HomeMy WebLinkAbout06/01/1959152 1 �JUN 1 1950
CITY COUNCIL MINUTES
June 1, 1959 - 7:30 PM
The City Council met in regular session with Mayor Fred M. Waters presiding.
Roll Call: Present - Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey,
. J. Barry Smith, Fred M. Waters
Absent - None
Minutes for the meeting of May 18 and special.meeting of May 20, 1959 were approved '
as read.
Claims against.the city were approved for the month of June, 1959, on motion of.
Kenneth W. Jones, seconded by Gerald W. Shipsey, subject to the approval of
the Administrative Officer.
RESOLUTION NO. 556 (1959 Series), "A Resolution Increasing the 1958 -59 Budget"
(legal advertising, election expense & motor vehicles) 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
City Clerk reported on bids received and opened for construction.of South Street
Improvements, Proiect #34•
1 - Guido 0 Ferini (Santa Maria) -------------=------- -- ---- --- $ 35;467.75
2 - Ted Watkins (San Luis Obispo) ---------------- -- --- --- -=--= 412511.75
3 - Madonna Construction Co (San Luis Obispo) ----------- - - -- -- 30,900.60
4 - Valley Paving & Construction Co (Pismo Beach) --- ----------- 339998.30 .
5 - Landger Construction Co (San Luis Obispo) ------- -- -- - -- - -- 43,751.70 1
6 - Cox Bros Construction Co (Stanton) ------------ -- --- ------- 40,390.90
Mr. Miller, Administrative Officer, recommended that the low bid of Madonna
Construction Company be accepted. On motion of Kenneth W. Jones, seconded by
Donald Q. Miller, the bid was awarded to Madonna Construction Company.:—
Mr. Romero, City Engineer, stated that due to the savings on the.South Street con-
struction project, he requested authority to proceed with plans and specifications
for reconstruction of Laurel Lane from Johnson Avenue to Walter Street. -On motion
of J. Barry Smith, seconded by Kenneth W. Jones, authority was granted.
COMMUNICATIONS
1. Communication from the Chamber of Commerce Industrial Development Committee re-
questing a.study session with the City Council regarding proposed annexations
to the City was referred to the Planning Commission for possible study by the
commission and the Chamber of Commerce Committee:
2. Communication from the San Luis Obispo County Farm Bureau, calling attention of
the City Council to items in the County budget which grant general fund money
to the special needs in the unincorporated areas, and a resolution of the
Farm Bureau regarding this problem. Communication referred to a committee '
consisting of Councilman Miller, Administrative Officer Miller and City
Attorney Houser, for study and consultation with the Supervisor from this
district, and report back to the Council.
3. Notice from the California State Chamber of Commerce regarding meeting to be held
Wednesday, June 10 in San Luis Obispo, regarding the highway development needs.
Councilman Shipsey, Administrative Officer Miller, City Engineer Romero, and
Planning Director Fraser were authorized to attend the Chamber of Commerce
meeting on highways.
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JUN 1 1951
4. Communication from L. H. Wright, 675 Btizzolara Street, regarding a parking
problem on Brizzolara Street was referred to the Traffic Committee on
motion of Kenneth W. Jones, seconded by Donald Q.. Miller -- Committee to
make immediate.study of this problem.
5. Communication from the Park and Recreation Department regarding the dispo-
sition of the observation tower at Mitchell Park. On motion of Kenneth
W. Jones, seconded by Gerald W. Shipsey, the Administrative Officer was
authorized to prepare advertisement for sale of the Civil Defense Tower.
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1 6. Resignations of Carol Seward, Secretary, and William Reeves, Police Lieutenant,
were accepted.
8:00 PM - PUBLIC HEARING
Appeal of A. L. Ferrini - At this time the Mayor declared the public hearing
open-on the appeal of A. L. Ferrini on a use permit for a parking lot at
North Broad and Foothill Boulevard, adjacent to the Dairy Queen.
Communication from the Planning Commission explaining to the Council.the
reasons and background for their denial of the use permit. The Planning
r-, Commission rules require four affirmative votes to approve a use permit,
C and at the special meeting of May 5, 1959, only four members was present,
< two voting aye and two voting no. Therefore, the application-for use
°-� permit was denied.
Communication from W. R. Woolpert, Attorney for A. L. Ferrini, in w hich he
explained the property owners side of the request for use permit. Mr.
