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HomeMy WebLinkAbout04/04/1960336 1h 11. N 12. Councilman Shipsey requested permission of the Council to leave the State for a short period of time.. Request approved on motion.of..J. Barry Smith, seconded by Kenneth W. Jones. 13. Administrative Offi a bulletin from the action by the State state sales and use Council ordered the :er Miller reported to the City Council regarding League of California Cities regarding proposed Legislature-to exempt - certain items from the tax which would affect City revenues. The City communication received-and filed. 14. City Engineer Romero reported to the City Council that due to a change in personnel in his office, a contract payment for A -1 Electric, which , should have been paid several months ago, was held up and approved by the Council at the last meeting, to be paid 35 days from.that date. Mr. Romero stated that this work had been completed in sufficient time, but due to the change in personnel, the payment was not prepared in time for Council action and he asked that this payment not be held up for the full 35 days. On motion of J. Barry Smith, seconded by Kenneth W. Jones, the request of the City Engineer was approved and the final payment authorized to A -1 Electric immediately. On motion of Kenneth W. Jones, seconded by Gerald W. Shipsey, the meeting adjourned at 10:15 P.M. Approved this 4th day of April, 1960.' tity Clerk CITY COUNCIL MINUTES April 4, 1960 - 7:30 P.M. CITY HALL The City Council met in regular session with Mayor Fred M. Waters presiding. Invocation: Reverend Havens, Presbyterian Church ROLL CALL: Present - Councilmen Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters Absent - None CITY STAFF PRESENT: City Engineer Romero, Administrative Officer Miller, City Attorney Houser, Fire Chief Schlobohm, Police Chief Schofield, Planning Director Abraham, Park and Recreation Superin- tendent Flory, Water Superintendent Thompson and City Clerk Fitzpatrick. Minutes for the regular meeting of March 21, 1960 were approved as ' presented. Claims Against the City for the month of April, 1960, were approved on motion of Kenneth W.-Jones, seconded by Donald Q. Miller, subject to the approval of the Administrative Officer. APR 4 1960 33'7 RESOLUTION NO. 655 (1960 Series), "A Resolution•Increasing the 1959 -60 Budget" (Skinner Inspection Fees) was passed and adopted on motion of Gerald W. Shipsey, 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 RESOLUTION NO. 656 (1960 Series), "A Resolution Increasing the 1959 -60 ' Budget" (Police Travel and Meeting Expense) was passed and adopted 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 The City Clerk reported on bids received and opened for construction of PARKING LOT #5 as follows: HI WAY CONTRACTORS Santa Maria, California ---------- - - - - -- $129112.50 MADONNA CONSTR. CO. San Luis Obispo, California ------ - - - - -- 14,986.85 GENERAL ENGINEERING & CONSTR. CO. (Thomas E. Baumberger, owner) ---- - - - - -- 109322.55 San Luis Obispo, California TED WATKINS San Luis Obispo, California ------ - - - - -- 12,613.82 - R. D. Miller, Administrative Officer, reported to the Council regarding the drainage easement for Parking Lot #5, which has not yet been acquired by the City. He suggested that possibly the City would like to hold the award of the contract until the easement has been acquired. Mr. Romero, City Engineer, explained that he had come to agreement with the property owners and their attorney, but that the easement had not.yet been granted, After some discussion by the City Council, it•was moved by J. Barry Smith, seconded by Donald Q. Miller, that the low bid be accepted, tentatively, subject to the condition that the necessary easements will be executed prior to the actual award of the contract. City Attorney, William M. Houser, requested authorization to retain an appraiser to prepare a report for the PEZZONI CONDEMNATION. Mr. Houser explained to the Council the reasons for his request for per- mission to get quotations from an appraiser to appraise this property. - On motion of J. Barry Smith, seconded by Kenneth W. Jones, the request was granted, and the City Attorney was authorized•to get proposals from the local appraisers. ICOMMUNICATIONS 1. Mr. Elliot Freeman, representing the State Compensation Insurance Fund, appeared before the City Council and announced that the City had re- ceived a dividend check in the amount of $5,683.27, or a savings of 49.5% for the policy year ending July 1, 1959. Mr. Freeman complimented the staff of the City for achieving this safety record with the help of the Safety Committee. 