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HomeMy WebLinkAbout02/20/1961CITY COUNCIL MEETING February 20, 1961 - -- 7:30 P. M. CITY HALL The City Council met in Regular Session with Mayor Fred M. Waters presiding. Invocation was given by Reverend Graham, First Baptist Church. ROLL CALL: Present - Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey,. J..• Barry Smith, Fred M..Waters. Absent - None CITY STAFF PRESENT: Planning & Building Director,Abraham, City Clerk Fitzpatrick, Park & Recreation Superintendent Flory, City Attorney Houser, Administrative Officer Miller, City Engineer Romero, Fire Chief Schlobohm, Police Chief Schofield, Water Superintendent Thompson. Minutes for the Special Meeting of February 6, 1961 and the Regular Meeting of February 6, 1961, were approved on motion of,Donald Q. Miller, seconded by.Kenneth W. Jones. Claims against the City for the month of February 1961 were approved on motion of Kenneth W. Jones, seconded,by Donald Q. Miller, subject-to the approval of the Administrative Officer. 20. Communication from Quintana Parent- Teacher Association requesting that the City Council investigate the possibility of installing a guard rail between Quintana School and Highland Avenue. City Engineer Romero reported that to.place a guard rail all along ' Highland Avenue would require about $1,500.00 in materials, and $400.00 in labor, and based on recognized engineering criteria, he did not believe that the guard rail was justified according to a study made from his office, and recommended from an engineering standpoint that the City Council not install a guard rail along this street. Councilman Smith stated that he believed that there was a need for some type of protection along Highland Avenue and recommended that the Mayor appoint a Council Committee to look into this matter and report to the City Council. It was moved by J. Barry Smith, seconded by Kenneth W. Jones, that a Council Committee be appointed to study this matter and report to the City Council. Mayor Waters appointed Councilmen Shipsey and Smith to the Council Committee. 1. The following progress payment was approved on motion of Donald Q. Miller, seconded by Gerald W. Shipsey: STATE DEPARTMENT OF WATER RESOURCES - Whale Rock Project - - - -- ,$,77,020.74 2. City Clerk Fitzpatrick made the.following report on nominees for the City Election April 11, 1961: CANDIDATES FOR MAYOR CANDIDATES FOR COUNCILMAN CANDIDATES FOR SCHOOL BOARD Clay P. Davidson Orval L. Brown Morgan Flagg Harry J. Fryer, Sr. Clifford R. Chelquist Robert S. Graing, Jr. Richard Coleman Albert V. Lewis -,Rufus L. Graves Leonard Mc Linn Miss Margaret McNeil Warren A. Sinsheimer Clell W. Whelchel Harold A. Thomas David H. Thomson The report was received and filed. 3. RESOLUTION NO. 738 (1961 Series), "A Resolution Increasing the 1960 -61 Budget, Making Transfers to the Whale Rock Fund on a Loan Basis and Providing Methods of Repayment for Such Loans," 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; Fred M. Waters. NOES: None ABSENT: • None 4. RESOLUTION NO. 739 (1961 Series), "A Resolution Increasing the 1960 -61 Budget," 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 5. RESOLUTION NO. 737 (1961 Series), "A Resolution Increasing the 1960 -61 Budget," by adding Account No. 224 Skinner Cash Construction Bond ($100,000), and Account No. 211.34 Skinner Inspection Fees No. 2 ($3,000) 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, Fred M. Waters. NOES: None ABSENT: None 6. RESOLUTION NO. 744 (1961 Series), "A Resolution Authorizing Population Estimate by the Department of Finance," authorizing Administrative Officer Miller to sign contract with State Department of Finance for population estimate, 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 7. Letter report from Administrative Officer Miller on luncheon meeting regarding legislative program for City and County road financing. Letter was also presented from City Engineer Romero outlining present City deficiencies. RESOLUTION NO. 741 (1961 Series), "A Resolution Requesting Additional Funds for City Street Deficiencies," was passed and adopted 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, Fred M. Waters. NOES: None ABSENT: None 10. 8:00 P.M. PUBLIC HEARING on final passage of ORDINANCE NO. 180. Mayor Waters declared the hearing open. City Clerk Fitzpatrick reported that no written protests had been received. t Mayor Waters closed the Public Hearing. ORDINANCE NO. 180 (1961 Series), "An Ordinance Rezoning from 'U' to 'R -1' the Johnson Property Annexation," was finally passed on motion of Donald Q. Miller, seconded by Gerald W. Shipsey, on the following roll call vote: AYES: Kenneth W. Jose s, Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters. NOES: None A';=: 'done 1 1 11. 