Woolpert appeared before the City Council on behalf ofthe Ferrinis; en-
larging upon the comments made in his letter, mentioned above. Mr. Wool -
pert showed a plot map of the property in question, showing the proposed
uses to be made and the traffic flow planned for the development.:'
Councilman Miller questioned Mr. Woolpert and Mr. Fraser, Planning Director,
Mr. Roberts appeared before the Council objecting to the use of this R -3
property as a parking lot for commercial use, as this will devaluate all
adjacent property. He said the original use permit called for a fence
dividing the R -3 and C -1 property which he thought was done to.prohibit:the
R -3 property being used for commercial purposes.
Mr. Schuldt objected to the use of the R 73 area for parking as he claimed
this was extension of the C -1 use and further, the use of this lot for
parking will definitely devaluate the value of the property for living
and home purposes. Further, the loss of privacy due to this.parking lot
and commercial development was of irreparable damage to this property,.
Mrs.-Hilda Ferrini appeared before the Council in support of the use permit.
Mr..Woolpert suggested that hedge planted adjacent to the Schuldt property,
go from Broad Street to the edge of the paving and that the section of
planting in the setback lire, less the driveway entrance and exit, should
be low enough so as not to hamper the vision at the driveway..
Mr. Schuldt stated it appeared the Council was attempting to arrive at a
compromise and that he was against this property being used in conjunction
with a commercial use.
Councilman Miller asked Mr. Schuldt what his objections were to the proposed
compromise.
Mr. Schuldt answered (1) spreading of debris from the Dairy Queen (2) de-
valuation of his property (3) the weakening of the R -1 zone in this area
by the encroachment of commercial (4) he would not be willing to go along
with any compromise other than R -3 property being used as R -3 property.
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on
some of the background of the zoning and
uses of .this entire parcel.
Mr.
Fraser reported that Planning Consultant
Wise could see no,-.objection
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to
the use of this property as a parking lot
if certain protestions, such
as
front setback and planting along the R -1
property south of the parking
.lot
were made.
Mr. Roberts appeared before the Council objecting to the use of this R -3
property as a parking lot for commercial use, as this will devaluate all
adjacent property. He said the original use permit called for a fence
dividing the R -3 and C -1 property which he thought was done to.prohibit:the
R -3 property being used for commercial purposes.
Mr. Schuldt objected to the use of the R 73 area for parking as he claimed
this was extension of the C -1 use and further, the use of this lot for
parking will definitely devaluate the value of the property for living
and home purposes. Further, the loss of privacy due to this.parking lot
and commercial development was of irreparable damage to this property,.
Mrs.-Hilda Ferrini appeared before the Council in support of the use permit.
Mr..Woolpert suggested that hedge planted adjacent to the Schuldt property,
go from Broad Street to the edge of the paving and that the section of
planting in the setback lire, less the driveway entrance and exit, should
be low enough so as not to hamper the vision at the driveway..
Mr. Schuldt stated it appeared the Council was attempting to arrive at a
compromise and that he was against this property being used in conjunction
with a commercial use.
Councilman Miller asked Mr. Schuldt what his objections were to the proposed
compromise.
Mr. Schuldt answered (1) spreading of debris from the Dairy Queen (2) de-
valuation of his property (3) the weakening of the R -1 zone in this area
by the encroachment of commercial (4) he would not be willing to go along
with any compromise other than R -3 property being used as R -3 property.
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54
Mr. Roberts stated his objections were the devaluation of the property in the
R -1 zone, debris and odors from the oommercial development and the constant
creeping commercialism; making his property less valuable. He still objected
to the use of this property for parking and commercial use, and he was not
interested in any compromise.
Mr. A. L. Ferrini stated that he thought that off - street parking was necessary
and desirable in connection with any commercial use in mixed zoning areas,
so as to eliminate as much traffic congestion on the streets as possible.
He believed that a parking lot adjacent to the Dairy Queen would provide
safety for the customers and the pedestrians in the area.
Mr. Roberts asked for a delay of three or four months before this use permit
was granted, so that the traffic problems on this area could be studied.
On motion of Gerald W. Shipsey, seconded by Donald Q. Miller; the use permit
would be referred back to the full Planning Commission to reconsider and study
all the ramifications of uses and zoning in this area.
Mr. Woolpert, after consultation with his clients, asked that the Council make
the decision, as the appeal was made to the Council after being presented to
-the Planning Commission, and in accordance with the municipal code, was the
final appeal on matters regarding zoning and use permits.