2. Communication from the California State Department of Finance, certifying the new estimated population for the City as of March 1, 1960, to be 20,200 was received and filed. F6VK.4 RJbU 3. Communication from;A. F. Janes Testing Laboratory,, submitting prices to cover inspection and incidental laboratory work required on San Luis Obispo subdivisions. City Engineer Romero explained the reasons for requesting authority to retain Mr. Janes to aid in the-subdivision inspection in the City, due to the pressure placed on the small City staff. Mr. Romero stated these inspection charges will be paid for by the subdivider and not by the City, and that the City would receive a better and closer inspection on subdivisions, thereby assuring a better quality of subdivision con- struction, and therefore less City maintenance cost in the future. ' The Council discussed the proposal of A. F. Janes, as presented by Mr. Romero, but requested that additional information on the proposal, with regard to present moneys being expended for inspection and moneys being returned to the subdividers be presented to the Council; also, the possibility of additional quotes from other engineers. On motion of J. Barry Smith, seconded by Donald Q. Miller, the matter was held over for receipt of the additional information. 4. ORDINANCE NO. 156 At this time the Mayor declared the hearing open on the final adoption of Ordinance No. 156 (1960 Series), "An Ordinance Approving Annexation of Certain Uninhabited Territory Designated 'Johnson Annexation' to the City of San Luis Obispo." There were no written protests presented. The Mayor asked the subdivider, Mr. Skinner, if he, at the present time, had.a commitment through adjoining properties for sewer lines and, if not, would he expect the City to condemn a right -of -way for the use of his subdivision. Mr. Skinner answered that he was attempting to acquire a right -of -way through the adjoining property for his sewer line, but at this time , could not report that he was successful. Mr. Skinner said if.he.can- not acquire the right -of -way, he will expect that the City condemn the right -of -way at his expense, with no expense to the City. There being no more discussion, the public hearing was closed and Ordinance No. 156 finally passed on motion of J. Barry Smith, seconded by Donald Q. Miller 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 8 P.M. - PUBLIC HEARING SIDEWALK REPAIR At this time Mayor Waters declared a public hearing on.notices of the Superintendent of Streets for sidewalk repairs under the 1911 Improve- ment Act. Mr. Stan Nelson appeared before the City Council protesting what he believed was an excessive charge for sidewalk repair and also pro- tested the short period of time which was allowed by the City from first notice until the work was done. There being no further comments, the hearing was closed. RESOLUTION NO. 657 (1960 Series), "A Resolution Establishing Liens on Certain Property for Sidewalk Repairs Under the Improvement Act of 1911" was passed and adopted on motion of J. Barry Smith, seconded by Kenneth W. Jones on the following roll call vote: AFI' 4-. VJOU AYES: Kenneth W. Jones, Donald Q. Miller,..Gerald W. Shipsey, J. Barry Smith, Fred M. Waters NOES: None ABSENT: None INDUSTRIAL ANNEXATION At this time the Mayor declared a hearing open on Resolution No. 633 (1960 Series), "A Resolution Giving Notice of Proposed Annexation to City of San Luis Obispo of Uninhabited Territory Described Herein and Designated 'Industrial Annexation,'. and Giving Notice of Time and Place -for Hearing of Protests Thereto." The City Clerk read the following letters of protest to the annexation: "Although I.hope to be able to personally protest the proposed annexation of our.property into the city when the Council meets on April 4, I am making this protest in writing to comply with the requirements of the law. "I therefore protest the proposed annexation into the City of San Luis Obispo any or all of the property described in Q the records of the county as Lots 116, 117 and 118, San Luis Obispo Suburban Tract, and owned by Peter and Flora A. McMillan. "If I were to record here all the reasons I am opposed to this annexation it would require several sheets of paper, but the two principal reasons I feel as I do are these: "Firstly, this is being done without.anyone saying one word about the annexation directly to us, and particularly 'so when our place has been cut in half and only part of it included in this proposal. Action of this.kind doesn't ' even meet the minimum requirements of decency and common courtesy. "Secondly, the manner in which the eastern boundaries of.. the annexation were drawn, purposely leaving out several families for no other reason than that they can vote is thoroughly and completely dishonest. This maneuver, of course, also denies the five of us in our house the right to vote on a matter which is of the most vital concern to all of us.. The promoters of this scheme have thus arbitarily denied the right of several more than twelve,.both inside and outside the boundaries of the proposal, their funda- mental, constitutional rights as citizens. It is undemo- cratic and un- American, and cannot be justified by any ethical or moral standards. "I cannot believe that the City Council, or any other