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HomeMy WebLinkAbout06/06/1960377 SPECIAL CALLED MEETING June 6, 1960 - -- 6:00 P.M.- BANQUET ROOM - MOTEL INN The City Council met in Special Called Meeting with Mayor Fred M. Waters presiding. ROLL CALL: Present - Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters Absent - Kenneth W. Jones CITY STAFF PRESENT - Planning Director Abraham, City Clerk Fitzpatrick, Architect Hess, City Attorney Houser, Administrative Officer Miller, City Engineer Romero, Fire Chief Schlobohm. 1. The City Council discussed street widening of laurel Lane from South Street to Johnson Avenue, particularly the portion owned by the r „r Johnstons, which is needed for the full widening. The-City Council and staff discussed the present City policy relative to street widening on plan line streets. 1 2. The City Council discussed the requested change order for Fire Station No. 3. Mr. Hess, Architect, presented his views on floor covering and recommended _. no change. Mr. Schlobohm, Fire Chief, presented his side, recommending the more expensive floor covering. 3. The City Council discussed the communication from Maino Construction Company regarding the alleged sewer leak into the excavation for the Penney-Store addition. City Engineer Romero reported to.the Council results of investigations made by his department trying to establish if there was a sewer leak, and who was responsible for correction. Mr..Romero stated that his investigation showed that this was not a sewer leak, at least, not from the City sewer line. The meeting was adjourned until 7 -:30 P.M. June 6, 1960, on motion of Gerald W. Shipsey, seconded by Donald Q. Miller. Approved this 20th day of June, 1960. ,,�0'dity e( - --' CITY COUNCIL MEETING June 6, 1960 - -- 7:30 P.M. CITY HALL The City Council met in Regular Session with Mayor Fred M. Waters presiding. The Invocation was given by Rev. D. R. Zimmerman, Methodist Church. UUN 6 1960 ROLL CALL: Present - Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters Absent - Kenneth W..Jones CITY STAFF PRESENT - Planning Director Abraham, City Clerk Fitzpatrick, Park and Recreation Superintendent Flory, City Attorney Houser, Administrative Officer Miller, City Engineer Romero, Fire Chief Schlobohm, Police Chief Schofield, Water Superintendent Thompson. Minutes were approved for the Regular Meeting of.May 16, 1960 on motion of Donald Q. Miller, seconded by Gerald W. Shipsey. . Claims against the City for the Month of June, 1960, were approved on motion of Gerald W. Shipsey, seconded by Donald Q. Miller, subject to the approval of the Administrative Officer. 1. Administrative Officer Miller presented the proposed budget for 1960 -61. The City Council set the Regular Meeting of June 20, 1960 at 8:00 P.M. asLthe time for the Public Hearing on the proposed-1960-61 budget. 2. City Engineer David Romero recommended that the bid of W. M. Lyles Company, Alternate B $27,203.29 be accepted for construction of the Outfall Sewer Line on Higuera Street. Mr. Romero explained the ramifications of using sewer pipe other than vitrified.clay, and pointed out that in this.particular circumstance, reinforced concrete pipe would be satisfactory. He explained that Mr. George Pearson, the consultant on this project, had recommended the pipe as being in the best interest of the City. The City Council discussed the proposed use of reinforced concrete pipe. l On the motion of J. Barry Smith, seconded by Gerald W. Shipsey, the bid •''' was awarded to W. M. Lyles Company as recommended by the City Engineer and the consulting engineer. 3. The City Clerk reported the following bids received for construction of a Sewage Flow Meter on the Cal Poly sewer line. Lump Sum Bid Engineer's Estimate $5,404.00 McBride's San Luis Obispo $62848.00 W.M. Lyles Co. Avenal $7,300.00 Plus or Minus Cost per lin.Ft. 15 "V.C.Pipe . $ 14.50 $ 16.50 Plus or Minus Cost per lin.Ft. 8" V.C.Pipe $ 11.00 $ 10.00 Administrative Officer Miller reported .that the low bid was 27% higher than the engineer's estimate. City Engineer Romero urged that the City Council accept the low bid although higher than the engineer's estimate, as the meter is needed to properly bill the college for their use of the City sewage system. Mr. Romero pointed out that it is extremely difficult for an engineer to make an estimate accurately of a small unusual job of this nature, and since construction costs are continually rising, he did not believe that a better bid would be received next year on this item. Mr. Miller, Administrative Officer, said it was up to the City Council but that he had some reservations about accepting the bid, which was 27% higher than the engineer's estimate. After discussion by the City Council, it was moved by Gerald W. Shipsey, seconded by Donald Q. Miller, that the low bid of McBrides for $6,848.00 be accepted. Councilman Kenneth W..Jones took his seat at 8:05 P.M. 1 1 1 JUN b 4. For Council consideration, a second hearing was held on the application of Mark A. Hood fora business license for bar and restaurant at Laurel Lanes, Laurel & Southwood Drive. On the motion of J. Barry Smith, seconded by Gerald W. Shipsey, the license was approved and ordered issued. 