Councilman Miller withdrew his second to the motion of Mr. Shipsey. The motion
was lost for lack of a second.
Mr. Miller made a motion to sustain the decision of the Planning Commission.
The motion was lost for lack of a second.
RESOLUTION NO:657 (1959 Series), "A Resolution Granting a Use Permit to Ferrini
for-Off-Street Parking" was passed and adopted on motion of'Kenneth W. Jones,
seconded by J. Barry Smith on the following roll call vote:
AYES: Kenneth W. Jones, Dr. J. Barry Smith, Fred M. Waters
NOES: Donald Q. Miller, Gerald W. Shipsey
ABSENT: None
Mr. Schuldt still objected to the Council on the installation of the double
driveway entrance on this property.
Appeal of Harry Orvis - At this time the Mayor declared the public hearing open on
the appeal of Harry Orvis from the decision of the Planning Commission denying
his request for zoning change in Lot 1, Block 69, Old Town, from R -3 to C -1.
City Clerk read the communication from the Planning Commission recommending denial
of the request for change in zoning.
Mr. Harry Orvis appeared before the Council on behalf of his petition that the
City Council reverse the Planning Commission decision and rezone his property
from R -3 to C -1, as requested. Mr. Orvis said that it was peculiar-that his
request was turned down when not one protest was heard or presented in the
three meetings held by the Planning Commission. Further, the Planning Commission
told:;him that one of the reasons his zD ning request was denied was due to the
narrowness of Chorro Street, and the congestion a commercial zone would add to
this area: Mr. Orvis said if this was true, why dDesn't the city widen the
street.
Mr. Fs ser, Planning Director, explained for the Council's infonation, the
Planning Commission's thinking in denying the request of Mr. Orvis. The master
land use plan of the city does not envision this area as commercial, but as
multiple dwelling. Further, just zoning one-lot is spot zoning, which is
against Planning Commission policy. If this were zoned commercial it would be
the beginning of strip zoning on Chorro Street, with subsequent additional
traffic.
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`JUN 1 1939
155
:ORDINANCE NO. 115,_(1959 Series), "An Ordinance Rezoning Property on the
corner of Chorro and.Walnut Streets From R -3 to C -1" was introduced and
passed to print 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
Public hearing is to be held June 15, 1959.
7. For the Council's consideration, renewal of a contract with the Cooperative
Personnel Services for continuing examination services for the City of
San Luis Obispo.
RESOLUTION NO. 558 (1959 Series), "A Resolution Authorizing Execution of
"Cost Service Contract Form A" was passed and adopted on motion of Gerald
�,. W. Shipsey, seconded by Kenneth W. Jones on the following.roll call vote:
j AYES.: Kenneth W.Jones, Gerald W. Shipsey, Donald Q. Miller, J. Barry
Smith, Fred M. Waters
d NOES: None
ABSENT: None
8. Report by the Department of Water Resources on the progress of the Whale
Rock project for the month of April, 1959, was received and filed.
9. TheCity Council discussed the policy of certain city -owned vehicles not being
marked with a city decal or other identifying feature. Councilman Smith
stated he believed any car owned by the City should be plainly marked so
that the taxpayers and voters in the City know where and who is burning
the City's gas. Other Councilmen concurred in Councilman Smith's remarks.
' Chief Schofield appeared before the City Council appealing the marking of
city -owned vehicles as progressive police work does not permit the marking
of police cars, and that unmarked police cars do a better job in crime
prevention and apprehension than do cars that are plainly marked. He
asked that the City Council meet with him so that he can.explain the S ason
for not marking the police cars.
It was moved by J. Barry Smith, seconded by Gerald W. Shipsey, that effective
immediately, all city cars, trucks and other motor vehicles owned by the
City of San Luis Obispo, except one car used by the detective section of
the Police Department be plainly marked with the official decal of the city
or other appropriate departmental.insignia.
10. Application of Charlie Estep to operate a cafe at 1737 Santa Rosa Street was
held over.
11. Communication from the Planning Commission recommending approval of a'rezoning
from R -2 to R -3 of the area in the vicinity of Murray Avenue, Casa Street
and.Stenner Street.
ORDINANCE NO. 116 (1959 Series), "An Ordinance Rezoning From R -2 to R -3 Certain
Property in the Vicinity of Murray Avenue and Casa and Stenner Streets"
was introduced and passed to print 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
Public Hearing to be held June 15, 1959.