8:00 P.M. PUBLIC HEARING on.final passage of ORDINANCE NO. 181. Mayor Waters declared the Public Hearing open. City Clerk Fitzpatrick reported that no written protests had been received. Mayor Waters declared the hearing closed. ORDINANCE NO. 181 (1961 Series), "An Ordinance Rezoning from 'U' to 'R -1' the Perozzi Property Annexation," 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 Smith, Fred M. Waters. NOES: None ABSENT: None Miller, Gerald W. Shipsey, J. :Barry 12. 8:00 P.M. PUBLIC HEARING on final passage of ORDINANCE NO. 182.. Mayor Waters declared the Public Hearing open. City Clerk Fitzpatrick..reported that no wri.tten protests had been received. Mayor..Waters closed the hearing. ORDINANCE NO. 182 (1961 Series.), "An Ordinance Rezoning from 'C -2 -S' to 'C -1 -S• the Morgan Flagg Parcel," was finally passed on motion of J. Barry Smith, seconded by Gerald, W. Shipsey,:on the following roll call vote: AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred•M. Waters.. NOES: None ABSENT: None 14. ORDINANCE NO. 183 (1961 Series),. "An Ordinance Approving the Annexation of Certain Uninhabited Territory, Designated 'Elks Club Addition' to the City of•San Luis Obispo," was finally passed on 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 15.. At this time Mr. Frank Lindsay appeared before the City Council asking the..Council why the provisions.of.the dots leash law were not being: enforced by the City. Mr. Lindsay stated that many people have been bitten by dogs and wondered why the Ordinance was not enforced. City Attorney Houser read the provisions of Section 411044 of the Municipal Code having to do with control -of dogs. Administrative Officer Miller reported to the City Council on penalty provisions of the.. Ordinance for dogs that are picked up and impounded. Mr. Clark, Post Office employee, cited examples of his being personally attacked and bitten by dogs 7 times since Christmas 1960, Councilman Smith stated that even though the Woods Animal Shelter is retained for animal control within the City, he believed that any dog that attacked people, should.be handled by the Police Department as this is a different problem. Councilman Miller stated that he agreed with Councilman Smith that the Police Department diould help control dogs running loose, particularly dogs attacking children and adults. Police Chief Schofield reported on methods of treatment of dogs when people are bitten and also urged the impounding fees be increased and. that the Police Department would be glad to cooperate in this matter. City Attorney Houser explained for the City Council the State law regarding quarantine of dogs under the Rabies law. Councilman Smith recommended that City Attorney Houser, Chief Schofield, and Judge Jackson, presiding Judge of the Justice Court get together and look into and recommend steps for the City Council's guidance in-this matter. Councilman Miller also suggested that the Committee appointed also look into the matter of increased pounding fees. Referred to Committee for study. 8. City Engineer Romero presented specifications for a sewer rodding machine for the sewer cleaning crew, and a letter jistifying the purchase. Specifications were approved on motion of Donald Q. Miller, seconded by Kenneth W. Jones, and City Clerk Fitzpatrick was authorized to advertise for bids. 9. Discussion by the City Council of extension of contract with Bookman, Edmonson & Gianelli, consulting engineers. Administrative Officer Miller recommended "to the City Council that the contract with Bookman, Edmonson & Gianelli be extended one year to March 1962 at the same rate and under the same conditions. • Councilman Smith questioned the continuance of this contract at the price stated in the agreement for the amount of work being done, and suggested that the matter be held over until the�next meeting, for Council consideration. The matter was held over until the next meeting. Mayor Waters declared a recess at 8:40 P.M. The meeting reconvened at 8:50 P.M. with all Councilmen present. 16. Report by a Committee consisting of Councilmen Smith and Miller regarding disposition of Mission Gardens lease which is due to expire March 19;,1961. Fred Gist, property owner, appeared before the City Council and presented a petition signed by 14 persons representing 11 properties at an assessed valuation of $260,000 or 75% of the area proposed for the assessment district. Mr. Gist urged that the City proceed as rapidly as possible on this project. Councilman Miller reported to the City Council on his meeting with the representatives of the Soroptomist Club and other people interested in development of the Mission Gardens or Plaza at a meeting held Sunday, February 19, 1961. Mr. Miller stated he discussed the various phases of the proposal and made the following statements: 1. He was definitely for the realignment of Monterey Street for - easier and better traffic movement. 