HomeMy WebLinkAbout01/04/1965REGULAR MEETING OF CITY COUNCIL
January 4, 1965 - 7:30 P. M.
CITY HALL
Invocation was given by Mayor Clay P. Davidson.
Roll Call
City Staff
Present: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald n, Miller, Clell W. Whelchel
Present: P. Chapman, Director of Planning & Building;
J. H. Fitzpatrick, City Clerk; W. M. Houser,
City Attorney; R. D. Miller, Administrative
Officer; D. F. Romero, City Engineer; L. Schlobohm,
Fire Chief; W. Schofield, Police Chief.
The minutes of the meeting of December 21, 1964 were held over.
On motion of Councilman Miller, seconded by Councilman [,'helchel, claims against
the City for the month of January, 1965 were approved subject to the approval
of the Administrative Officer.
1. On motion of Councilman Miller, seconded by Councilman Whelchel, the
following salary step increases were approved, effective February 1, 1965:
FISHER, Carolee E., Typist Clerk, from $365 per month, Step 3, to $385
per month, Step 4.
SPENCER, William R., Fireman, from $480 per month, Step 2, to $508 per
month, Step 3.
2. On motion of Councilman Miller, seconded by Councilman Whelchel, the
following resolution was introduced. Resolution No. 1363, a resolution
increasing the 1964 -65 Budget (Account No. 900.5, Whale Rock - Power
Costs, be increased by $15,000.00).
Passed and adopted on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald 0. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
3. On motion of Councilman Miller, seconded by Councilman Graves, Grant Deed
and Street Widening Agreement from Allan A. Vandam and Irwin R. Vandam
for Johnson Avenue widening, were approved and authorization was given
the Mayor to sign said Agreement on behalf of the City and to have the
Gras[ Deed recorded. Motion carried.
4. On motion of Councilman Miller, seconded by Councilwoman McNeil, the
following ordinance was introduced for final passage, as amended.
Ordinance No. 299, an ordinance modifying speed limits on California
Boulevard, Orcutt and Madonna Roads, and Elks Lane.
Ordinance finally passed on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
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City Council Minutes
January 4, 1965
Page -2-
9. Communication from the City Engineer regarding his investigation of the
acquisition of the lighting fixtures from the Oceano area for use by
the City and finding that there are not any fixtures that are serviceable
and could be used by the City.
On motion of Councilman Graves, seconded by Councilman Miller, the report
was accepted. Motion carried.
10. At this time a preliminary report was given to the Council by the City
Engineer on cost of extending Highland Drive to Ferrini Road.
City Engineer Romero presented preliminary plans and cost figures for the
proposed assessment district and requested basic Council decisions
regarding City participation in assuming costs for Cal Poly, for the
difference between a 6 inch water line and an 8 inch water line, and
whether the City Public Works Department should conduct the assessment
district engineering. He explained that City costs for assuming Cal Poly's
share would be approximately $12,100 and for assuming the difference
between the six inch and eight inch water line would be approximately
$900.
The City Council agreed that the City would assume those assessments
attributable to Cal Poly.
Mr. Romero suggested that a meeting be set up with Mr. J. McPhee to
discuss an amicable means of acquiring the necessary property for the
street extension.
Mayor Davidson questioned the design of the intersection of Highland Drive
and Ferrini Road - North Chorro section. He likened it to the Pismo -
High- Higuera Street intersection, and reminded the Council of the
problems involved at this intersection.
D. F. Romero, City Engineer, explained development problems involved in
alternate designs of the intersection and expressed his opinion that
the solution proposed was the best under the circumstances and one the
City could tolerate.
City Attorney.Houser stated that in prior negotiations with Cal Poly, their
representatives had indicated that the College had received a legal
opinion to the effect that the property involved was acquired and being
held for educational purposes, which was a higher and better use than
street purposes and, therefore, that the City could not condemn it. It is
advisable to attempt to work with the College for an acceptable agreement
with them on the value of the property involved, either on a cash or
exchange of property basis.