legislative body, is obligated to approve a proposal such as this, even though it may be legal, when it is done in such a manner that it offends any reasonable moral sentiment.? Phillip W. _McMillan "Receipt is acknowledged of notice of Resolution No. 633 proposing annexation of certain property to the City of ' San Luis Obispo. "The undersigned respectfully protests such annexation and in connection therewith states as follows: "That she is the owner of Lots 97, 101; 111 and 112 of the Suburban Tract in San Luis Obispo County, California. "That such property is used for farming purposes and that the owner has not present intent of any other use for said property." Blanch Barbour Barney (Mrs. Fred H. Barney) APK 4 IybU Mr. Romero, City Engineer, presented a map of the annexation, showing boundaries and�the properties owned or controlled by-the protestants. Mr. Les Kamm, Chairman of the Chamber Industrial Committee, appeared before the Council urging that the annexation be approved as the com- munity had a great need for industrial land adjacent to the City for development to industrial uses. He said also that the Chamber had been receiving many requests for industrial sites, but that the property developers required that the development be in the City in order to take advantage of the fire and police protestion and sewer and water utilities. Mr. Phillip McMillan appeared before the City Council representing his parents, Peter and Flora McMillan, protesting the annexation, the methods used by the proponents, and the methods used by the City in bringing this annexation to its present status. Mr. McMillan stated that at no time had any member of the Chamber of Commerce, or the Industrial Committee, or other proponent ever talked to him or his family regarding the annexation. Mr. Les Ramm again appeared before the Council stating that he did not wish to belabor the point, but that Mr. McMillan must have forgotten the time that he personally contacted Mr. McMillan regarding annexa- tion to the City during the present annexation. There being no further comments, the Mayor closed the hearing. ORDINANCE NO. 160 '(1960 Series), "An Ordinance Approving the Annexation of Certain Uninhabited Territory Designated ' Industrial Annexation °.to the City of San Luis Obispo" was introduced and passed to print on motion of J. Barry Smith, seconded by Gerald W. Shipsey on the following roll call vote: AYES: Kenneth W. Jones, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters NOES: Donald Q. Miller 1 ABSENT: None 5. The City Clerk read the request of the San Luis Garbage Co. for increase in rates, dated March 4, 1960. City Attorney Houser explained to the Council the procedure required to amend the garbage rate ordinance if the Council desired to proceed with a change in rates. Councilman Shipsey asked if this were the proper time for the City to discuss an increase in the franchise payment presently paid by the garbage company to the City of San Luis Obispo. Mr. Houser explained to the Council that the franchise rate could be amended by mutual agreement and could be considered with the request for collection rate change. Councilman Shipsey stated he had not personally had an opportunity to study the amended financial statements of the garbage company and urged that the matter be held over for study unless the other councilmen were ready to proceed at this time. It was the consensus of the Council that a study session be held:_to_-.:: 1 ' discuss this proposal. Mayor Waters set 7:30 P.M., Monday, April 11, 1960, as the time this matter will be considered. Administrative Officer Miller requested permission of the Council to have the independent auditors for the City for this year look at the financial records for guidance of the Council. 9:05 P.M. - The Mayor declared a recess. -9:20 P.M. - The meeting reconvened with all members present. 'APR 4 Ibbu i. 341 6. Communication from the City Planning Commission regarding the Foothill Boulevard Plan Line as it applies to the new shopping - development, including the Bank of America. "With regard to the construction of the new Bank of America facilities in the College Square Shopping area, the Planning Commission has been informed that curb, gutter and sidewalks will not be installed in accordance with the plan line set for Foothill Boulevard at this time. "The Commission considers this property as a key to the ' success of the plan line program in this area. The Com- mission further feels that if the parking facilities are allowed to be constructed at this time without the dedi- cation of the necessary widening strip and the installation of curb, gutter and sidewalk, it-will set the plan line program back a year or more, the reason being that it would then be necessary to remove existing facilities later on, thus hampering customer access to the parking area during construction. r..a ;v "It is therefore respectfully requested by the City Planning r-"^J Commission that the City Council