5. A communication from Fire Chief Lee Schlobohm requesting a change order for Fire Station No. 3 for floor covering in the amount of $325 was received and filed. t By common consent, the verbal recommendation of the architect was accepted to complete the flooring as originally specified. 6. 'For Council consideration, a resolution increasing the 1959 -60 budget was presented. RESOLUTION NO. 671 (1960 Series), "A Resolution Increasing the 1959 -60 Budget ", was passed on the motion of Gerald W. Shipsey, seconded by J. Barry Smith, on the following roll call vote: •4w AYES: Kenneth W. Jones, Donald Q. Miller, Gerald,W. Shipsey, J. ;r Barry Smith, Fred M. Waters. NOES: None Q ABSENT: None 7. The following contract payments were approved on motion of Kenneth W. Jones, seconded by Donald Q. Miller: Guido Ferini - Grand Avenue Street Improvement Estimate # 2------------------------ - - - - -- $5,464.80 Walter Brothers - Richard Street Improvement Estimate # 2------------------------ - - - - -- $2,639.67 8. City Engineer Romero presented for Council information plans and specifications for traffic signals at the Santa Rosa and Higuera Street intersection, as previously authorized by the City Council. The City Council then discussed the possibility of other intersections needing signals more than the Santa Rosa - Higuera intersection, but after discussion of traffic counts by the Public Works Department, it was moved by Gerald W. Shipsey, seconded by J. Barry Smith that the City proceed with a call for bids for traffic signals at7ithe Santa - Rosa Higuera Street intersection. 9. At this time, the City Council considered the final passage of Ordinance No. 164. ORDINANCE NO. 164 (1960 Series), "An Ordinance Increasing the Rates to Be Charged for the Collection of Garbage in the City of San Luis Obispo, California ", was finally passed on the motion of Donald Q. Miller, 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 10. At this time, the City Council considered the final passage of Ordinance No. 165. ORDINANCE NO. 165, (1960 Series), "An Ordinance Selling Property on Patricia Street to W. L. Norton ", was finally passed 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, Fred M. Waters. NOES: None ABSENT: None T, alUN 6 ' 1960 11. At this time, Mayor Waters declared open a Public Hearing on the recommendation of the Planning Commission to amend the Municipal Code to change zoning from M to R -1 lots.6 to 16, Block R, Maymont Addition_. Planning Director Abraham presented a map of the area being proposed to be rezoned, explaining the reasons for the request. The City Council also discussed amending the fire zone map to include the above land. There being no protest or objection to the rezoning, the Mayor declared the Public Hearing closed. ' ORDINANCE NO. 166 (1960 Series), "An Ordinance Amending Zoning Map and Fire Zone Map on Property Fronting on Boulevard Del Campo ", was introduced. and passed to print on the 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 12. Mayor Waters then declared open a Public Hearing on an appeal by City Neon of a Planning Commission decision in denying a use permit for a sign at the Lamplighter Motel at the corner of Monterey and Grove Streets. City Clerk Fitzpatrick read the following report from the Planning Commission as required by Municipal Code: "As indicated by the present City ordinance, it is City policy to require City Neon stated that the Planning Commission and /or the Board of Adjustments consider the applications for free - standing signs. It has been the past policy of the the City ordinance and regulations, and Planning Commission and the Board of Adjustments to impose upon these free- found out only standing signs a limitation that they are to be non - flashing. that signs not attached to a The question of the Lamplighter Motel request has focused upon an ' inconsistency in the ordinance in that detached signs have been controlled to a great degree; whereas, signs attached to buildings do not require a use permit and, therefore, have nog special restrictions other than those normally written into the code. It has been the Planning