officer, announed the promotion of the following
members of the Police Department effective September 1, 1959:
i
1�tH 6 195 200
Sgt. Malmen to Lieutenant, and Officer Bishop to Sgt.
Councilman Miller asked if any of the officers taking the exams for Lieu-
tenant or Sargeant had actually passed the written examination.
Mr. Miller, Administrative Officer, stated that after adjustments determined
by the State Personnel Board, seven out of ten had passed the examina-
tion for sargeant, and two out of five for lieutenant.
Councilman Miller, asked "why all contestants had not been invited to partici-
pate in the oral examination.
' Administrative Officer Miller pointed out the City's policy of inviting
only those who pass the written examination to take part in the oral.
This was in accordance with accepted personnel practice and had been
followed'for many years.
Councilman Miller questioned the Administrative Officer 6n other details.
in connection with the competitive examination process.
t4 10. Mr. Romero. City Engineer, presented a map showing the proposed extension
of Cerro Romauldo to Patricia Drive. He explained that in the second
;rr McMillan Subdividion the street and utility services had been extended
r
so that Cerro Romauldo could go through to Patricia Drive.
Mr. Romero also explained that the city had purchased a parcel of land
west of Patricia for extension through to Rosita Street. Mr. Romero
stated that Mr. Paul Rich, Realtor, requested a permit to.construct
a building in the area for the proposed street extension, and that his
office had denied the permit.
Mr. Houser, City Attorney, explained the legal steps necessary to be taken
in establsihing this a s a city street, which was that the City Council
should establish a policy that Cerro Romauldo was to be extended to
PatfitiA Drive and had so planned for this extension.
On motion of Donald Q. Miller, seconded by Gerald W. Shipsey, it was moved
that the City Council's policy was to have Cerro Romauldo extended
westerly to Patricia Drive,
11. Request of Mr. Miller, Administrative Officer, for permission to advertise
for bids for the construction of the fence at the sewer plant was
approved on motion of Gerald W. Shipsey, seconded by J. Barry Smith.
Request of Administrative Officer Miller to advertise for bids for construc-
tion of Foothill Boulevard Traffic Signals at Chorro Street and Tassa-
jara Drive was approved on motion of J. Barry Smith, seconded by Kenneth
W. Jones. Mr. Romero, City Engineer, presented plans and specifications
for the Council's information on the above project.
12. The following contract payment was approved on motion of Kenneth W. Jones,
seconded -by Gerald W. Shipsey:
L E Webb Constr Co - Water System Improvements - Estimate #4 - $122267.41
13. Communication presented from the City Planning Commission reporting the denial
of the request for rezoning by F. E. McNamara from R -1 to C -2 of that
portion of the Steiner property across Highway No. 1 opposite College
Square Shopping Center. Public hearing set for September 21, 1959 at 8 PM.
14. Communication received from the City Planning Commission recommending favor-
able consideration by the Council of the rezoning from R -1 to C -1 -S of a
—. portion of the property of the Madonna Inn adjacent tothe freeway and
French Road. Public Hearing set for September 21, 1959 at 8 PM on motion
of Donald Q. Miller, seconded by J. Barry Smith.
15. Communication received from the City Planning Commission reporting:'.the denial
of the request.of Mrs. Joyce G. Williams for a rezoning of her property
from R -1 to R -3 on Foothill Boulevard.
SEP 8 1,959
16. Communication from the City Planning Commission received and fiied which
recommended to the City Council.favorable consideration of the final map
of Tract 179. (John H. Bowen)
17. RESOLUTION NO. 580 (1959 Series), "A Resolution Accepting Final Map of Tract
No. 179 Bowen.Subdivision" was passed and adopted on motionzof J. Barry
Smith, seconded by Kenneth W. Jones on the following roll call vote:
AYES: Kenneth W. Jones, Donald Q. Millers Gerald W. Shipsey,
J. Barry Smith, Fred M. Waters
NOES: None '
ABSENT: None
OLD BUSINESS
1. Communication from Flagg- Condiotti requesting that Tract 133, College High-
lands be accepted by the city.
