HomeMy WebLinkAbout04/05/19651
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REGULAR MEETING OF CITY COUNCIL
April 5, 1965 - 7:30 P. M.
CITY HALL
Invocation was given by Mayor.Davidson.
Roll Call
City Staff
Present:
Present:
Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil,
Donald 0. Miller, Clell W. Whelchel
P. Chapman, Director of Planning & Building; J. H. Fitzpatrick.....
City Clerk; W. Flory, Superintendent of Parks b Recreation;
W. M. Houser, City Attorney; R. D. Miller, Administrative
Officer; D. F. Romero, City Engineer; L. Schlobohm, Fire
Chief; W. Schofield, Police Chief.
On motion of Councilman Graves, seconded by Councilwoman McNeil, the minutes of
March 15 and 22, 1965 were approved as.presented, and the minutes of March 3, 1965,
were approved as corrected. They-were corrected as follows:
Page 5, statement by Mayor Davidson: "Mayor Davidson stated that as soon as the
Council takes the necessary steps to develop parking on this City owned property
on Monterey, he was sure, that the downtown association in cooperating with the
property owners would proceed with the orderly development of the project."
Statement should read: "Mayor Davidson stated that as soon as the Council takes the
necessary steps to develop parking on this City owned property on Monterey, he was
sure that the downtown association would.cooperate with the property owners who
could promote the orderly development of the project."
Page 7, Item 44, second statement by Mayor Davidson: Should read: t'Mayor Davidson
suggested that a Council resolution be .sent to the State urging construction
(instead of contribution) of this plant in the central coast area."
1. On motion of Councilman Miller, seconded by Councilman Whelchel, the following
salary step increases were approved, effective May 1, 1965:
BARRIOS, Anselmo A., Laborer- Equipment Operator, from Step 2 at $405 to
Step 3 at $430 per month.
DAVIS, Howard E., Police Officer, from Step 2 at $480 to Step 3 at $508 per
month.
JAYNE, Ward A., Police Officer, from Step 2 at $480 to Step 3 at $508 per
month.
MUNSON, Cheryl J., Typist - Clerk, from Step 1 at $325 to Step 2 at $345 per
month. .
ROCHA, Frank, Police Officer, from Step 2 at $480 to Step 3 at $508 per month.
2. On motion of Councilman Graves, seconded by Councilman Miller, the following
pay estimates were approved:
HOWIE be SHELTON
Foothill Boulevard Widening Est. #3 (100% complete) $2,395.95
Est. ft (Final) 652.47
BURRS CONSTRUCTION COMPANY
Downtown Tree Planting Holes Est. *2 (80% complete) $2,939.25
(NOTE: Contractor will not complete work in time specified in specifications
for the reason that the City cannot furnish trees until after the date
specified.)
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City Council Minutes
April 5, 1965
Page 2
RAINEY CONSTRUCTION COMPANY
Foothill Widening
(La Entrada to Tassajara)
Z. D
Est. #1
(100% complete)
Est. #2 (Final)
$52465.69
607.30
J. A. O'KELLY Est. #1 $3,681.80
Johnson Avenue Widening (50%"Co'mplet6)
(County Health Center)
3. On motion of Councilman Whelchel, seconded by Councilman Graves, the follow -
ing,okdinance.-was introduced fof.-:final passage: .:'Oidiina-n'c-e" No. '-306';=---a-'u' ordinance
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adding Chapter 4 of Arti6le'VIII of ilieiiSan-LuisAObi:sp6:Miiiiicipal Code, provid-
ing for underground utilities.
Mayor Davidson declared the public hearing open.
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Theie-being no,'o'n'e'-"appedri4--iii.!.fdgdtd,t6:t-�Iiis;.'otcl'lnanc6;,gavor Davidson
declired: the -'public heir'ing closed.
Ordinance No. 306 finally -pass'e'd -6i the :.following roll --dall vote:
*AYESL %— - : Clgy - -'R.!
P.;- Ddvidgori Gr, iveid -J r. 2M a --.MdNeil
;Donald Qs Miller '.C161-1 W. !Whe1ch61-'--1-,
NOES: None
C
4. On -motion -of Codncilman'G-rave's'..- secondefd:-by.:Cbunciltid-nI Whelchel', - tKe --follow -1
ing' -ordinanci! was introduced, f or-:f inal, :passage Orditiarice !N6. :308 :;r-dh� drditiande
p rovi ding --for: amendtehts -add'it'ions
and;fdpedl.-6f::pdttidris:.6f- Article III,-
Article -.V.r and"Articl6r.IX.bf'.the�:Sat,LUiB'Obisi)o Municipal' C6&e:' -
Mayor Davidson declared the public hearing open.