12. Communication from the Planning Commission notifying the City Council of their
denial of a request for rezoning.from Dr. J. H. Woodbridge from R -2 to
R -3, for property located at 1034 Murray Avenue was received and filed.
!JUN. 1 1959
13. Communication from the Planning Commission recommending .. favorable_•action
of the �Cityr -,Coancilc :on_,ac.request for:•rezoning:from R *1:.to ~.R -3 ofra %,
triangular..- parcel:`in a::portion'. of•' Lot D, Breed's Addition; ; . -.
(Mr. '.A. %. J•.;..Bonia) .
ORDINANCE NO. 117 (1959 Series), "An Ordinance Rezoning From R -1 to R -3 Property
on the East Side of Ferrini Road North of Foothill Blvd ".was introduced
and passed to print 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
Public Hearing to be held June 15, 1959.
14. Communication from the Planning Commission recommendingfavorable action on re-
zoning from R -1 to R -3', a:,.lotnlocated on Ferrini Road north of Foothill
Boulevard. (Milton Nadelle) •
ORDINANCE N0. 118 (1959 Series), "An Ordinance Rem ning the Nadelle Property
From R -1 to R -3" was introduced and passed to print on,.motion of Gerald
W. Shipsey, seconded by J. Barry Smith on the following roll call vote:
AYES: Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters,
NOES: Kenneth W. Jones
ABSENT: None
Public Hearing to be held June 15; 1959.
15. Communication from the Planning Commission notifying the Council of their
denial of a request for rezoning of,lots 5, 6 and 7, Block 4, in the
Imperial Addition, from R -2 to C -2. (Donald Q. Miller) This matter was
held over.
16. Communication from the Planning Commission recommending favorable action by
the Council on the request for rezoning of Lots 1 through 5, Block A
and Lots 7 through 14, Block B. Tract 133, from R -1 to R -2. (Nebraska
Lands, Inc.)
ORDINANCE NO. 119 (1959 Series), "An Ordinance Rezoning From R -1 to R -2 Certain
Portions of College Highlands Unit No. 5" was introduced and passed to print
on-motion of Donald Q. Miller, seconded by J. Barry Smith on the following
roll call vote:
AYES: Kenneth W. Jones,. Donald Q. Miller, Gerald W. Shipsey, J. Barry
Smith, Fred M. Waters
NOES: None
ABSENT: None
Public Hearing to be held July 6,,1959.
17. Communication from the Planning Commission recommending favorable action by the
Council on the rezoning from R -2 to R -1, on that area between the south
City limits to a line 150' south of South Street, and from Meadow Street to
the rear of the lots facing Broad Street.
ORDINANCE NO. 120 (1959 Series), "An Ordinance Rezoning From R -2 to R -1
Property in the Vicinity of Lawrence Drive and Meadow Street" was intro-
duced and passed to print on motion of Gerald W. Shipsey, seconded by
J. Barry Smith on the following roll call vote.
AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey; J. Barry
Smith, Fred M. Waters
NOES: None
ABSENT: None
Public Hearing to be held July-6, 1959.
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18. Communication from the Planning Commission recommending the adoption by the
City Council of a Deep Lot Ordinance for development of large lots was
held over for study.
19. Communication from the Planning Commission recommending the adoption by
the City Council on an amendment to Ordinance No. 59 (1959 Series),
Board of Adjustments was held over for study..
20.. Communication from the Planning Commission regarding adoption by the Council
of amendments to Section 9100.4 and 9200.16 of the municipal code, was
held over for study.
21. Communication from the Planning Commission regarding the tentative map and
development of Laguna Park Homes (presently located outside the city
limits along French Road) was held over for study.
22. Communication from the Planning Commission recommending favorable action by
the Council on abandonment by the City of that portion of Pepper Street
south of Pacific, adjacent to the Southern Pacific Company right-of-way.
Set for public hearing on July 20, 1959.
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23. Communication from the Planning Commission recommending favorable action by
r the Council on the dbandonment by the City of a portion of Venable Street
from Broad Street to the alley between Broad and Almond Street, subject
to utility and drainage easement. Public hearing to be held July 20, 1959.
24. For the Council's information, lists of current bills presented tothe legis-
lature were presented and filed.
25. Claim of Norman Babcock for room rent at the Wineman Hotel, due to the City's
turning off his water for nonpayment of a water bill.