RESOLUTION.NO. 581 (1959 Series), "A Resolution Accepting Tract No.-133
College Highlands" 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
2. Proposed sidewalk ordinance referred to Councilman Jones' committee was held
over.
3. Proposed minimum design standards for subdivisions referred to Councilman
Jones' committee was held over.
4. The following Resolutions were introduced and passed by the Council:
RESOLUTION NO. 582 (1959 Series), "A Resolution Prohibiting Early Morning
Parking in Downtown Area" 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
RESOLUTION NO. 583 (1959 Series), "A Resolution Changing 10 Minute Parking
Zones to Twelve Minute Parking -,Zones" was passed and adopted on motion of
Gerald W. Shipsey, seconded by Donald Q. Miller on the following roll call
vote:
AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey,
J. Barry Smith, Fred M. Waters
NOES: None
ABSENT: None
RESOLUTION NO. 584 (1959 Series), "A Resolution Designating Downtown Business
Area as Two -Hour Parking Streets" 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
5. Proposal of D. Jackson Faustman to update the 1957 Report on one -way streets
which was referred to the Citizens' Committee on Dcw ntown Traffic Congestion
for recommendation was held over.
s E P 8 19551 211
6. Communication received from the Citizens'o Laguna lake Committee request-
ing that the City Council retain a qualified consultant to prepare a
master plan of the Laguna Lake area.
Mr. Miller, Administrative Officer, was instructed to contact Larry Wise
Of Hahn, Wise and Barber, to discuss the matter of a master plan for the
Laguna Lake area and its relationship to the overall general plan being
completed by the city. After discussion with Mr. Wise, Mr. Miller was to
contact the Council prior to any contact with a consultant for the job.
ADDENDA
1. Councilman Shipsey presented for the Council's consideration, an agreement
between the City of San Luis Obispo and the Chamber of Commerce for the
year 1959. On motion of J. Barry Smith, seconded by Kenneth W. Jones that
the city enter into such an agreement and that the Mayor be authoized to
sign, motion carried with Councilman Miller voting no.
Mr. Fraser, Planning Director, was instructed to cooperate with the property
owners requesting annexation and to proceed with the description of the prop-
erty to be annexed and to have the plan returned for presentation to the
Boundary Commission for their consideration and then proceed with the legal
steps necessary as soon as possible.
On motion of Kenneth W. Jones, seconded by J. Barry Smith, the meeting adjourned.
Approved this 21st day of 4eptemb.er,1959,.
City Clerk
2.
Mr. Romero, City Engineer, reported to the City Council on his contact with
Mrs. Dolly Adams regarding trees on Kentucky Street which have been causing
:r
damage to the city sewer system. Mr. Romero stated that Mrs. Adams was wil-
ling to have thetrees removed, but that she did not wish to pay for new
trees to be planted.
Mr. Romero recommended that the trees be removed and not replanted by the
City in order to save the recurring costs in repairing the sewer lines.
Motion was made by,Kenneth W. Jones, seconded by Donald Q. Miller that the
city remove the trees and that they not be replanted.
3.
Communication from Mr. Ernest J. Block, 2049 Sierra Way, requesting cancel-
lation by the Council of delinquent taxes on a portion of his property which
was not taken for street purposes when Sierra Way was extended. After dis-
cussion by the Council, it was moved that the request be denied on motion of
Kenneth W. Jones, seconded by Gerald W. Shipsey.
4.
Motion was made by Councilman Smith and seconded by Councilman Jones that
a study session be held at 5:30 PM on September 21, 1959, to be held by the
Council.
5.
Mr. Lacey Lambreth, appeared before the Council and asked that they proceed
with the annexation of areas A & B on therecommended map as rapidly as
possible, a' it did not appear that area C & D would be successful if placed
for annexation.
Mr. Fraser, Planning Director, was instructed to cooperate with the property
owners requesting annexation and to proceed with the description of the prop-
erty to be annexed and to have the plan returned for presentation to the
Boundary Commission for their consideration and then proceed with the legal
steps necessary as soon as possible.
On motion of Kenneth W. Jones, seconded by J. Barry Smith, the meeting adjourned.
Approved this 21st day of 4eptemb.er,1959,.
City Clerk