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HomeMy WebLinkAbout03/16/1959map 1 b M5 COUNCIL MEETING March 16, 1959 - 7:30 P. M. The City Council met in regular session with Mayor Fred H. Lucksinger presiding. Roll Call: Present - Nels Beck, Kenneth W. Jones, J:cBarry Smith, Fred H. Lucksinger Absent - Richard G. Sleight ' Minutes of the meeting of March 2, 1959 were approved as m ad. Claims against the city for the month of March, 1959 were approved on motion of Ken- neth W. Jones, seconded by Nels Beck, subject to the approval of the Administra- tive Officer. RESOLUTION NO. 524 (1959 Series), "A Resolution Accepting Water Line Easement From The General Fireproofing Company" was passed and adopted on motion•of Kenneth W. Jones, seconded by Nels Beck on the following roll call vote: (Terrace Hill)_ zq C.q AYES: Nels Beck, Kenneth W. Jones, J. Barry Smith, Fred H. Lucksinger C7 NOES: None .Q ABSENT: Richard G. Sleight "-D RESOLUTION NO. 526 (1959 Series), "A Resolution Transferring Funds" (increase Water - Meters by $1,200) was passed and adopted on motion of Kenneth W. Jones,-seconded by Nels Beck on the following roll call vote: AYES: Nels Beck, Kenneth W. Jones, J. Barry Smith, Fred H. Lucksinger NOES: None ABSENT: Richard G. Sleight Report of the City Clerk on bids received and opened for roadway excavation and em- bankment as shown on the plans entitled "terrace Hill'Earthwork, City Plan No. 1 -59" Ted Watkins $ 5,134.00 Madonna Constr Co $ 5,556:30 Landger Construction Co 2,020.05 Valley Paving & Constr 41661.70 Walter Bros 9,465.35 R. McGray 32617.00 Guido Ferini 6,650.75 Mr. Miller, Administrative Officer, recommended that the low bid of Landger Construction Company be accepted. On motion of Kenneth W. Jones, seconded by Nels Beck, the bid was awarded to Land.ger Construction Company. COMMUNICATIONS 1. Request of the San Luis Obispo Elks Lodge No. 322 for participation by the City and its officials in the Elks Club sponsored Youth in Government Day to be held May 4, 1959 was approved on motion of Kenneth W. Jones, seconded by J. Barry Smith. 2. Draft copy submitted by California State Polytechnic College of Agreement for Pug chase of Capacity Rights in Sewage Transmission Lines and Disposal of Sewage for study by Council was referred to the City Attorney for study and report. Communication from George G. Clucas of California Polytechnic College regarding ' the retaining by the city of a consultant to study the sewage disposal prob- lem of Cal Poly. Mr. Miller, Administrative Officer, presented the proposal of Whipple, Adamson, Murphy & Pearson to conduct an investigation into the sewer system to handle Cal Poly's sewage and to develop a plan for sewer lines to provide the re- quired capacity. On motion of Councilman Jones, seconded by Councilman Beck, it was resolved that the-city enter an a greement with Cal Poly and that Cal _Poly pay for the aonsultant to make a study as proposed. 1-10 MA? I A. 9Qfi9 ' . 3. Communication from the Central Coastal Regional Water Pollution Control Board notifying the city of the provisions of Public Law 660, 84th Congress, re Sewage Treatment Construction Grants for Cities and Districts was referred to the City Engineer. 4. Petition from the residents of Ferrini Road protesting the construction of apart- ment buildings by Clinton Farrar with access to Ferrini Road was presented. Mr. Irving J. Rogan appeared before the City Council on behalf of the protestants regarding the use permit granted Clinton Farrar tobuild an apartment with access to Ferrini Road. Mr. Kogan stated the protest was based on the follow- ing: 1. They believe that there was an error in the present zoning map as adopted by the City Council in January, 1959. 2. That the access to the parking for the residents of this apartment is inadequate and the fact that many cars backing out on Ferrini Road would be hazardous to school children going to Teach Elementary School. Mr. Kogan stated that he and his neighbors were extremely interested in keeping all the property facing Teach School as prime residential property, and that due to the error in the zoning map, one lot facing Ferrini Road across from Felton Way was an R -3 lot and he requested that this be rezoned to R -1 to protect the Teach school area. Mr. Fraser, Planning Director, presented to the City. Council the Planning Commis- sion's thinking and considerations in allowing the use permit to Mr. Farrar. The building, as contemplated by Mr. Farrar, will be in the R -3 zone and the parking would be allowed in an R -1 zone, even if an error had been made,in the map as adopted in 1955. Apparently when the new zoning map was adopted, the northerly boundary line between the R -1 and R -3 zone along the Ferrini Road was made at:-a property line instead of crossing a property line at right angles to Ferrini Road. Mr. Sharpe suggested that possibly an executive error in delineating the dividing