Councilman Whelchel suggested that the first step would be to meet with
College officials and see what their feelings would be to this improvement.
On motion of Councilman Miller, seconded by Councilman Graves, that
Item No. 1 of the City Engineer's recommendation be adopted as City
policy prior to the meeting with Cal Poly representatives. Motion carried.
On motion of Councilman Miller, seconded by Councilwoman McNeil, that
Mayor Davidson and Councilman Graves meet with president McPhee of
Cal Poly, regarding the acquisition of land by the City to extend
Highland Drive. Motion carried.
5. At this time the City Council held a public hearing on the recommendation
of the Planning Commission to rezone from R -1 to R -3, property located
at 152 and 154 Ferrini Road (Milton and Viola Nadelle).
Mayor Davidson declared the public hearing open.
City Council Minutes
January 4, 1965
Page -3-
Mrs. Nadelle appeared before the Council urging adoption of this
rezoning.
Mayor Davidson declared the public hearing closed.
On motion of Councilman Graves, seconded by Councilman Miller, the
following ordinance was introduced. Ordinance No. 300, an ordinance
rezoning the Nadelle property from R -1 to R -3.
Introduced and passed to print on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
11. At this time the City Council considered a memorandum agreement between
the City of San Luis Obispo and Hahn, Wise and Associates for completion
of the work contracted for under the first phase of the 701 Program.
On motion of Councilman Graves, seconded by Councilman Whelchel, the
agreement was approved and the Mayor was authorized to sign said agreement
on behalf of the City. Motion carried.
6A. At this time the City Council held a public hearing on Resolution No. 1350,
a resolution requiring sidewalk improvements on portions of Broad, Branch
and Story Streets.
City Engineer Romero explained the work to be done and what improvements
were to be made.
Mayor Davidson declared the public hearing open.
The following persons are being required to install sidewalks:
M. J. & L. Ballesteros
J. P. & H. D. Wilson
H. W. Veith
F. & R. Arbini
J. J. & D. G. Bottini
R. J. Hoover, etal
S. & R. Duron
M. S. Costa
V. & M. Terra
O. W. & G. B. Birra
There being no affected property owners present, Mayor Davidson declared
the public hearing closed.
On motion of Councilman Graves, seconded by Councilwoman McNeil, the
following resolution was introduced. Resolution No. 1365, a resolution
1 ordering cons ruction, reconstruction and /or repair of sidewalks on
Broad, Branch and Story Streets.
Passed and adopted on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
City Council Minutes
January 4, 1965
Page -4-
6B. At this time the City Council held a public hearing on Resolution No. 13512
a resolution requiring sidewalk improvements on Foothill Boulevard and
Crandall Way.
City Engineer Romero explained the work to be done and what improvements
were to be made.
Mayor Davidson declared the public hearing open.
The following persons are required to install sidewalk:
R. H. & P. H. Dickson
W. G. Williamson
A. J. Taylor
J. E. Hardie
M. E. Smith
R. B. Lyon
R. Gracia
M. D. Johnson
J. P. & F. J. Jones
There being no affected property owners present, Mayor Davidson declared
the public hearing closed.
On motion of Councilman Graves, seconded by Councilman Miller, the
following resolution was introduced. Resolution No. 1366, a resolution
ordering construction, reconstruction and /or repair of sidewalks on
Foothill Boulevard and Crandall Way.
Passed and adopted on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald 0.. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
12. Communication from Hyatt Chalet Motels, Inc., asking consideration by the
City Council of lease of property for construction of motel complex.
Councilman Whelchel stated he did not feel that the City should lease
City property for private purposes.
On motion of Councilman Miller, seconded by Councilman Graves, that the
Mayor appoint a committee to meet with Hyatt Chalet Motels, Inc.
representatives and report back with recommendations to the Council.
Motion carried, Councilman Whelchel voting no.
