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HomeMy WebLinkAbout09/14/1964ADJOURNED MEETING OF CITY COUNCIL September 14, 1964 - 7:30 P. M. CITY HALL Invocation was given by Mayor Clay P. Davidson. Roll Call Present: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald ?. Miller, Clell W. Whelchel City Staff Present: P. Chapman, Director of Planning & Building; J. H. Fitzpatrick, City Cleric; W. Flory, Superintendent of Parks and Recreation; W. B1. Houser, City Attorney, R. D. Miller, Administrative Officer; W. Schofield, Police Chief. 1. At this time the City Council continued a public hearing on the rezoning of the Barney Duveneck property on Santa Rosa Street. Mayor Davidson declared the public hearing open. Peter Chapman, Planning Director, briefed the proposal for the City Council's information. Mayor Davidson again gave the reasons why he objected to the rezoning to R -3 or R -4 as he does not believe that the access to the property is adequate t from Highway No. 1 and that east bound traffic would have to proceed west to the Boysen Avenue entrance, then make a 180° turn from west travel to east travel and could cause tragedy and death on the highway. Although, he believed that this would be proper zoning if the traffic problem could be solved. Councilman Graves stated he agreed with the recommendation of the Planning Commission to rezone to R -3 as Mr. Duveneck has complied with all the require- ments of the Council as far as access is concerned and would agree with the Planning Commission's recommendation to rezone to R -3. Councilman Miller again explained to the Council the history of the Duveneck rezoning which has been before the Council for seven (7) years and the conditions of the access placed on the property by the City Council. He stated that Mr. Duveneck has complied with the City's conditions and that the zoning should be granted to Mr. Duveneck. Barney Duveneck appeared before the Council on behalf of his request to rezone to multiple use, stating that he believed that his property should be zoned to multiple uses as the property is becoming more valuable and the taxes are constantly going up, based on the value of the land, yet he cannot make proper uses of the land while it is zoned R -1. He stated that he has complied with the prior Council's requests in acquiring a larger access to Santa Rosa Street. He stated that the property he acquired for the access was extremely expensive and he believed that this piece of ground should be put to proper use which he believed would be an asset to Cal Poly for student off - campus living. Mayor Davidson declared the public hearing closed. On motion of Councilman Graves, seconded by Councilman Miller, that the recommendation of the Planning Commission be followed and the property to be zoned to R -3, and the following ordinance was introduced and passed to print. Ordinance No. 291, an ordinance rezoning Duveneck parcel from R -1 to R -3. Past to print on the following roll call vote: 1 ki City Council Minutes September 14, 1964 Page -2- AYES: NOES: ABSENT: Miss Margaret McNeil, Z. L. Graves, Jr., Donald Q. Miller, Clell W. Whelchel Clay P. Davidson None 2. At this time the City Council held a public hearing on a proposal to establish municipal bus system in San Luis Obispo. or Davidson declared the public hearing open. Les Dirkes asked if the proposed bus system was to be subsidized by the tax payers. Mayor Davidson stated that there is no plan for financing a bus system as the Council was asked to hold a public hearing on the matter. Mr. Dirkes objected to the City subsidizing a bus system at the expense of the tax payers. Richard D. Miller,.Administrative Officer, explained the initial cost of establishing a bus service according to the report prepared by Mr. Farell. Councilman Miller explained that he was the one who asked to have the matter placed on the agenda as many citizens had asked him to have the City Council consider the City establishing a bus system. Mr. Duveneck asked how many people actually would use the bus system and could not a weekly jitney system from various parts of town be established by the present taxi cab companies. Mayor Davidson declared the public hearing closed. On motion of Councilman Miller, seconded by Councilman Whelchel, that the bus system matter be tabled. Motion carried. 3. On motion of Councilman Graves, seconded by Councilman Miller, that the Grant Deed and Agreement for street widening.for Foothill Boulevard from Gail Lee Mandes be accepted and the Mayor was authorized to sign the Grant Deed on behalf of the City. Motion carried. 4. On motion of Councilman Graves, seconded by Councilman Miller, that the Covenant for temporary erection of improvements within the public right of way from J. B. Goode, be accepted and the Mayor was authorized to sign the Covenant and record it on behalf of the City. Motion carried. 5. Communication from Douglas 011 Company requesting the City Council that they be required to improve with sidewalk only the property they are improving at the corner of Broad and Francis Streets. On motion of Councilman Graves, seconded by Councilwoman McNeil, the matter was referred to the Planning Commission, Motion carried. 