line between R -1 and R -3 on Ferrini Road was the cause of tb: problem.. He further protested the establishment of the present dividing line. Mr. Houser, City Attorney, explained that regardless of the location of the divid- ing line between R -1 and R -3, the apartments as proposed would still be approved as they would be built on the R -3 area and parking would be allowed on the R -1. Mr. Farrar appeared before the Council and stated that he could not see what the problem was, as he was legally within his rights in building the apartment in an R -3 zone. Mr. Romero, upon questioning by the Council, explained the design and adequacy of the proposed parking layout. Mr. Garnet Woods stated that when he bought his home::on•:Ferrini Road, it was an R -1 district, protected for single family housing and he was objecting only to the inadequate parking layout on the access to Ferrini Road. Mr. Kogan again appeared before the Council stating that the access to-the parking area was extremely hazardous to children using the intersection of Felton and Ferrini Road, as cars would be coming in and out at this location and many children used Ferrini Road to go to and from Teach school. Claude Batchelor, Safety Committee Chairman for Teach School, stated that the P.T.A. at Teach school did not protest this access as the Safety Committee reported that after contacting Mr. Farrar, he had complied in rearranging his parking layout. Mr. Kogan stated, upon questioning by the Council, that no one protested this use permit tothe Planning Commission because the sign that was posted was de- stroyed by heavy rains and the legal notice in the paper was not seen. He demanded that the line between the R -1 and R -3 zone at the northerly boundary be changed, as it was in the map prior to 1955. Mr. Barlow appeared before the Planning Commission protesting the spot zoning in this area to R -3, and went on to protest that the City Planning (Cdim ission 1 1 MAR 16 1959 and Council had taken away his constitutional rights by not allowing due process in the matter of this spot zoning. Mrs. Barlow appeared on behalf of the mothers and did not want any more cars on Ferrini Road, as there are many children using Ferrini Road for access to Teach school. 5. Mayor Lucksinger announced that the City Would possibly declare a portion of the city owned property at Laguna Lake as surplus, and not needed for pre- sent or contemplated city use, and would put it up for auction, to be sold to the highest bidder if the price was right. He suggested that the money. derived from such a sale be pledged by the Council, 50% to develop the Laguna Lake area, and 507. to develop the Sinsheimer park area. 1 Councilman Smith stated he did not agree with any presently arranged split for recreation, although if it were held for recreation as a whole, it was satisfactory to him.. Councilman Jones suggested that certain easements should be retained for a water tank site, possible sewer easements, street widening, access, fencing, etc. . After some discussion, it was moved by Kenneth W. Jones, seconded by Nels Beck that Fred Gist be retained to make an appraisal and report to Council the appraisal for further discussion. 6. Minutes of the regular board meeting of the City Chamber of Commerce of Febru- ary 9, 1959, and financial report of the Chamber of Commerce for the month of February, 1959 were received and filed. 7. The Council approved the following salary step increases, to be effective, April 1, 1959 on motion of Kenneth W. Jones, seconded by Nels Beck: Rodrigues, Joseph L - Laborer - Equipment Operator - step 1, $300 per month to step 2, $317 per month. Darrow, Barbara J - Typist Clerk - Step 2, $254 per month, to step 3, $268 per month. Lamboy, Oscar D - Laborer - Equipment Operator - step 4, $354 per month, to ' step 5, $375 per month. Bailey, Lyle W - Groundskeeper - step 1, $284 per month to step 2, $300 per month. Miller, Ronald D - Police Officer - step 3, $396 per month to step 4, $419 per month. 8. Request of Nebraska Lands, Inc. for refund of inspection fees on Tract 126, College Highlands, was approved onamotion of Kenneth W. Jones, seconded by Nels Beck. Mr. Barlow urged that access be made to Chorro Street, if possible, so as to put the traffic on Chorro and not Ferrini Road. Mr. Kogan appeared before the.City Council stating he agreed with Mr. Barlow, in that an attempt should be made to put the access on Chorro Street. Mr. Farrar stated that he attempted to conform with all city requirements in regard to the building of his apartments, and stated that he had met with allethe` city requirements and spent a good deal of money to date, and he thought that these people were quite late in protesting this development. Mr. Kogan again appeared before the Council and asked that this boundary line y between R -1 and R -3 be returned as it was originally shown on the zoning CZ map. M < On.motion::of::Nels