give immediate consideration to ways and means of acquiring this portion of the Foothill Blvd. plan line right -of -way during or before this initial construction of the proposed development." Councilman Shipsey suggested the possibility be explored with the Property owners to acquire this property for setback to plan line width. Mayor Waters asked Morgan Flagg, the developer, if he would donate this land for street widening purposes. Mr. Flagg stated that he, at one time, had offered to dedicate the necessary right -of -way for theiplan line wideningeifaghe:City 776u1,d-a1low_ diagonal- .parking 1 on the plan line area until the full width of the street was developed to plan line width. Further, upon questioning by the Council, Mr. Flagg stated that due to change of plans of builders and tenants in the shopping center, he could not at this time continue his offer of dedication for street widening. Councilman Donald Q. Miller stated that it appeared to him that this problem killed the plan line program on Foothill Boulevard-and further, he criticized the city staff for not bringing this problem to the Council before this date when the development-was being put in with- out street widening. The above matter was referred to a Council study session on Monday, April 11, at 7:30 P.M. 7. Mayor Waters requested consideration by the Council to amend the _18nine ordinance to add the "S" classification to all "C" areas so that no construction or development may take place without first applying for a use permit to the Planning Commission. Councilman Miller and Shipsey stated that this matter should not be considered by the City Council first, but should be referred to the Planning Commission and a recommendation requested from that body. It was moved by Donald Q. Miller, seconded by J. Barry Smith, that this matter not be considered by the Council and that it be dropped from the agenda. Councilman Shipsey stated that he was willing to discuss this matter with item 6 above, regarding plan lines on Foothill Boulevard. On this question, the following -roll call vote.was taken: AYES: Donald Q. Miller, J. Barry Smith NOES: Kenneth W: Jones, Gerald W. Shipsey, Fred M. Waters 3 •, ^ APR 4 196U The Mayor referred the request to a Council study session on April. 11, 1960. 8. Communication from the City Planning Commission regarding the holding zone around Laguna Lake to be requested from the County Planning Com- mission. The City Planning Commission at its regular study session of March 22,. 1960, discussed the merits of having the county establish some type of zoning around the Laguna lake area that would forestall at least t0mporarily any incompatible uses. "The Commission was informed by Mr..Hector and Mr. Wise that this type of zoning would be desirable for protection of the proposed lake development. It was notdd that the area around the lake is presently being used primarily for agri- culture and that.if this use were continued pending annex- ation and subdivision, it would do the least harm to the . lake area. This would not prevent the county.itself from releasing this zoning restriction later but would tend to preserve the integrity of the property until more intensive use of the land was actually contemplated. "It was therefore moved, seconded and.carried by the unanimous vote of the commissioners present, to recommend that the City Council request the Board of Supervisors to rezone the land within the following boundaries as an A -1 zone and further that the minimum parcel area be five (5) acres. "All of that property between French Road and Foothill Blvd. projected, and from the Los Osos Valley.Road to.a line even with the eastern boundary of the city property, and in accordance with the attached map." Upon questioning, Mr. Abraham, Planning_Director, explained the back- ground and reasoning for the Planning Commission requesting this action by the City Council regarding this holding zone. The City Council discussed this matter.and on.motion of J.-Barry Smith,. seconded by Kenneth W. Jones, the matter was tabled for further study 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 9. City Engineer Romero presented the Street Deficiency Report as required by Senate Concurrent Resolution #62. Mr. Romero.explained to the Council the areas in which deficiencies existed and the estimated cost to bring present streets up to minimum standards. He pointed out. 