6. At this time the City Council discussed the replacement of the Price driveway ramp at 1213 Bond Street. Richard D. Miller, Administrative Officer, stated that D. F. Romero, City Engineer, requested that the matter be held over to a future meeting when he is present. Councilman Miller explained to the Council the problem of a driveway ramp located at 1213 Bond Street where, since the curb, gutter and sidewalk was placed, the property owners are now unable to use this carport due to the crown of the street and sidewalk standard of the Public Works Department. Councilman Miller stated that he will recommend that the City replace the driveway with a driveway that can be used. City Council Minutes September 14, 1964 Page -3- Councilman Graves agreed that the City should replace the sidewalk or pay the property owner for severance. On motion of Councilman Miller, seconded by Councilman Whelchel, the matter was held over to September 21, 1964. 7. At this time the City Council discussed the request to the State of California to make a salary survey for the City. Councilman Miller suggested that the City Council consider having the State Personnel Board make a salary survey for the City. He believed that every company or firm should have an outside survey of the salaries of all employees. On motion of Councilman Miller, seconded by Councilman Graves, that Administrative Officer Miller be authorized to get a proposal from the State Personnel Board. Motion carried. 8. At this time the City Council held a joint meeting with the Planning Commission and Park & Recreation Commission to discuss the alternate Highway No. 1 routes through Laguna Lake Park. The following communication was received from Fred L. Hector, Consultant: "Recently I visited with Mr. Richard Miller and with Mr. Peter Chapman of your staff and the matter of the routing of the new freeway from the coast came up in the discussion. t One of the proposed routes would go through the full length of Laguna Park. For the assistance it may be in your deliberations on the best route, I present the following factors: 1. The - easiest route in the past experience in similar situations has proven to be to cut through large parks because there is an absence of homes and, consequently, of the "displacement of families ". 2. I should like to point out that such action, in actuality, hurts everyone in the city in the loss of park and open space, a loss that compounds and is felt more strongly through the years following. 3. If, after a careful analysis of the situation you find that the freeway must go through the existing park, then I strongly recommend that the State should, in return procure lands of water frontage on Laguna Lake for park purposes. These lands should be in scale to create space ample to carry out the functions planned, but destroyed by the loss of acreage and particularly by the splitting of the original site. I enclose a copy of "Master Plan, Laguna Lake Park" with a freeway right -of -way indicated through the park on Plate II. The impact on the functioning of the park is quite obvious." Planning Director Chapman presented for the City Council's information maps and sketches of proposed routes of the proposed relocation of Highway No. 1 through the City with particular emphasis to the various routes proposed through Los Osos Valley along Los Osos Road and other routes east of Los Osos Road through the City around Laguna Lake Park property. Ken Schwartz, Planning Commission Chairman, reviewed for the Council the action to date relative to the rerouting of Highway No. 1 through the City or adjacent to the City. He explained the Planning Commission viewpoint on keeping the present Los Osos Road a limited access route in cooperation with the County. Also, he stated that another fear of the Planning Commission in allowing Los Oscs Road to meet with Highway No. 101 would be the development of possible regional shopping centers at this major intersection to the detriment of City business. He also stated that he did not believe that the Division of Highways would look favorably upon a connection of Highway No. 1 City Council Minutes September 14, 1964 Page -4- and Highway No. 101 at the Marsh Street and Madonna Road interchange. Therefore, the Planning Commission recommended that the Council request a study of the Los Osos Road gcing through the park, continuing east directly to the Highway No. 101 freeway, which would also then allow, at some future date, a connection through the saddle to the Marsh Street interchange. Mr. Schwartz continued that the Planning Commission is still very interested in the development of the Laguna Park and future land development of Mountain San Luis as open space. Mr. Schwartz also informed the Council of the thinking of the City Planning Commission recommending development of the park and the area through the saddle to the Marsh Street interchange. Ed Rodriguez appeared before the Council urging that the City put the new route for Highway No. I through the City and not go outside the City in the Los Osos Valley. Administrative Officer Miller objected to the possible alignment of the highway through Laguna Park. He also said the Division of Highways did everything they could to avoid schools, churches and parks. Bill Flory, Park & Recreation Superintendent, appeared before the Council and objected to the proposal to put a highway through the Laguna Park. The Park and Recreation Commission and the Laguna Lake Committee had requested him to present their objections to the City Council as it would make the park development unfeasible if not impossible. He also stated that the people living in Laguna area would object to the noise of a freeway in the park area. ' Mr. Rodriguez again appeared before the Council presenting statistics why the relocation of Highway No. 1 should be within the City, and preferably along the Broad Street alignment and not out in Los Osos Valley. Mr. Barrow, Meinecke Street, stated that provisions should be made to take care of the traffic needs as