Beck,:seconded:by, J. Barry Smith, the use permit, as granted by the Planning Commission was allowed. On motion of J. Barry Smith, seconded by Nels Beck, the protest regarding the dividing line between R -1 and R -3 was referred to the City Planning Commission for their study to see if any error had been made in the 1955 zoning map. 5. Mayor Lucksinger announced that the City Would possibly declare a portion of the city owned property at Laguna Lake as surplus, and not needed for pre- sent or contemplated city use, and would put it up for auction, to be sold to the highest bidder if the price was right. He suggested that the money. derived from such a sale be pledged by the Council, 50% to develop the Laguna Lake area, and 507. to develop the Sinsheimer park area. 1 Councilman Smith stated he did not agree with any presently arranged split for recreation, although if it were held for recreation as a whole, it was satisfactory to him.. Councilman Jones suggested that certain easements should be retained for a water tank site, possible sewer easements, street widening, access, fencing, etc. . After some discussion, it was moved by Kenneth W. Jones, seconded by Nels Beck that Fred Gist be retained to make an appraisal and report to Council the appraisal for further discussion. 6. Minutes of the regular board meeting of the City Chamber of Commerce of Febru- ary 9, 1959, and financial report of the Chamber of Commerce for the month of February, 1959 were received and filed. 7. The Council approved the following salary step increases, to be effective, April 1, 1959 on motion of Kenneth W. Jones, seconded by Nels Beck: Rodrigues, Joseph L - Laborer - Equipment Operator - step 1, $300 per month to step 2, $317 per month. Darrow, Barbara J - Typist Clerk - Step 2, $254 per month, to step 3, $268 per month. Lamboy, Oscar D - Laborer - Equipment Operator - step 4, $354 per month, to ' step 5, $375 per month. Bailey, Lyle W - Groundskeeper - step 1, $284 per month to step 2, $300 per month. Miller, Ronald D - Police Officer - step 3, $396 per month to step 4, $419 per month. 8. Request of Nebraska Lands, Inc. for refund of inspection fees on Tract 126, College Highlands, was approved onamotion of Kenneth W. Jones, seconded by Nels Beck. MAR 16. 1959 9. Request of Lindero Investment Co., Inc. for refund of $2,000 deposit on streets in Tract 126, College Highlands was approved on motion of Kenneth W. Jones, seconded by Nels Beck. 10. Request of Dr. John H. Woodbridge for consideration regarding paving of Sydney Street between Johnson and Flora Streets was referred to the Council study session of March 30, 1959 at 8 pm. 11. Copy of the County Public Health Department letter to James H. Dulitz, Depart- ment of Natural Resources, San Luis Obispo, re sewage problem, was received 1 and filed on motion of Nels Beck, seconded by Kenneth W. Jones. OLD BUSINESS 1. Communication from Mrs. Maude Breeden protesting the requirements of the City Planning Commission for her to install sidewalk, curb and gutter as a.condi- tion of a use permit for construction of second residence at 2600 Meadows Street. 2. On motion of Kenneth W. Jones, seconded by Nels Beck, it was moved:that the re- quirements of the use permit be revoked and Mrs. Breeden sign an agreement with the city that she install curb and gutter when any other property on her block does so. 2. Request of the Morro Bay Rifle Club to use the City Hall rifle range at such time as the schedule permits was approved on motion of Kenneth W. Jones, seconded by Nels Beck. 3. Communication from John Louk regarding sewer failure on Branch Street for which they were required to pay a local contractor for repairs, and asking relief from the city for same. Letter from Mr. Romero, City Engineer, reporting regarding his investigation and stating that the city was not responsible for any damage to the sewer line. On motion of Nels Beck, secnded by Kenneth W.-Jones, request of Mr. Louk was denied. 4. Communication from the City Planning Commission recommending certain rezonings in the Johnson Avenue - Laurel Lane area (Southwood Subdivision). - a. Petition from residents in the area protesting any w ning to commercial on Johnson Avenue. b. Petition presented by Mr. Flagg urging the rezoning to commercial as re- quested and approved by the Planning Commission. c. Minutes of the public hearing by the City Council on March 2, 1959. d. Communication from Timothy I. O'Reilly, attorney for the protestants, setting forth the objections:to the recommended rezoning to C -1S. e. Communication from Flagg - Condiotti Organizations urging the rezoning as proposed. ORDINANCE NO. 111 (1959 Series), "An Ordinance Rezoning Property on Johnson Avenue from R -1 to C -1S" was introduced and passed to print on motion of Kenneth W. Jones, seconded by Nels Beck on the following roll call vote: AYES: Nels Beck, Kenneth W. Jones, J. Barry Smith, Fred H. Lucksinger NOES: None ABSENT: Richard G. Sleight ORDINANCE NO. L12 (1959 Series), "An Ordinance Rezoning Certain-Proper ties From ' M to R -1 and from M to R -3" was introduced and passed to print on motion of Kenneth W. Jones, seconded by J. Barry Smith on the following roll call vote: AYES: Nels Beck, Kenneth W. Jones, J. Barry Smith, Fred H. Lucksinger NOES: None ABSENT: Richard G. Sleight City Council to hold a study session on March 30, 1959!at 8 pm. City Clerk to MAR 16 19bV IS notify all those who showed an interest regarding the study session. 