George .;Sleeter. _asked -the City Co'u'ncil-,to"reecnsidei-cthdit- action of Mardh-'-'22,-
1965 on when request td-'redudd'f.rom:20;000---g'q'uat4�:i-ee-t-) to-�-12i.000 --square :--
the minimum lot size for hotels or motels in the RC zone in order to be a re-
----lief -to -the
:-Mn.',-'S1eeter 4lso:7q4e'stioridd,,thd requirement' ofAOO-squar . e - feet'. 6f , open f7spd6e
per unit in the RH,bi RD distridt,ziiid what, zwas.,
Planning.:Dixect6r fCh4pman explained'theadefinitionf-of-:opeii, space;
Mr. Moerman asked if the requirement that free-standing signs have a use permit
was; ddleted f rom-.the, -ordinance
City Administrative Officer Miller anwered that the present ordinance changes
covered residential :areas
Mr. Chapman stated that the proposed changes did not affect free_ standing signs
in. thei C ' or: -M Di - stricts Find' that the�'iise;'permit-�.-feqiiir.eziiant 7will: bd' c6n6id - &red
when those Districts are reviewed.
:Mayor':-DaVid'§bn:d6clared. Lth&jphiblic -hearing..c1osed-.,.'.`.
:Ordinance N6. 308.1-imaIl ."Dass6d
AYES: Clay P. Davidson,
Donald Q. Miller,
NOES: None.----'= '/
on' -the- f ollowin&jt2 l-,:cdll ivote::
R. L. Graves, Jr., Miss Margaret McNeil,
Clell W. Whelchel
ABSENT None
Z
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City Council Minutes
April 5, 1965
Page -3-
5. At this time the City Council considered a preliminary report from George
' 6 Pearson on South Higuera Assessment District.
19.
The following communication was received from Dominica B. Touchstone:
"As the owner of the following parcel, I respectfully request that it be
included in the South Higuera Street Assessment District.
The southerly I of Lot 27 and Lot 28 of the San Luis Obispo Suburban Tract.
I am in the process of requesting annexation of this parcel into the City
of San Luis Obispo."
Harold Blake stated that while the Touchstone property was outside the City,
the Council could request the County Board of Supervisors for extra territorial
authority to connect to the district.
Mr. Blake explained that the district as proposed for Council consideration this
evening does not include any property outside the City and was predicated on
the City advancing the funds for properties outside the City to be reimbursed
when annexed.
George Pearson explained the limits of the proposed sewer and water assessment
district and further, he explained the methods and purposes of levying the
assessments on each property. He explained that no assessment could be made
on cemeteries.
Total Water Assessments - $186,999.61
Total Sewer Assessments - $44,309.47
Total cost of construction for sewer and water- $231,301.08
Administrative Officer Miller reminded the City Council to keep in mind the
financial implications in the formation of this district and that someone
should explain this for the Council.
City Engineer Romero then reminded the Council of the previous determinations
made by them regarding this district.
1. The City will hear all costs involved in extending a 12" water main
from South and Higuera to the northerly limit of the assessment district.
2. The City will advance funds to cover the assessment of those properties
now lying outside the City.
3. Properties within the district will be provided and will pay for full
improvements.
4. The City will pay for excess capacity in the sewer lines.
Administrative Officer Miller explained the financial implications on future
budgets based on this proposed district. He stated that contributions
toward water improvements was estimated at $94,578.43. This would undoubtedly
have to come from the capital outlay fund on a loan basis. The sewer fund
would receive a refund of about $25,500, but would have a contribution to make
.of $15,000 and water system tie in for sewer plant would cost an estimated
$6,000.
Mayor Davidson suggested that possibly areas adjacent to the City that might
be considering annexation to the City of San Luis Obispo be notified of the
formation of the district which would make available long term financing for
sewer and water development.
On motion of Mayor Davidson, seconded by Councilman Graves, that the staff
contact all property owners adjacent to the improvements, but lying outside
the City, to see whether they are interested in being included within the
district at this time. Motion carried.
City Council-Minutes
April 5, 1965
Page 4
City Engineer Romero and Administrative Officer Miller discussed the best ap-
proach to contact adjacent property owners to make them aware of the special
assessment district without jeopardizing the formation of the district.