the City is being overrun with automobiles and some provision must be made to handle the present traffic and prepare for future increases. Mr. Duke, Laguna Lake Valley, appeared before the City Council urging the City to develop Laguna Lake Park for the citizens of the City and not put a highway through the park land. Gary Gully appeared before the Council opposing the highway route east into the foothill of Laguna Lake Park and then over the saddle to the Marsh interchange. Councilman Graves stated that he believed that a freeway through the north- east part of the park property on the high side and then east over the saddle to the Marsh Street interchange would be a good plan which would encourage development of the area north of the Laguna Lake Park. Arthur Rosen stated that he believed the Los Osos route would better serve the future population growth of the City because there is no question that the center of the City will be changed as well as the central business district and that the greatest potential growth will be in the Los Osos Valley area. Ed Rodriguez again appeared before the Council objecting to the routing of Highway No. I through Los Osos Valley and urged a route selection through the City. Mr. Easter, Orcutt Road, stated that the connection of Highway No. I through Los Osos Valley to Marsh Street would best serve the motoring public and the City. City Council Minutes September 14, 1964 Page -5- Ken Schwartz, Planning Commission Chairman, reviewed again the Planning Commission feelings on the routing of No. 1 Freeway through the Laguna Park area. Councilman Miller opposed Route #1 going through the park. Further, he believed the City should begin negotiation to reacquire the so- called Jr. High site lend in Laguna Lake Park which he opposed being sold in the first place. Councilman Whelchel believed that Route ifil should be down California Boulevard and that no highway should be placed within the City park land unless it went over the saddle to Marsh Street and if he had to chose a Los Osos route he would chose the enlargement of the present Los Osos Road for No. I Freeway. He also explained his reason for voting for the California Boulevard route against the Broad Street route. On motion of Councilman Whelchel, seconded by Councilman Miller, the people were thanked for their participation in the discussion and their advice will be taken under consideration for future discussion. Motion carried. 9. At this time the City Council considered the :Mission Plaza Report prepared by City Planning Department. Mayor Davidson brought up the matter of the suggested commercial area development at the corner of Broad and Monterey Streets and that instead of ' this type of development that additional parking should be made available so that proper growth of the area can go along with the plan as suggested and asked that the City Engineer be authorized to prepare a cost estimate for enlarging the proposed parking lot. Councilman Graves would not object to adding parking, but believed it was vital to keep the area for pedestrian traffic and not all a section of concrete and asphalt. He finally believed that the success of the Mission Plaza plan would be to make it interesting and pleasant for pedestrian shoppers. The following letter was received from Peter Kardel: "At your.preceading Council meeting you instructed Mr. Romero to obtain information regarding cost for providing additional parking spaces at approximately 743 Monterey Street. The proposed permanent parking spaces of approximately 13 surely would be inadequate to begin meeting the immediate or long -term needs in that area. Unless these needs are met, the improvements which our business community should make cannot be made. Therefore, I suggest that you instruct your City Engineer to supply data for you also on a permanent parking basis and instruct your Planning Director to submit landscaping plans for such a facility. Hopefully, this could park approximately 30 cars. I am most pleased with Mr. Chapman's work on his Mission Plaza Plan and hope that we can see it implemented in the coming weeks." The City Council discussed the matter of increasing the amount of parking in the proposed new Mission Plaza Plan. Ed Rodriguez questioned the propriety of damming the creek in the San Luis Creek as it may encourage the growth of mosquitos and also the clearing of the brush from the creek banks might allow slides during rainy seasons. On motion of Mayor Davidson, seconded by Councilman Miller, that a study be authorized by the City Engineer to prepare a cost estimate of enlarging parking areas to 25 or 30 spaces on Monterey Street. Motion carried. City Council Minutes September 14, 1964 Page -6- 10. Announcement that the next Channel Counties Division. League of California Cities meeting will be held in Santa Maria, California, on Thursday, September 24, 1964, was ordered received and filed. 11. Bulletin from the League of California Cities announcing a conference and special session on International MUnicipal Cooperation to be held on Sunday, October 11, 1964, was ordered received and filed. 