13. Communication from the City Council of the City of Albany, California,
forwarding a resolution of said City entitled, "A Resolution of the
City Council of the City of Albany commending appropriate legislation
to prevent disruption of educational processes at State supported
universities and provide for disciplinary enforcement policies."
On motion of Councilman Graves, seconded by Councilwoman McNeil, the
following resolution was introduced. Resolution No. 1368, a resolution
commending appropriate legislation to prevent disruption of educational
processes at State supported universities and provide for disciplinary
enforcement policies.
Passed and adopted on the following roll call vote:
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City Council Minutes
January 4, 1965
Page -5-
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Clell W. Whelchel
NOES: Donald Q. Miller
ABSENT: None
14. Communication from Arthur M. Gray, asking that the City Council not spend
any City tax dollars supporting the Pismo Beach application for a World's
Fair.
On motion of Mayor Davidson, seconded by Councilman Miller, the
communication was received and filed.
City Clerk Fitzpatrick to write letter to Mr. Gray thanking him for his
concern in this matter.
15. Communication from S. M. Forden, requesting that the City Council extend
for one year the tentative map of E1 Cerrito Tract No. 277.
On motion of Councilman Miller, seconded:by Councilman Graves, the
request was approved and the tentative map was extended one year.
Motion carried.
16. Communication from Mrs. Viki Thompson requesting a six week leave of
absence from City employment for maternity purposes. The request has
been recommended for approval by the Department Head and the Administrative
Officer.
On motion of Councilman Graves, seconded by Councilwoman McNeil, the
request was approved. Motion carried.
7. At this time the City Council held a public hearing on report of the
Superintendent of Streets on sidewalk construction costs for Chorro
Street, Mill to Lincoln and on Cuesta Drive, Foothill to Cerro Romauldo
(easterly sides only), as follows:
Mayor Davidson declared the public hearing open.
A.
B.
Name
(No option)
Jones, J. P. & F. J.
Slaughter, J. L. & R. W.
Tucker, C.M. (c /o Stanley,
E. A. & F. M.)
Location
544 Chorro Street
167 Cuesta Drive
834 Walnut (Chorro St. side)
Name Location
(Three year option for payment)
Christenson, E. E. & E. M.
Fike, D.M. & G.A.
Orvis, H. J.
Spencer, W.R. Jr. & P.E.
Tognazzini, C. & Nelson A.
Tognazzini, C. & Nelson A.
Armstrong, H. S.
Jones, 0. & K.
Whitaker, H. S. & B. F.
670 Chorro St.
842 Mill (Chorro St. side)
656 Chorro (also Walnut
Street' side)
141 Cuesta Drive
682 Chorro Street
770 Chorro Street
195 Cuesta Drive
111 Cuesta Drive
123 Cuesta Drive
Cost
$216.00
$199.00
$235.00
Cost
$336.00
$288.00
$1,041.00
$199.00
$858.00
$842.00
$299.00
$102.00
$141.00
C. Waiver of Notice and Request that the City install improvements at
656 Chorro Street (also Walnut Street side), by Harry J. Orvis.
City Council Minutes
January 4, 1965
Page -6-
There being no affected property owners present, Mayor Davidson declared
the public hearing closed.
On motion of Councilman Graves, seconded by Councilman Miller, the
following resolution was introduced. Resolution No. 1369 a resolution
confirming costs of sidewalks constructed pursuant to the Municipal
Code.
Passed and adopted on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
Mayor Davidson called a recess at 9:25 P. M. Meeting reconvened at
9 :30 P. M., all Councilmen present.
17. Schedule for the 1965 General Municipal Election, was ordered received
and filed.
18. Communication from the State Division of Highways forwarding a copy of the
California County Road and City Street Progress and Needs Report, was
received and filed.
19. On motion of Councilman Graves, seconded by Councilman Miller, the following
contract payments were approved:
Watkins, Ted, Broad & Murray Culvert: Est. #5 (100%
Complete) $2,136.45
Watkins, Ted, Mission Plaza Parking Lot: Est. #1 $1,660.50
Motion carried.