Harold Blake., explained. that .the .City should
then =pass a- resolution isking•the.:Board of
jurisdiction forrthe area outside the City.
to follow to „put.the district in_.operation,
public lieaiirig -etc:- "”' -�
.contact. -and -and
Supervisors- -for extra - tern - itorial
He then outlined the procedure
call. for,.b,ids,,- award. _bids.; ;hold
Mr. Blake carefully ..explained- the..possibility of,.the:City.receiving_a:maj.or-
ity protest that must be overruled by a 4/5 vote of the Council.
On motion of Councilman Miller, seconded by CouncilmanlWhelchel, that the
preliminary report of Mr.., Pearson .and .Mr,. Blake .o.n the Joitation, -:of. South
Higuera Sewer and Water'District be accepted, and that Apri1,19,11.965,at
7:30 P. M. be set for final Council consideration of including property
adjacent,to the City in the .district...,;
" Mayor Davidson objected to the'short peiiod..of.time involved,ao,contact,:the
property owners outside the City to make them aware of the long -term avail-
able financing. _
Councilman Miller. .stated he felt'. that these, people::were.aware.of -the- formation
of this district` and -the City - should proceed on the 19th of April „•.
City Engineer Romero mentioned _the .absentee owners might be.,.diff -icult to
contact who own property in this.area.
Mayor Davidson' asked for -a delay of thirty (30)' days for Council :consideration.
On motion of Councilman Miller, seconded.by Councilman.Whelchel,.the prededing
motion was amended to May 3, 1965, at 7c30,,P.: M.=- Mot ion _carried.....
6. At this time the City - Couricil' held' a` public hearirig' on Resolution No. 1394,
a resolution requiring_sidewalk,improvements . on -a portion.- of;Sandercock Street.
B. ` Communication from A. R. '(uintanar, -. 143. Ward Street., -regarding..instal.]a-
tion of sidewalk on Sandercock Street.
Mayor Davidson "declared” the ' public Bearing: open.
City Clerk Fitzpatrick read the-resolution announced the ;property . owners
street add =
City Council Minutes
April 5, 1965
Page -5-
Sandercock Street, City of San Luis Obispo, are in full accord with Resolution
' No. 1394 (1965 Series) regarding installation of curbs and sidewalks, with one
exception, the type sidewalk we will.be required to install.
Detached sidewalks are definitely not practical, thus we are requesting the
Council's authorization for us to install integral sidewalk on the south
side of Sandercock Street from Cypress Street to the middle of the block on
Sandercock Street, to a former city paper street, now an alley or driveway
owned by J. M. 6 G. R. Costa, at such point a transition would be made to
a detached sidewalk which is already installed."
Said petition is signed by Ansel C.-Patten, 203 Cypress Street, Lawrence
Elsea and Alice L. Elsea, 267 Sandercock Street, Thomas A. DeVaul and
Margaret R. DeVaul, 251 Sandercock Street.
City Engineer Romero stated that there was no problem in making transition
from integral sidewalk to detached, however Council policy would call for
continuation of the detached sidewalk already existing in the block.
On motion of Mayor Davidson, seconded by Councilman Miller, the request was
granted for integral sidewalk at 251, 261, 267 Sandercock Street and 203
Cypress Street. Motion carried.
Mr. Hopkins asked if drainage structure at 698 Sandercock Street was to be
approved at the same time that the street was to be improved.
1 D. F. Romero, City Engineer, explained that this drainage structure would
be improved at City expense.
Mayor Davidson declared the public hearing closed.
Councilman Whelchel stated that he felt the prior hearings had shown a majority
of the property owners did not desire sidewalk, but that he felt that curbs
and gutters should be installed. Further, he felt that the Council policy
should be changed to allow curb and gutter installations to be paid on the
three (3) year deferred pay plan.
Mayor Davidson stated he felt that no one at this meeting had objected to
sidewalk,
Mr. Patton, 203 Cypress Street, was not interested in sidewalk, but was not
objecting.
Councilman Whelchel stated he could go along with the policy to put in side-
walk adjacent to schools.
On motion of Councilman Miller, seconded by Councilman Graves, the following
resolution was introduced. Resolution No. 1402, a resolution declaring
public convenience requires sidewalk.improvements on Sandercock Street.
Passed and adopted on the following roll call vote:
AYES: Miss Margaret McNeil, R. L. Graves, Jr.,
Donald I. Miller, Clay P. Davidson
NOES: Clell W. Whelchel
ABSENT: None
At this time Mayor Davidson called a five (5) minute intermission at 9:00 P.M.
City Council Minutes
April 5, 1965
Page -6-
City Council reconvened at 9:10 P. M., all Councilmen present.