12. Communication from Mayor Davidson regarding Cable TV Progress. Mayor Davidson briefed the discussion with Mr. Cohan regarding CATV problems in San Luis Obispo and urged the City to do all in their power to help Central California Communications Corporation in bringing CATV to San Luis Obispo. The following communication was received from City Attorney Houser: "From a brief review of the voluminous petitions, counter petitions, correspondence and articles, it would appear that Central California Communications Corporation will be delayed in its obligation to serve the City of San Luis Obispo pursuant to its franchise. This delay appears to be beyond their control inasmuch as the Golden West Communications application for a microwave service has been set for hearing at the request of Channel 12, Santa Maria. Such a delay could not be anticipated inasmuch as the FCC, as a matter of policy, had issued such microwave applications subject to the acceptance of certain conditions which the applicant had already agreed to. However, for the first time, the FCC has agreed to hold a hearing, even though the conditions were accepted. The petition in opposition to the application for the microwave raises a question as to whether Central California Communications Corporation will thereby evade the Commission's multiple ownership rules by acquiring CATV holdings. Apparently Channel 12 has, through numerous legal moves, been able to harass any threat of competition and whether their petitions are eventually successful or not, have been able to delay their competitor's operations. I understand that Central California Communications Corporation could eventually extend the Morro Bay service, through an expensive cable hook up, to San Luis Obispo in lieu of the less expensive, more desirable microwave service, thereby offering some assurance to the City that regardless of the FCC action on the microwave application the City will eventually be served. The extent of the delays and the cost of the alternative are difficult to evaluate at this point, but eventually will require some decisions by the Council on the following problems: 1. Whether Central California Communications Corporation is proceeding with due diligence pursuant to the franchise. 2. Whether the unanticipated delays are proper grounds for extension of time. 3. At what point Central California Communications Corporation should be required to proceed with the alternative hook up to Morro Bay. 4. The degree of support the Council should provide Golden West in its application for a microwave service and action, if any, to support Central California Communications Corporation in its battle with Channel 12." Arthur Hapgood appeared before the Council and explained the problem to their company in getting CATV in San Luis Obispo. He also reported on negotiations with Channel 12 to lift the protest. City Council Minutes September 14, 1964 Page -7- Mayor Davidson asked Mr. Hapgood to report on the progress to the Council on September 21, 1964 so that the Council can be made aware of any changes. 13. On motion of Councilman Miller, seconded by Councilw•.,Man McNeil, the Union Oil Company license was accepted and the Mayor was authorozed to sign the license on behalf of the City. Motion carried. 14. The following letter was received from City Engineer Romero regarding tree trimming: "For a number of years the Public Works Department has cleared trees, branches, and debris from storm drainage channels and natural creeks throughout the community. This has been conducted without cost to property owners in order to prevent plugging of structures and flooding of properties. There has been a request for the City to expand this creek channel clearing program to include trimming and maintenance of trees and shrubbery within storm drainage easements. This work would be done for aesthetic considerations as opposed to the purely functional purpose of previous work in keeping the storm drainage ways clear. Although some trees would lie within a storm drainage easement, all trees or shrubbery would be located on private property. I feel an undesirable precedent will be set if the City commences tree trimming for aesthetic purposes on private property since this work is dependent on personal tastes or personal opinion as to what is attractive. We have received few complaints in our debris clearing program, however, I visualize extremely difficult problems in dealing with property owners were we to expand this program. It is my recommendation, therefore, that the City continue to limit its work, as it has in past years, to trimming and clearing necessary to keep storm drainage ways in operating condition." Councilman Miller stated he believed that this matter of tree overhang in the parking lots should be just an administrative matter for the Public Works Department and did not believe that this matter should become a major project for the City. City Attorney Houser stated that a drainage easement was involved and therefore the only monies that could be expended by the City should relate to maintenance or clearing of the drainage channel for water flow purposes. That the property owner owning the parcel subject to the easement has the right to fully use the easement in any manner that did not interfere with the drainage. Therefore, any trees or shrubbery planted belongs to the property owner and its maintenance or trimming was the property owner's problem, unless it so interfered. Administrative Officer Miller said the trimming of trees and shrubs along the creek other than for flood control purposes would be a departure from past practice and could not be undertaken without a policy directive from the City Council. Councilman Miller moved that the Public Works Department be instructed to trim branches and trees along drainage ditch next to 500 Foothill Boulevard. Motion died for the lack of a second. The matter was held over so that the City Engineer could present his feelings on this matter. On motion of Councilman Graves, seconded by Councilwoman McNeil, the meeting adjourned. Approved: October 19, 1964 J. H. TZPATRICK, CITY CLERK