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
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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.