7. At this time the City Council held a public hearing on the planned develop-
ment of John Badgley of multiple housing, 520 Hathway Avenue, R -1 zone. ,
Mayor Davidson declared the public hearing open.
The following communication was received from the Planning Commission:
"Resolution No. 43 -65 of the Planning Commission recommends denial of this
application. (This was a 4 -3 vote in favor, but constitutes a denial as
five favorable votes are required for a rezoning.)
The application is a revision of one which was previously disapproved by the
Commission. The new plan is for a smaller area and at a lower density, being
roughly equivalent to R -2.
There was considerable local opposition to the first plan on the basis of
traffic congestion, lowering of property values, the change in character of
the:t area, and inadequate utilities. The current application was also
objected to, but less violently. A petition in favor of the proposal was
submitted to the Planning Commission, signed by 14 residents on Hathway
Avenue and 2 on Murray.
The applicant, Mr. Badgley, has asked that this matter be heard by the
City Council."
The following communication was received from Margarite L. Dubin:
"Because of illness, I am unable to attend the hearing of the Miss Anita '
Hathway property. I am in favor of any type of development of the property.
I have lived at 502 Hathway for twenty years and have worried about that
property of weeds as a fire hazard. A planned development is much more
advantageous to all other properties than that weed patch."
The following communication was received from Mrs. Lonnie Moore:
"My husband, Lonnie Moore, is in the hospital and I am unable to come to the
meeting tonight, but we want you to know that we favor the apartment buildings
at 520 Hathway.
We have lived by the empty field for several years and feel the apartments
would be a big improvement over the weeds and ugly stumps."
Planning Director Chapman presented plans of the proposed development and
explained considerations given this proposal by the Planning Commission.
He stated that the objections based on inadequate utilities were invalid, as
there was a 10" water main in front of the property and the applicant had
agreed to connect to the nearest adequate sewer main at his own expense. The
City Engineer and Police Department felt that the local streets could handle
the traffic from this development satisfactorily. The "no" votes from the
Planning Commission were based on objections to apartment development among
single - family homes. '
John Badgley, Architect for the developer, stated that they have attempted
in every way to comply with every recommendation of the Planning Commission
and the City staff to make the development an asset to the City.
Mr. Young, 545 Ellen Way, presented the following petition against the
requested planned development to R -2 use:
City Council Minutes
April 5, 1965
Page -7-
"We, the undersigned are presenting this petition in protest against the
rezoning of the property on the east side of Hathway Avenue from a R1 zone
' to a R2 zone."
The petition also stated that they protested this rezoning because the area
is now single family residences and they wished it to remain that way. The
petition was signed by forty five (45) persons .
Mr. Young again appeared before the Council urging that the Council not agree
to rezone this property to a higher density use, based primarily on the
increased traffic generating in the area to a point where dangerous traffic
problems will arise.
Charles Blodgett, Hathway Avenue, objected to R -2 zone, due to increased use
of property with a result that traffic would increase and change from single
family area to a transient high density area.
Mr. Brian, 551 Hathway, opposed the rezoning.
Mrs. Hawkins, Ellen Way, objected to the rezoning due to traffic, change of
nature of the neighborhood and declining property values.
Mr..Frvberger, Ellen Way, objected on the principle that he bought his house
in the zoned R -1 and he felt that the City government would be unfair to the
existing property owner's rights to change the zoning and uses in the area.
Mr. Diffenderfer objected to the rezoning due to the nature of the proposed
' development.
Mrs. Noland, Hathway Avenue, objected to the rezoning and stated that she
believed it should stay R -1 due to the nature of the neighborhood and this
property development would devaluate adjacent properties.
Mrs. Blodgett, 529 Hathway Avenue, objected to the rezoning, and urged that
the City require this property to be developed in R -1 density and developed
as a single family neighborhood.
Joe Middleton, Ellen Way, objected to the rezoning to R -2 and urged that the
area be kept in a single family zoning.
Miss Hathway presented a letter to the Council urging them to approve the
requested use of her property for apartment development, which she feels would
be a good development for the neighborhood.
Miss Hathway continued that she felt that the property owners should be able
to put on their property whatever the City law would allow.
Mary Hill, 542 Hathway, approved the plan for this apartment development and
felt it would be an asset to the City and to the neighborhood.
Pearl Line, 534 Hathway, stated that she felt that 24 years ago when she
1 bought her property, that these large parcels of land on Hathway should be
developed to high density uses and felt that this development would be an
asset to the area and approves this development.
Mr. Bishop, 560 Hathway, stated he just applied for development of seven (7)
units adjacent to the Badgley development and favors this proposed apartment
complex.