Commission policy to judge these free - standing signs individually and on their own merit -with regard to reasonable public safety and the general welfare. The-'-.Planning Commission feels that the past policy with regard to these signs has been in the best interests of the City from the standpoint of public safety and the general welfare of the City and further believes that to allow flashing signs would be like taking the lid off the sign restrictions and will eventually detract from the City. The Planning Commission wishes to re- emphasize its position in the case of the Lamplighter Motel sign, and because of the inconsistency in the ordinance the Commission recommends that the..City Council bring the sign ordinance into'conformity with the Planning Commission's past policy." The City Council discussed various regulations of the City relative to signs, flashing or non - flashing, attached or not attached to a building, and just what the intention of the sign ordinance was in this regard. Mr. Moerman of City Neon stated that he built this sign in a manner he believed was in accordance with the City ordinance and regulations, and found out only after it was completed, that signs not attached to a building could not be flashing, which has been a Planning Commission policy for several years.. , Mr. Abraham, Planning Director, stated that the use permit granted to Mr. Moerman stated that the sign was to be non - flashing. After more discussion by the City Council, and there being no objections, the Mayor declared the Public Hearing closed. JU14 U i On motion of Donald Q. Miller, seconded by J. Barry Smith, City Neon was granted permission to use the flashing sign on the Lamplighter Motel as designed, on the following roll call vote: AYES: Kenneth W. Jones, Donald Q. Miller, J. Barry Smith, Fred M. Waters. NOES: Gerald W. Shipsey ABSENT: None At 9:00 P.M. Mayor Waters Declared a recess. ------- - - - --- The Council Meeting reconvened at 9:10 P.M. with all councilmen present. 13. A communication from Larry Wise submitting copies of preliminary General Plan for San Luis Obispo City, and requesting Council determin- ation for dates for joint study with the City Planning Commission was �r received and filed. CO < 14. City Engineer Romero reported to the City Council relative to his negotiations with Mr. Johnston relative to acquisition of his property for street widening on Laurel Lane. Mr. Romero stated that Mr. Johnston would grant the City the necessary land if the City placed curb, gutter, and sidewalk along his property on Laurel Lane. The City Council discussed the proposal of Mr. Johnston regarding curb, gutter and sidewalk, and further discussed City policy relative to street widening, particularly with reference to purchasing of rights - of -way. The City Council also discussed the possibility of condemning property needed to proceed with the improvement of Laurel Lane from Southwood ' to Johnson Avenue. The City Council also discussed other streets in the City that need construction much more than Laurel Lane. They also discussed overall City policy relative to plan line and street widening. Administrative Officer Miller reported to the City Council that the Division of Highways, District V, had turned down approval of gas tax monies for the project, pending efforts by the City to obtain the necessary right -of -way for the full project. There was some discussion by the Council on the possibility of deviating from the standard policy without setting an entirely new policy since this was the last parcel involved on this section of Laurel Lane and the variance was being forced by the State Division of Highways order. On motion of Donald Q. Miller, seconded by Gerald W. Shipsey, the City was authorized to call for bids for construction subject to approval of the State Division of Highways, and subject to acquisition of property from Mr. Johnston. Mr. Leonard Blaser appeared before the City Council objecting to the policy which was proposed for acquiring the Johnston property which included construction of curb, gutter and sidewalk by the City for the 1 land, stating this was unfair as other property owners were required to give property for street widening without any compensation, and he believed this was unjust,to other property owners with the same problem. 