'that it would require an annual expenditure of $85,000 on new construction along to correct present deficiencies by 1980. RESOLUTION N0: 658 (1960 Series), "A Resolution of the City Council of the City of San Luis Obispo Adopting City Engineer's'Report on City Street Deficiencies, Senate Concurrent Resolution No. 62"' 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 10. Communication from KSBY -TV regarding request of TV Relay Systems, Inc. for franchise in San Luis Obispo area. 1 F, tjrR Sk 'i0 IV Mr. Hapgood also left a copy of Senate Bill 92653, 86th Congress of. the United States, having to do with the community antenna systems. He asked -that the City delay action until after this bill has been either passed or not passed by Congress. Mr. DeVoe, President of the TV.Relay Systems, Inc., appeared before the Council on behalf of his application for a franchise to construct a community antenna system for the City of San Luis Obispo. He stated that they were prepared to bring in five Los Angeles stations to their subscribers and the estimated cost would be $59 for instal- lation and a $4 per month service charge. He stated he was prepared to answer any questions the Council would like to put to him. The Council then discussed the proposal of Mr. .DeVoe and the objections by KSBY -TV. Mr. Hapgood then explained to the Council the economics involved in the TV business in having areas over which a separate station controls national advertising in order to receive money from the national advertisers. He stated that competition from the metropolitan Los Angeles area would, without a doubt, hurt a small station as far as national advertising was concerned. The Council questioned both Mr. DeVoe and Mr. Hapgood regarding the operation of and competition problems of the community antenna system. Mr. DeVoe stated that at the present time he did not know how many people would subscribe to his service in San Luis Obispo, but that before they started, a comprehensive survey would be necessary before construction could begin. Mr. Arthur Hapgood, Manager of KSBY appeared before.the City Council regarding the application of TV. Relay Systems, Inc. Mr. Hapgood in- troduced Charles Mitchell,.who is the Chief Engineer for KSBY, who would answer any questions of a technical nature for the Council. Mr. Hapgood presented the.following statement for consideration by the Council at this time: "In the matter of item ten on the agenda tonight (April 4, 1960) regarding the question of a community antenna franchise for the City of San Luis Obispo, it is not our intent at this time, to discuss the relative merits_ ' or disadvantages of a community antenna system for this area, but rather to point out to the council some of the vital points to be duly considered before taking any action on the granting of a franchise for a com- munity antenna system. "It is our considered opinion that any positive action by the council should be delayed until such time that action has been taken by the United States Senate on !° Senate Bill Number 2653, which, if passed, would place community antenna systems under the jurisdiction of the Federal Communications Commission. Q "It is conceivable that should the franchise be.granted at this time, the council could find itself in the position of having granted a franchise to an operation which, under the provisions of the bill, could be de- clared contrary to the public interest, convenience and necessity and denied a license for continued operation, thus making the operation of such a system. illegal. "We believe that our letter to the San Luis Obispo City Council contains the major points for consideration and that each point should be carefully considered before any decision regarding the franchise is made. "In the interest of brevity, unless there are any questions, this is the position of KSBY -TV tonight." Mr. Hapgood also left a copy of Senate Bill 92653, 86th Congress of. the United States, having to do with the community antenna systems. He asked -that the City delay action until after this bill has been either passed or not passed by Congress. Mr. DeVoe, President of the TV.Relay Systems, Inc., appeared before the Council on behalf of his application for a franchise to construct a community antenna system for the City of San Luis Obispo. He stated that they were prepared to bring in five Los Angeles stations to their subscribers and the estimated cost would be $59 for instal- lation and a $4 per month service charge. He stated he was prepared to answer any questions the Council would like to put to him. The Council then discussed the proposal of Mr. .DeVoe and the objections by KSBY -TV. Mr. Hapgood then explained to the Council the economics involved in the TV business in having areas over which a separate station controls national advertising in order to receive money from the national advertisers. He stated that competition from the metropolitan Los Angeles area would, without a doubt, hurt a small station as far as national advertising was concerned. The Council questioned both Mr. DeVoe and Mr. Hapgood regarding the operation of and competition problems of the community antenna system. Mr. DeVoe stated that at the present time he did not know how many people would subscribe to his service in San Luis Obispo, but that before they started, a comprehensive survey would be necessary before construction could begin. �4„ AVK 4 =U On motion of J. Barry Smith, seconded by Kenneth W. Jones, it was recommended that the franchise application be denied until the need for this system is shown to the Council. AYES: Kenneth W. Jones, Gerald W. Shipsey, J: Barry Smith, Fred M. Waters NOES: Donald Q. Miller ABSENT: None 11. Communication from H. Kaplan Company and Brunswick - Balke- Collender Company.asking permission to.install permanent power service to Laurel Lane Bowling Center in order to complete installation and testing of 1 bowling equipment and necessary lighting which cannot be done with temporary power presently installed. , The request for installation of permanent electrical service to the bowling alley was approved on motion of J. Barry Smith, seconded by Donald Q. Miller. 