5. Communication from the committee on E1- Camino Real urging Council support for legislation to designate U. S. Highway 101 from Mexico to San-Francisco as E1 Camino Real, U. S. Highway 101 alternate from Oxnard Junction to San Juan Junction:as Pacific Coast Highway, and Highway 1 from San Francisco to Los Cruces as Cabrillo Highway. RESOLUTION NO. 527 (1959 Series), "A Resolution Endorsing Senate.-Bill 123, Assembly Bill 1769, and Assembly Concurrent Resolution 52" was passed and adopted on motion of Nels Beck, seconded by Kenneth W. Jones on the following roll call vote: AYES: Nels Beck, Kenneth W. Jones, J. Barry Smith, Fred H. Lucksinger NOES: None ABSENT: Richard G. Sleight 6. Communication from the San Luis Obispo Little Theatre, requesting-permission . to use the Council Chambers to hold a play, "The Caine Mutiny Court Martial." -� Mrs. Maino appeared before the Council on behalf of the request of the Cs7 theatre. After some discussion, on motion of Kenneth W. Jones, seconded by Nels Beck, request was granted and the Little Theatre was to work with Mr. Houser, Mr. Miller, Administrative Officer, and Mr. Fitzpatrick, City <` Clerk. Councilman Jones left at 9:50 pm. 7. Communication from the Yazoo Sales Company of Jackson, Mississippi, notifying the city that they were shipping a Yazoo lawn mower for use by the city. 8. Resolution of the Board of Education, San Luis Obispo City Schools, requestea g consolidation of the city school tax election with the general municipal election to be held April 14, 1959. Resolution of the County Superintendent of Schools, requesting consolidation of the city school tax election with the general municipal election, to be held April 14, 1959. On motion of Nels Beck, seconded by J. Barry Smith, the recommendation for con- solidation was approved by the Council. 9. Petition from the residents of the College Highlands Tract protesting the maintenance by the subdivider, Morgan Flagg, of a op nd,..which is a hazard to all children in the neighborhood, and which is presently not fenced. They request that the city do somethiM regarding this "attractive nuisance" before it becomes a death trap for children. Mr. Flagg wrote a letter to the City Council stating that had this problem been brought to the attention by the petitioners, he was sure it could have been mutually solved by all concerned. He stated that he would antact the indi- viduals concerned, and that if a solution mutually satisfying was not arrived at, he would remove the source of their complaint. 10. Mr. Romero, City Engineer, reported that in addition to this pond, there was a matter of flow of se_ wage from the Forest Service which was making this pond a health hazard. The Council instructed the Health Department to be requested to investigate this problem and Mr. Houser, City Attorney, was to see what was necessary to abate this nuisance. 11. Public Works Department report for the month of February was received and filed. 12. Communication from C. C. Humphrey, Rileys Department Store, regarding the option given to the city by Mr. Humphrey to purchase additional parking area on Chorro and Marsh Street. n4 MAR 16 .19b'd Mr. Humphrey requested that the city in turn give him an option to be the first one to be allowed to buy the property if the parking lot is not developed as planned. The matter was held over. 13. Mr. Miller, Administrative Officer, reported that the Park and Recreation Commission had discussed the matter of.placing lights on the signboard in Mission Plaza. After discussion with the Soroptomist Club, it was recom- mended that monies from the Soroptomist Club be used to light the sign and also make available an electrical outlet to the Plaza as requested by the Soroptomist.Club. On motion of Nels Beck, seconded by J. Barry Smith, the recommendation was approved. 14. Mr. Miller presented an expense claim for Police Chief Schofield for expenses of attending a meeting in Sacramento at the request of State Assemblyman Holmes. Mr. Miller reported that he was out of town at the time and that Mr. Schofield had contacted three members of the council for permission to go to Sacramento for this meeting. It was moved by Councilman Smith that the claim be denied. There being no second, the motion was.lost. On motion of J. Barry Smith, seconded by Nels Beck, the meeting adjourned. Approved this cY day of March, 1959. u