16. City Engineer Romero discussed the proposal of the Division of Highways regarding the French Road Road interchange, and explained the proposal with a map furnished by the Division of Highways. Mr. Romero explained for the City Council the proposal of the City for construction of an interchange connecting French Road to South Street. He pointed out that future traffic on French Road Would create an ?JUN 6 1960 intolerable situation at the intersection of French Road and Higuera under the State proposal whereas the intersection of South and Higuera could be properly signalized. Mr. Romero explained that the City Council, City Planning Commission, Board of Supervisors, County Planning Commission, and the Chamber of Commerce Highways Committee had unanimously approved the South Street location in 1957. Mr. Romero stated that Larry Wise, ` planning consultant, was preparing a recommendation for the interchange. The matter was held over for further study. 17. A memorandum opinion by City Attorney Houser regarding control of rates , for dumping garbage at the City dump, was received and filed. 18. City.Attorney Houser reported regarding his investigations relative:to drainage in Parking Lot N0. 5, stating it was impossible to get an easement through the property, as the project was designed, but that Mr. Romero had suggested a drainage sump into which waters could be diverted and spread underground. Mr. Romero explained-that, although cheaper, this was not as good a solution as a positive pipe to a storm drain. The City Council discussed the drainage problem, and believed a better solution would be to design the Paidng Lot so water could be carried off through or over adjacent properties. Mayor Waters appointed a.committee of Councilmen Jones and Miller to contact owners adjacent to the Parking Lot and see if an easement could be acquired to handle the drainage problem without injury to the adjacent owners. 19. A communication from Lear and Scoutt regarding status of Pacific Southwest local service case was received and filed. 20. A communication from David F. Romero, City Engineer, recommending steps to correct sewer main back -ups into homes caused by residences set too low for the main, root infiltration, etc. was held over for further study. 21. A communication from the Planning Commission recommending approval of the City Council for the establishing of the Subdivision Review Board as an advisory group to the City Planning Commission was held over for Council study. 22. (A) Report by Willeford, Levey & Co. on their examination of the Whale Rock Construction accounts through December 31, 1959, was received and filed. (B) Communication from the Department of Water Resources regarding "A" above, was also received and filed. 23. Ray Skinner, developer of Laguna Park Homes, reported to the City Council that he has verbally acquired the sewer easement through the Dalidio property, at least he was so promised this date by the property owner and the property owner's attorney. Mr. Skinner also presented a sketch map of the area, and he proposes to begin dredging immediately on the City property. He further reported that the plans for the sewer system outside the subdivision have been completed, and have been substantially approved by City Engineer Romero. The City Council discussed the various boundaries of the area to be dredged by Mr. Skinner, and agreed that Mr. Skinner could fill up to his property line on the west side of the lake. City Attorney Houser explained to the City Council the conditions under which the easement will be granted to the City for installation of sewer line to serve the Skinner subdivision by Dalidio -. 1. The City will be responsible for any damage to crops, etc. caused by repair or replacement after the City has accepted the easement. JUN .b _ It bU 383 2. Mr. Dalidio will be permitted to connect to the sewer line upon annexation and payment of a pro rata connection charge. 3: The City will supply water to Mr. Dalidio in the event leakage from the sewer line contaminates his adjoining wells until contamination is cleared. 24. For Council consideration, a contract was presented between the City of San Luis Obispo and Cooperative Personnel Services for continuation of personnel listing service for the City. On the motion of Kenneth W. Jones, seconded by Donald Q. Miller, Mayor Waters was authorized to sign the agreement on behalf of the City of ' San Luis Obispo. 25. Extension of an agreement for temporary transfer of vehicular equipment CD 29; Civil Defense Fire Engine was presented. On the mot -ion of Kenneth W. Jones, seconded by Donald Q. Miller, Mayor Waters was authorized to sign the agreement on behalf of the City of San Luis Obispo. 26. A report of the Planning Commission was presented on request to the City Council of French Medical Clinic for change in zoning from R -4 to C -1 that property located at.the southwest corner of Palm and Santa Rosa and the appeal of the French Medical Clinic was denied on motion rr of Gerald W. Shipsey, seconded by J. Barry Smith. 