12. Mr. Kenneth Hess, Architect for Fire Station No. 3, appeared before the Council and stated that the building was progressing very nicely and that they were at least two weeks ahead of schedule on the project. Mr. Hess then explained the reasons for changing the type of roof covering as previously requested by Fire Chief Schlobohm and approved by the Council. Mr. Hess stated that the following corrections and additions had been made to this building, but that as they were mis- takes by his office staff they would be paid for by his organization. 1. Crawl hole in the rear of the building left out of the plans. 2. No water connection to the front of the building was included. Mr. Hess further stated that an additional . purchase order had been , issued for sand for foundation material for the slab floor which had been left out of the plans and specifications to be paid for by the City. Total cost.$198. 13. Communication from the Chamber of Commerce. of San Luis Obispo and the San Luis Obispo Motor Car Dealers Association requesting permission to hold an auto show on Higuera Street on April 28 from 3 P.M. to 9 P.M. Approved on motion of Donald Q. Miller, seconded by Kenneth W. Jones -- Chamber Committee to coordinate with Police Chief Schofield. 14. Communication from the County Tax Collector thanking the City Council for use of the Council Chambers for the county tax sale March 18, 1964. Received and filed. 15. Communication from the Native Sons of the Golden West thanking the City Council for use of the Council Chambers on March 18 when the county- wide public speaking contest for high school students was held. Received and filed.. 16. The following is a letter from the Citizens' Committee on Downtown Traffic Congestion regarding study on improving street alignment in vicinity of the Old Mission: "The Council will recall that approximately nine.months , ago the Citizens' Committee on Downtown Traffic Congestion had mentioned the fact that a study was being made of the. area in the vicinity of the Old Mission with a view to improving the street alignment at that location. "These studies have been proceeding, and with the acqui- sition of the property.at the northwest comer of Monterey and Chorro by the church, such a project would seem to.be ever more feasible than before. ArK 4 t�vV "If the Council has no objection,.the Committee would like to proceed with a plan for improved traffic flow as well as a master plan for development of some type of permanent garden project in the area. It would be our plan to consult with the Park and Recreation Com- mission, Planning Commission and other interested citizen groups to secure their thinking in this regard, and we would hope to come back to the Council with a completed proposal within the not too distant future." City Engineer Romero presented a proposed plot plan and architect's sketch of the proposed realignment of Monterey at Chorro. The City Council discussed this proposal. Mayor Waters explained to the Council the proposal of the Mission to landscape their newly ac- quired corner parcel and tie it into the over -all development of the Mission. He further explained the feelings of certain interested groups who wish to emphasize the Mission in the community and who would lijCe -" to have the City develop the Mission Garden Project. r� After some discussion by the Council, it'was moved by Donald Q. Miller, seconded by Gerald W. Shipsey, that the Administrative r� Officer and City Engineer prepare a cost estimate for.the realign- ment of Monterey Street and land acquisition cost for Council project study, and also authorize the Citizens'.Committee to continue their own development studies. . AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, Fred M. Waters. NOES: J. Barry Smith ABSENT: None 17. Communication from the Reorganized Church of Jesus Christ of Latter- ' Day Saints requesting permission to sell easter eggs in front of Riley's Department Store on Saturday, April 9, 1960. Permission granted on motion of J. Barry Smith, seconded by Kenneth W. Jones. 18. Communication from E. B. Rayner requesting permission to purchase a portion of the extension of Cerro Romauldo at Patricia Street, owned by the City of San Luis Obispo. Referred to the Planning Commission on motion of J. Barry Smith, seconded by Gerald W. Shipsey. 