2. He notified the people present that if the public wished-to' 1 proceed with the development of the Mission Gardens or Plaza which would be an extremely expensive program, they should-be prepared to pass:-.a.general obligation bond issue to pay for acquisition of property and improvements as a Mission Garden or Plaza. Mr. Miller also announced that the Mission Garden Group would meet in the City Hall on March 1, 1961 to discuss the City's proposal. City Attorney Houser recommended to the.City Council that.in order to move along on the proposal that the City Engineer prepare preliminary plans and specifications and cost estimates so that the signers of the informal petition could be notified of the:estimated assessment on each parcel and if they then wished to proceed, prepare the formal petition for• establishment of the district. City Council discussed the realignment of Monterey Street and establish- ment of a parking district in this area and on motion of J. Barry Smith, seconded by Donald Q. Miller, City Engineer Romero was instructed to prepare preliminary plans and cost estimates for property owners' infor- mation in the proposed district. Motion carried. 37. Communication from City Attorney Houser to Andrew Renetzky confirming telephone conversation that lease between City of San Luis Obispo and trustee under the will of Mary S. Frederick leasing property located on the corner of Chorro and Palm Streets which expires March 19, 1961 is hereby extended on the same terms and conditions on condition of 30 days .termination notice by either party, was received and filed. 17. TRAFFIC COMMITTEE REPORT 61 -2 -1C "The Traffic Committee has studied the Council suggestion that a stop sign be placed on Orcutt Road at Johnson Avenue and feels that this .proposal would have considerable merit at least until steps are taken to widen Orcutt Road and other measures completed to improve visibility at that location. It is therefore suggested that the City Engineer be authorized to contact-the County of San Luis Obispo to see whether they would be interested in installing such a stop sign." Recommendation approved, and City Engineer Romero instructed to contact the County regarding installation of a stop sign on Orcutt Road at Johnson Avenue, on motion of:Gerald W. Shipsey, seconded by Donald Q. Miller. 61 -2 -2C "In regard to.the letter from Arbor Acre Farms requesting a forty- ' foot.loading zone on lower Higuera Street, the Committee does not feel that sufficient congestion exists at the present time'to warrant such a zone on.a permanent basis. However,-with the Council's permission, we will continue to observe this location and see whether a problem develops. It might be that portable no- parking signs, purchased and maintained by the.owner, might be the answer here as it has in other locations." Recommendation approved on motion of Donald Q. Miller, seconded by Gerald W. Shipsey, with the exclusion of the last sentence which reads, "It might be that portable no- parking signs, purchased and maintained by the owner, might be the answer here as it has. in other locations." City Clerk Fitzpatrick was instructed to contact applicant:-and advise of disposition of request.. 61 -2 -3T "The Traffic Committee recommends that a stop sign be installed on Lawton at South Street. We feel this has become necessary with the increase of traffic on South Street." RESOLUTION..NO. 742 (1961 Series), "A Resolution Establishing a- Boulevard Stop on Lawton Street at its Intersection with South Street," was passed and adopted 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 . 61 -2 -4T "Now that the Fremont School has been torn down, it is the recommendation of the Traffic Committee that the intersection of Toro and Peach Streets be reverted to a standard.two -way stop pattern and that the• signs-currently stopping Toro at Peach be eliminated. This would make - Toro the through arterial connecting with the Freeway." RESOLUTION NO. 743 (1961 Series), "A Resolution Eliminating Stop Signs on Toro Street at its Intersection with Peach Street," 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 18. Report of Council Committee consisting of Councilmen Jones and Miller on sewer rental service fees, etc., was held over. 19. Report of Council Committee consisting of Councilmen Shipsey and Jones ' investigating the organization of the City Fire Department, was held over. 21. Copy of a communication from the Division of Highways regarding a right-of- way contract for acquisition of a portion of the sewer farm property and trade of property with the City. City Attorney Houser stated that the Council Committee and staff had met with the representatives of the Division of Highways and that in principal the parties agreed on the ways and means of exchanging sewer property for additional land but that the credit the City was to receive for denial of. access on the southern end of the sewer property had to be recalculated and was presently being reviewed by the State Division of Highways. Mr. Houser also said that approval of the exchange agreement itself would have to include this new figure and therefore the agreement would not be submitted to the City Council until the staff reached agreement on the damages. 22. Communication from Division of Highways District V submitting a master agreement providing for the budgeting of gas tax allocations for City streets. This master agreement will take the place of the earlier memorandums of agreement that were submitted annually. RESOLUTION NO. 745 (1961 Series), "A Resolution of the City Council of the City of San Luis Obispo Approving Master Agreement for Expenditure , of Funds Allocated from the State Highway Fund to Cities," was passed and adopted on motion of Kenneth W. Jonep, 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 23. Grant deed.from Ann Arbor Estates to the City of San Luis Obispo for street widening on Johnson Avenue. On motion of Donald Q. Miller, seconded by Kenneth W. Jones, Mayor Waters was authorized to accept and record the deed. 24. Communication from Bookman, Edmonson & Gianelli advising the City Council on status of property ownerships in.vicinity of Whale Rock Dam, was held over to an executive session, as the matter deals with the acquisition of property. 25. Communication from Howard C. Brown, Head of Ornamental Horticulture Department of Cal Poly, calling the Council's attention to the 2 Washingtonia Palm Trees that are growing at 1224 Chorro Street in the area of the new proposed parking lot, asking the City to consider means of saving these ' fine specimens. City Clerk Fitzpatrick was instructed to write to Mr. Brown stating that the City Council thanks him for his interest, and that the matter of retaining the 2 trees will be considered in the design of the parking lot. 26. Communication from McCarthy Tank &•Steel Company advising the City of cancellation of their..lease of the Corporation Yard effective March 31, 1961. Communication received and filed and Administrative Officer Miller authorized to advertise the property for lease, on motion of Gerald-W. Shipsey, seconded by Kenneth W. Jones. 27. -Communication from the Monday Club informing the City Council that they are planning to build a parking lot behind their clubhouse, and pointing out that to do this it will be necessary for the Andrews Street side to be made passable for traffic entering the lot, was referred to City Engineer Romero to meet with representatives of the Monday Club to see what advice and help he could give them in the design of their parking lot and improvement of Andrews Street. 28. Communication from San Luis Obispo Buddhist Church stating that they have been notified by the Division of Highways that their church property on French Road-will soon be taken for part of the interchange of French Road and 101 Freeway, and asking if the City would be intere¢ted in selling a parcel of City -owned land adjacent to the.Madonna property on French Road. On motion of J. Barry Smith, seconded by Kenneth W. Jones, City Clerk Fitzpatrick was instructed to.write to the Buddhist Church stating that the City Council had no land for sale at this time. 29. Communication from San Luis Obispo Elks Lodge No. 322 requesting that the name of. "Portuguese lane" be changed to "Elks Lane." City Clerk Fitzpatrick was instructed to write to the Elks Club stating that this road is not being annexed with the Elks Club-Addition and that the name change should be taken up with the County Board of Supervisors. 30. Communication from C. A. Maino pointing out a situation on Santa Rosa Street that could be helped by eliminating parking during certain hours, namely from 7:00 in the morning until 9:00, and from 4:30 in the afternoon until 6:00, was referred to the City Traffic Committee. 