Councilman Miller questioned the reason for not extending fence along
northwest portion of project.
City Engineer, D. F. Romero, explained that this project followed past
City policy regarding fencing along drainage structures in that the
vertical drop -off adjacent to the back of sidewalk was fenced, whereas the
slope behind the sidewalk was not.
20. The following letter was received from Edwin L. Kopper, First Assembly
of God Church:
"I, Edwin L. Kopper, in behalf of First Assembly of God, request the
abandonment of non- access strip on Tract No. 225, Lot 1, Block B,
located 533 Highland.
Fees have been paid to the City of San Luis Obispo in amounts of seven
hundred ($707.07) seven dollars and seven cents for frontage of 60
feet."
City Engineer Romero explained the problem and recommended that the Council
take action to allow him access.
City Attorney Houser explained that the City had retained a non - access
strip in order to require the adjoining property owner to pay their
proportionate front footage cost of the improvements put in by the
subdivider. Therefore, if the property owner has paid the required
amount, the property owner should be granted access across this reserved
strip..
On motion of _Councilman Graves, seconded by Councilman Whelchel that
access rights be granted. Motion carried.
City Council Minutes
January 4, 1965
Page -7-
21. The following telegram was received from J. B. Taylor, 3101 Rockview Place:
"Before any more damage occurs we again urgently request conference on
Rockview Place problems. Suggest bringing a Councilman, Clerk Fitzpatrick,
and Dick Miller. Will be home Friday, Saturday and Sunday, but not at
telephone. Subject problems cannot be understood unless observed and
discussed at site."
Councilman Miller moved that the City Engineer write and explain to
Mr. Taylor the Council action in regard to sidewalks on Rockview Place
and advise Mr. Taylor that if he has any further questions he can contact
the City departments during business hours..
Motion seconded by Councilman Graves, and carried.
22. City Attorney Houser reported on a recent decision of the Los Angeles
County Superior Court in the matter of the Southern Pacific Company vs.
City of Los Angeles.
The City of Los Angeles had enacted an ordinance requiring, as a condition
precedent to the issuance of a building permit on R -3 or less restrictive
zoned property, that the property owner dedicate and fully improve any
street widening adopted as part of the City's Master Street Plan on major
or secondary streets. That this ordinance was recently tested in Superior
Court and upheld. That it probably would be appealed, but certainly
suggested an answer to our City's mounting cost of widening major and
secondary streets insofar as undeveloped properties were concerned.
On motion of Councilman Graves, seconded by Councilman Miller, that a
report be prepared on this case and presented to the City Council for
their information. Motion carried.
23. At this time the City Council considered the appointment of members to
the Police Advisory Board to replace those members whose terms were
completed as of December 31, 1964.
Those persons whose terms expired were: H. J. Morris, Rosemarie Maino,
and Rev. Wallace Klandrud.
On motion of Mayor Davidson, seconded by Councilman Graves, that the
above mentioned persons be notified that they have been reappointed to
the Board, as follows: Harry J. Morris, one year as Chairman,
Mrs. Rosemarie Maino and Rev. Wallace Klandrud for three year term.
Motion carried.
8. At this time the City Council held a public hearing on the recommendation
of the Planning Commission approving a preliminary plan for a Planned
Development for student housing at 71 N. Broad Street by the Dover
Development Corporation. Also consideration of the Precise Plan for the
first phase of the development.
Mayor Davidson declared the public hearing open.
The City Planning Commission reported that this proposal is for student
housing on the Jacobsen property extending fron N. Broad Street to
Ramona Terrace Tract. It is intended to accommodate 1,088 female students
in three self contained dormitory type buildings and the residual property
will be developed with nine single family homes. The natural features of
the property will be respected and the creek retained substantially as
existing. Street improvements will be provided as shown on the plan.
The overall density is one living unit per 2,200 square feet of site area.