19. The following is a letter from the Automobile Club of Southern California: "The Automobile Club of Southern California,.owners of that portion of Lots M and N of C. H. Phillips addition to the Town of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the map filed for record December 18, 1874 in Book A, Page 49 in the office of..the County Recorder of said county, now known as 699 California Boulevard, respectfully request your body grant our request for a Variance Permit to erect an identification sign on R -3 property for the following reasons: "1. The granting of such a request would not be detrimental to adjacent R -3 properties, their values and uses. "2. We have established a uniform 5' identification sign for our District Offices-and have 56 installations at present. (See Exhibit B and B -1) "3. Due to the proposed future widening of California Boulevard, our building is set back 25' from the curb line and is considerably depressed below the street level. This presents a problem for r• APR 4 itJtiu westbound traffic to locate our building before they are directly upon it. We, therefore, respectfully request approval to locate the sign pole 2' -6" south off the sidewalk, on city property. (See Exhibit A) "4. We, the owners, to remove said sign at our own expense if and when California Boulevard is widened beyond the current widening at this point. "We wish to thank you for your consideration of this matter." Mr. J. J. O'Connor; representative of the Automobile Club, appeared before the'City Council'regarding this application. The City Engineer, Mr. Romero, showed the plot plan for the Council's information.''The City Council discussed whether this matter should be considered by them or whether it should be decided by the Planning Com mission, with "recommendation by the Council. After some discussion, it was moved by Donald Q. Miller, seconded by Gerald W. Shipsey, that the requested variance'be granted for encroachment upon city -owned property, subject to the granting of "a use permit by the City.Planning Commission at their next regular meeting.- AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, NOES: J. Barry Smith, Fred M. Waters ABSENT: None 20. Mr. Harold Thompson, Thompson Associates, appeared before the City Council regarding Tract 166, Johnson Highlands #2; and stated that-.all engineering had been done on this subdivision. He requested Council consideration and decision on a water system to serve this subdivision. Mr. Johnson stated he wished to hook his subdivision into the present 1160 Pismo water system on Laurel Lane and Flora Street, but that the City Engineer and Water Superintendent would not allow him to do so, and Street and had requested an 8" extension from Flora and Sydney Streets. Mr. Romero stated that he had requested engineering calculations Traffic Committee. proving there would be adequate water for domestic and fire purposes Councilman Smith suggested also that.theTraffic for this subdivision. Since these calculations have not been pre- Committee look into sented, Mr. Romero stated that the plans for the subdivision could the parking situation on'Palm Street not be considered as complete. Mr. Romero and Mr. Price Thompson explained the inadequacy of the water system in this vicinity and stated that in their opinion the best solution would be the instal- lation of an 8" line on Flora Street from Sydney Street to the sub- division at this "time. In addition they pointed out that the master plan called for an additional 12" line on Johnson Avenue from the Bishop Hill tank and that this line must be constructed prior to substantial future development of the subdivisions in the area. The City Council discussed the proposal and suggestions of the City staff and ordered the matter held over for study by the Council. 21. Communication from Mrs. J. L. Emery, 1160 Pismo Street, regarding congestion and auto speed'on Pacific Street and suggesting steps to alleviate same. The - matter was referred to the Traffic Committee. Councilman Smith suggested also that.theTraffic Committee look into the parking situation on'Palm Street between Santa Rosa and.Toro Streets. 22. Claim of.Mariorie D. Teague, 159 Tassajara Street, for damage caused by sewer back -up was referred to the city's insurance carrier. 23. Claim of Cyril-O. Lawless, for damages due to sewer'seoppage at 196 Craig Way was referred to the city's insurance carrier. 24. Minutes of the City Planning Commission for March 17, 1960, were received and filed. tkrK fA 1;;UU 25. Administrative Officer announced the appointment of John Silva as Fireman, effective April 1, 1960, at $368 per month. 