27. A communication was read from California Mission Trails requesting Council consider their request for appropriation of $200 for continuing their promotional program. On the motion of J. Barry Smith, seconded by Donald Q. Miller, the request was approved, and $200 appropriated to California Mission Trails. i 28. A petition from residents of Pismo Street requesting that theCCity establish Pismo Street as a one -way street in an easterly direction was referred to the City Engineer to make detailed study and report to the City Council regarding the request of.the petitioners. 29. A request from City Engineer.Romero to employ two draftsmen-at the senior engineering aide level to prepare basic work involved in compiling standard City maps was approved on the motion of Gerald W. Shipsey, seconded by Donald Q. Miller.- 30. A communication from John L. Seitz regarding the motel zone in front of the!Don Motel at 1473 Monterey Street was referred to the traffic committee for investigation and report to the City Council. 31. A communication was presented from Lindero Investment Company appealing to the City Council the decision of the Planning Commission in denying a request for variances for encroachment in the front set -back line. In accordance with provisions of the Municipal Code the appeal was referred to the Planning Commission for report and set for public hearing by the City Council. 32. First Hearing on application for business license fora cafe at 1136 Carmel Street operated by Lloyd Pettenger was ordered held over for second hearing until the next Council meeting. 33. A communication from A. Donatelli requesting City Council consideration regarding an ordinance requiring installation of sidewalk ;Ln front of houses throughout the City was received and filed, and a letter ordered to be written to Mr. Donatelli thanking him for his interest, and explaining the sidewalk program for his information. 34. City Engineer Romero reported to the City Council on studies and investigations made by himself and his department regarding the alleged sewer flow into the Maino Construction Company excavation at the J. C. Penney store site. Mr. Romero was instructed to write a letter to Maino Construction Company explaining the studies made and conclusions reached by the City sewer department. JUN 6 195U 35. A communication addressed to the City Council from Californians Against Inequitable Reapportionment, Inc. asking support of the City Council on this matter, was received and filed. 36. A communication from the U. S. Department of Commerce, Bureau of Census on preliminary announcement of the population of the City of San.Luis Obispo as of April 1, 1960 at, 20,386, and report on County and other incorporated cities, was received and filed. 37. A communication from the State of California announcing to the City Council the existence and functions of the State office of Atomic Energy Development and Radiation Protection was received and filed. 38. A communication from the. City of Norwalk, California enclosing a copy of a resolution relative to motion picture films which are salacious in nature, etc. was received and filed. 39. The progress report on Whale Rock project for the month of April, 1960 was received and filed. 40. Minutes of the City Planning Commission meeting of May 9, 1960 were received and filed. 41. Notices by the Building Iinspector of condemnation of the buildings at 737 Monterey Street,. and 638 Marsh Street, for unsanitary and unsafe conditions, were received and filed. 42. Councilman J. Barry'Smith'requested permission to leave the State of California on his vacation during the months of June and July. Request approved on motion of Gerald W. Shipsey, seconded by Donald Q. Miller. 43. City Engineer Romero presented a copy of a letter for Council information advising Sam Steifel relative to infractions of the agreement between the City and Mr. Steifel in his use of the sewer farm grazing land. 44. Administrative Officer Miller presentedna letter from Woods Animal Shelter relative to difficulties in enforcing the leash law without adding some type of penalty privisions. The Council suggested clarification by the Shelter. 45. Administrative Officer Miller submitted a letter from the NavQl Recruiting Officer tentatively offering pole and American flag to the City. The Council suggested proposal proceed through appropriate Naval channels before consideration by the City. On the motion of Gerald W. Shipsey, seconded by J. Barry Smith, the meeting adjourned until 7:30 P.M. June 7, 1960 to begin Council study of -the proposed . 1960 -61 budget. Approved this 20th day of June, 1960. City Clerk 1 1 1