The Commission felt that this is an outstanding design taking full
advantage of the natural features of the site and will be a good
transition between the commercial development to the north (Polin) and
the single family housing proposed to the south. Ample setbacks are
provided and the site will be well landscaped. In view of the projected
increase of enrollment at Poly and resultant increase in demand for housing,
they did not agree that this site is too far from the College.
City Council Minutes
January 4, 1965
Page -8-
Planning Commission Resolution No. 139 -64 recommends approval of the
preliminary plan for student housing at 71 N. Broad Street for the
Dover Development Corporation, subject to the following conditions:
1. Phase One to be started within two years.
2. Phase Two to include the single family houses on the north side
of Ramona Drive and be started within three years.
3. Phase Three to include the balance of the development and be
started within five years.
Resolution No. 140 -64 of the Planning Commission recommends approval of
the precise plan for the First Phase of the above development subject
to the following conditions:
1. Construction to be started within two years.
2. One foot wide no- access strip between Ramona and the adjoining
property on the north side to be dedicated to the City as part
of the right -of -way.
3. Provision to be made for a road stub on the north side of Ramona
for a future extension to Foothill Boulevard.
4. Sewer and water facilities, streets, fire hydrants, landscaping,
and design of parking lots to be to City standards to the
satisfaction of City Fire Chief, City Engineer, and Planning
Director.
Peter Chapman, Planning Director, reviewed for the City Council the
planned development of the Dover Development Corporation for student
housing at 71 N. Broad Street and the consideration given this planned
development by the Planning Commission.
Mr. Baker of Dover Development Corporation, appeared before the Council
and reviewed this proposal for student housing and for the staged
development of this large parcel of land.
Martin Polin appeared before the Council urging that the Council approve
this planned development as presented by the Dover Development
Corporation.
Gary Cully appeared before the Council urging that they approve the
Dover Development Corporation planned development.
Dr. Mullin appeared before the Council urging approval by the Council of
this student housing proi-ect.
Bud Hoffman felt that the extension of Ramona Drive through this
property to Broad Street was a good addition to the City and would
relieve traffic congestion on Foothill Boulevard.
Councilman Graves stated that he believed that the development was well
done and would be an asset to the City.
Mayor Davidson declared the public hearing closed.
On motion of Councilman Graves, seconded by Councilwoman McNeil, the
following resolution was introduced. Resolution No. 1367, a resolution
approving the preliminary planned development and precise plan for the
first phase of the Dover Development Corporation development.
Passed and adopted on the following roll call vote:
AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald Q. Miller, Clell W. Whelchel
NOES: None
ABSENT: None
City Council Minutes
January 4, 1965
Page -9-
24. At this time the City Council considered the passage of Resolution No. 1364,
a resolution modifying taxi meter rates outside the City limits.
Jack Hathway, Yellow Cab Company, asked what was trying to be accomplished
by this amendment.
Councilman Whelchel explained that due to the proximity of several
State institutions such as Cal Poly, the Men's Colony and County
airport, that letting these agencies be considered for in -town cab rates
would give their patrons and visitors a break on the rates.
Mr. Hathway explained the per mile costs of operating his cabs and
asked that the Council stick to meter rates and not impose another
zone system on the taxi rates which will easily lend itself to continued
rate cutting which they are trying to eliminate.
On motion of Councilman Whelchel, seconded by Councilman Graves,
Resolution No. 1364 was passed and adopted on the following roll call
vote:
AYES: Clay P. Davidson, R. L. Graves, Jr.,
Miss Margaret McNeil, Clell W. Whelchel
NOES: Donald I. Miller
ABSENT: None
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25. At this time the City Council adjourned to an executive session to discuss
acquisition of property, subject to possible litigation.
On motion of Mayor Davidson, seconded by Councilman Miller, the meeting
adjourned at 10:35 P. M. Motion carried.
Approved: January 18, 1965
H. FITZPATRICK, CITY CLERK
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