26. Report by _League of California Cities on city - county relations. City Clerk instructed to get additional copies of this report for each member of the Council. OLD BUSINESS 1. Problem of formation of an assessment.district or other method of 1 paving Sydney Street from Johnson Avenue to Flora Street. (referred to City Engineer for preparation of plans and specifications and also to present agreements to adjacent property owners for street im- provements) City Engineer Romero explained that construction plans had been completed for the Sydney Street improvement and that an agreement had been presented to all property owners and had been signed by the Carringtons and Dr. Woodbridge. He explained further that Mr. Diel had agreed to sign, but that Mr. Martinson had strong objections C� to contributing to the street improvement and had refused to sign. CrJ Therefore, since the Maino contribution and the contributions from the individual property owners were predicated on a.100% sign -up, Mr. Romero stated that it appeared that the project would not go ahead at this time. 2. Caudill Tract - Drainage'Assessment District City Engineer Romero reported that he had made an estimate to correct drainage improvements across the city streets in the Caudill area. These improvements would cost the city $8,894.00. This would enlarge pipes and reconstruct drainage structures within the street areas and did not consider drainage through adjoining properties. 1 ADDENDA 1. Communication from Ray Skinner, developer of Laguna Park Homes, regarding approval of the Council to dredge city property at Laguna Lake for lake improvement. See letter from Park and Recreation Commission dated April 19_an4 letter from Icahn, Wise & Barber, dated March 31, 1960, regarding Laguna Lake. Mr. Skinner appeared before the Council and stated that all he desired at this time was permission of the Council to begin dredging the city-owned-property at the-east end of the lake for fill on his property. This would be At no cost or expense to the city and he would do it according to city regulations. .The matter of the development of the second unit of his subdivision would be taken care of at the time the plans were presented to the Council. On motion of J. Barry Smith, seconded by Donald Q. Miller, Mr. Skinner was authorized to proceed with the dredging of the lake and city land, subject to the approval of the City Engineer as to grade, depth, etc. and the filing by Mr. Skinner of a "hold.harmless" agreement, protecting the city. ' AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith NOES: Mayor Fred M. Waters 2. Mr. Romero, City Engineer, made the following report to the Council regarding the Board of Supervisors meeting April 4, 1960: "Mr. Romero stated that he had met with the Board of Supervisors and interested property owners in the Los Osos Valley at 11:30 the morning of April 4 and that the following was the general discussion. The property owners had voiced objections to the diversion of Perfumo Canyon into Laguna Lake on the grounds that: APK 4 1y= 1... Increased volume of water would aggravate the flood problem on their property and 2. That debris brought down by the..fast moving Perfumo Canyon would create a danger of plugging the Laguna Lake outlet, thereby creating additional flood hazard to their property. "Mr. Romero explained to the Supervisors the Morgan Report, which stipulated that under a 100 -year storm and a maximum lake dis- charge, that the water diversion from Perfumo Canyon would raise the lake level, only 6 inches. He stated further that with the diversion.of Perfumo Canyon through the Johe ranch that it appeared unlikely that large debris would reach the outlet. "The Board of Supervisors requested that Mr. Born, County Hydraulic Engineer, and Mr. Beck, County Road Commissioner, further review the matter and also stated (since there appeared to be a joint city and county flood control problem) that they wished to set up a joint meeting with the City Council to dis- cuss implications of the Perfumo Canyon diversion." 3. The following salary step increases were approved on motion of Gerald W. Shipsey, seconded by J. Barry Smith: MAUREEN CRAWFORD - Stenographer - from step 3, $295 to step 4, $312 per month, effective.May 1, 1960.. LAURA C. JONES;- Account Clerk - from step 3, $312 per month to step 4, $330 per month, effective May 1, 1960. JEANNETTE B. THOMPSON - Secretary - from step 1, $295 to step . 2, $312 per month, effective May 1, 1960. . 4. The following business license applications were presented to the City Council in accordance with the provisions of the business license ordinance: JOLLY CONE DRIVE -IN --------- - - - - -- 11 Santa Rosa Street CARD ROOM (George Hoeschel) -m ----- 975 Osos Street 5. RESOLUTION NO. 659 (1960 Series), "A Resolution Establishing Richard Street Construction.Fund and Appropriating Moneys for Expenditure Therefrom" 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 On motion of Kenneth W. Jones, seconded by Donald Q. Miller, the City Council adjourned the meeting in memory of Jack Brown, former City Clerk, and the flags of the City -Hall were ordered raised to half -mast until the funeral. The City Clerk was instructed to write a letter to his widow expressing the feelings of the Council. Approved this 18th day of April, 1960. Offy Clerk