31.. Communication from Mr. and Mrs. Robert. Punches and Mrs. John C. Brown on behalf of the homeowners in the vicinity of the Terrace Hill water tank, ' pointing.out that now; during the rainy season, would be a good time to o plant suitable trees t camouflage the unattractive appearance of this tank.. Councilman Miller stated that he believed something should and could be done to plant trees around the Terrace Hill water tank so as to soften the stark look of the tank from the residential area, and he believed that with proper study something could be done to plant trees in this area. The-City Council then discussed the planting of trees in this area and the result of a prior study made in this matter. Communication referred to William Flory, Superintendent of the Park & Recreation Department for investigation as to the feasibility of some type of planting in the vicinity of this tank, and recommendations on his findings. City Clerk Fitzpatrick was instructed to write Mr. and Mrs. Punches and Mrs. Brown regarding the new studies being made regarding the planting of trees on Terrace Hill.. 32. Communication from City Engineer Romero regarding the 90 day trial period to be held on two competetive brands of parking meters. Request for trial approved on motion of J. Barry Smith, seconded by Donald Q. Miller. 33. Communication from Police and Fire Chiefs regarding informal agreement with Radio Communications Service for maintenance of mobile radio equipment, concurred in by Administrative Officer Miller.. Contract approved on-recommendation of Administrative Officer Miller on motion.of J. Barry Smith, seconded by .Gerald W. Shipsey. 34. For Council consideration, business.license application from Lee Askins for Askins Bakery at 987 Foothill Boulevard, was held over. 35. Request of City Engineer Romero for 14 days of sick leave for Milo Tappa was approved on motion of J. Barry Smith, seconded by Kenneth W.-Jones. . 36. For Council information, notice of Public Hearings of the City.Planning Commission on adoption of the.proposed General Plan for the City of San Luis Obispo, meetings to be held February 28, 1961 and March 14, 1961 at 8:00 P.M. in the City Council Chambers, was received and filed. 38. For City Council information, annual report of the California Disaster Office:-was received and filed. ' 39. For Council information, copy of a letter from the :.1960 Grand Jury to Governor.Brown regarding the mental:�health program, the State Youth Authority, public school program, and the welfare problem, was received and filed. 40. For Council information, financial and statistical report of the Woods Animal.Shelter dated February 1, 1961, was received.and filed. 41. On motion of Donald Q. Miller, seconded by J. Barry Smith, the matter of changing-the name of-French Road to Madonna Road was referred to the City Planning Commission for their consideration and recommendation to the Council. 42. Mr. H. Metras, 32 Chorro Street, appeared before the City Council .complaining that he and his children were not being allowed to fly model planes and model racers anywhere in the City due to noise complaints, and on behalf of the prevention of juvenile delinquency, the City should make arrangements to allow this type of endeavor. Mr. Metras also complained about the difficulty in driving midget racers or go -karts within the City due to strict regulations and also the complaints.of adjacent property owners of the.noise of the machines.. The matter was referred to the Park & Recreation Commission for action. 43. RESOLUTION NO. 746 (1961 Series), "A Resolution of the City Council of the City of San Luis Obispo Acknowledging the Receipt of Notice of Intention to Circulate a Petition for the Annexation of Territory Designated as 'Freeway Addition' and an Affidavit of Publication Thereof and Approving the Circulation of the Petition," 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 44. RESOLUTION NO. 740 (1961 Series), "A Resolution Requesting State Highway Commission to Adopt a Portion of Higuera Street and Broad Street into the State Highway System," 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 45. City Engineer Romero reported.to the City Council regarding the street light at California and Hathway which is at present a 6,000 lumen light, and he believes a 10,000 lumen light should be installed in order to make the crosswalk safe. Mr. Romero also reported that he met with representatives of PG&E regarding the street lights on California Boulevard, and the possibility of extending the arms over the street. Mr. Romero reported that these are the longest extension arms used by PG &E and suggested that he contact Cal Poly to see if the palm trees could be trimmed back. On motion of Donald Q. Miller, seconded by Gerald W. Shipsey, the City Engineer was authorized to increase the street light at California and Hathway to 10,000 lumens.