Mr. Babcock appeared before the City Council requesting that his claim for
$6.00 for a hotel room for himself and his wife be paid by the City as
he was forced to go to a hotel when his own.home was made unusable due
to the water having been turned off for nonpayment of a water bill. ' Mr..
Babcock requested that the City apply the $6.00 that he paid for room ret
to his next water bill, the reason for the protest being the arbitrary and
high- handed manner in which he was treated, due to not having paid his
water bill.
Director of Finance, J. H. Fitzpatrick, reported for the Council's informa-
tion, the steps taken to notify Mr. Babcock prior to having his more
than four month's water bill paid or have the water shut off. Mr. Fitz-
patrick further explained that the steps taken in this matter were the same
treatment afforded to all water customers who had delinquent accounts.
On motion of Gerald W. Shipsey, seconded by Kenneth W. Jones, the request of
Mr. Babcock was denied.
26. Richard D.Miller.announced the promotion of Jack Wainscott to Battalion Chief
in the Fire Department at the fourth step of $553 per month, and William
Woodward to Fire Captain at the third step of $469 per month, both to be
effective June 1, 1959.
27. The following contract payments were approved on motion of Kenneth W. Jones,
seconded by Gerald W. Shipsey.
Madonna Construction Co Alrita. Estimate #7 $ 12739.25
L E Webb Construction Co Terrace. Hill " 1 1,358:25
' Bob Bosnyak Higuera St sewer 1 22,729.79
28. City Council-set a public hearing for 8 pm, June 15, 1959, on the 1959 -60
City budget..
29. RESOLUTION NO. 559 (1959 Series), "A Resolution Increasing the 1958 -59 Budget
and Transferring Funds" was passed and adopted on motion of J. Barry Smith,
seconded by Kenneth W. Jones on the following roll call vote: (sewer)
AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J. Barry
Smith, Fred M. Waters
NOES: None
ABSENT: None
`JUN 1 1959
OLD BUSINESS
1. The Council took under consideration the appointment of a citizen's
committee to study the city's traffic problems, including one -way
streets, as suggested by Mayor Waters. By common consent of the Council
a list of prospective members to this committee will be presented to the
Mayor who will then appoint a citizen's committee on traffic problems.
Councilman Shipsey and Councilman Smith to be members of this committee.
2. RESOLUTION NO. 560 (1959 Series), "A Resolution Establishing Policy in Regard
to Out of Town Trips on City Business, Meetings and Conferences by City
Personnel" 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.
Shipsey,.Fred M. Waters
NOES: None '
ABSENT: None
Miller, J. Barry Smith, Gerald W.
3. Traffic Committee Report of May 22 and supplemental report of May 25, 1959,
on matters referred:
59 -6 -1T -- referred to a Council committee consisting of Kenneth W. Jones
and Donald Q. Miller to review recommendations with the Traffic Com-
mittee.
59 -5 -2T -- referred to a Council committee consisting of Kenneth W. Jones
and Donald Q. Miller to review recommendations with theTraffic Committee
and report to the Council.
ADDENDA
1.' Mr.'Romero, City Engineer, presented for the Council's consideration, con-
struction plans for the City's share of reconstruction of the Marsh Street
Overcrossing at the tracks of the Southern Pacific Company. After'dis -.
cussion, on motion of J. Barry Smith, seconded by Donald Q. Miller, Mr. .
Romero was to get permission and approval and cooperation of the Southern
Pacific Company before any work is completed and report to the Council on
the negotiations made.
2. Request for military leave for Police Officer Scott.D. McCaskey from June 1
through 15 and July 19 to 31, was approved on motion of Donald Q. Miller,
seconded by J. Barry Smith.
3. Communication from Foster and Kleiser Company, regarding illumination of the
City panel in the Mission Garden was ordered received and filed.-
4. Communication from the Department of Water Resources regarding preparation of
a recreation plan for the Whale Rock Reservoir., and city's preparation for
participation in same was received and filed. W. Miller was fo communicate
with the Department of Water Resources, tentatively approving plans with no
commitment by the City.
5. Mr. Miller announced that Police Officer-Schacht is returning from military
service and will begin his work for the City on June 16, 1959.
6. Mr.'ROmero, City Engineer, presented for the Council's information, a tentative
map of Johnson Highlands Subdivision.
7. Mr. Houser, City Attorney, presented to the Council an a pplicatioh of the City
of San Luis Obispo for air service for San Luis Obispo.
On motion of J.. Barry Smith, seconded by Kenneth W. Jones, the meeting adjourned.
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