Fran Bishop, 560 Hathway, favored the development as she feels this is a good
proposal.
Josephine Pereira spoke in support of Miss Hathway's proposal as she felt that
Miss Hathway has never developed an eye -sore or made a poor development in
the City.
City Council Minutes
April 5, 1965
Page -8-
Mr. Badgley stated that this development is not a low cost housing unit, but
a medium -rent -apartment-, house ..to. -serve... a need-of-the-.community, =that:' is de'-*'
mantling -.one, ,:.two and,: three bedroom = apartm ents.l.-,
Miss Hathway ' stated that if this development was not approved, she would
like to sell-_the property; to,:,anyone who. is.,intere";tdd;..-
Harold Middleton, Ellen Way, congratulated Miss -Hathway for thezfineTzjob=ishe
has done in developing Ellen Way, and therefore cannot understand now why she
wants to ruin ,this neiphborhood.,with,.,g:high.,density apartmentfdevelopmeft."
Mayor. bav1dsdn',_' declared _,1the •pub lic -:hearing. closed 2
Mayor Davidson brought to the Council's attention the fact that the City
Council just :.this. evening -passed -a:, qew, zoning -.ordinance, :tar ticularly -.%the
palnne - d devel pm'At,provision, of Code ,:.qi�d -.fuTther.i-._that.heife.els that
Ekisp,ropos'al is. a proper one in-the spirit of:athe- .-planned. development
ordinance As there are controls established due'to the -requirement of f th . e
palnned development ordinance and -that _.t#is 1s: a ..good ..development" and_*hdbes::
that the Council will approve thoi request.
Councilman Graves stated he fe.1t.that,this was .a. gqod.;us.e- of the .-land! an& -that
the planned development classifications protected the adjacent property owners
and the neighborhood._, _He felt,,that,under- the _planned development—this'-devel-
opment would - enhance. -the neighhorhood., Further., he.-.felt :that -no . - one:,would
like .£o develop_ single family houses along, -the:.-rai-lrdad.:
On motion of .Councilman. Graves, seconded, by; Counci-lman,-Miller,-,
_t;b. f Ll'LoyiAg
resolutioh was introduced. Resolution No. 1403, a resolution approving
preliminary development plan at 520 Hathway. (with two (2) year time limit
and move,pool to rear. of building),.,
...... . .....
Passed and adopted on the. following
_roll ca 1J.,vote-
:4YES:.. Clay. Davidson, Miller-
P...Davidson
Y. 1�._.�._q:Favesq Jr.., jr_,--E!ouald:.Q.
NOES: Miss Ma rgaret McNeil, Clell
ABSENT; None
Councilman Miller stated he was infavor-of the rezoning based on his study of
the area and discussion with.. prqpeT, �y) owners: who -:were both f or - and: against-...,-
this project... He,. felt..b6cause.of the'..planned, development-. classification.:that
the adjacent property owners would, be..protecte,d.,
Councilman.Whelchel- stated he _objected.' to-this-rezoning-as-he felt--that-the'.,
R7-1"iLdtur'6-of'theneighborh6od should - be- pFotected.. and. -that- 7 this.,.hi&7.: density
.., I ''U, . .,.-j - _1 _. denial i -_ ' -
development is wroiig,'_and further the reason for -is poor access to the
area..,:..
Councilwoman McNeil was devinitely not id favor of the rezoning.
8. Traffic Committee,report of March_25,_1965,.._V _
65 -4 -1T' The-Tr-ai-fic-' Co. 'mmittee-has...rLOticed-a-problem,at.-the corner.of_Olivei-.
and Osos for west bound trucks-"on -'Olive Street negotiating the sharp turn. We
feel that if _approximately. feet of red zone4mere_pjaq��4.,in either,direction
Y. J,
at the southeast corner. of the; iriiersecti(5n.this wou.l.d,.:,allow-us...to.--iove the
ce'nter'line buttods clbser to the"_turn iand allow'easier turning morvements.-,for
the opposite side of the street. We so recommend.
65 =4 -2T It Ap be feasible to eliminate appro2iiffif6Yy.:20.'
, That it would
feet of red zone just east of the driveway ramp in front of the Shanghai Low
Restaurant thereby_,gainingta parking meter space... We so,reco mmend
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City Council Minutes
April 5, 1965
Page -9-
65 -4 -3T The Traffic Committee has received a suggestion that the two hour
zone on the east side of Nipomo north of Higuera be extended to the opposite
' side of the street, the vest side, between Higuera and Dana Streets. It was
pointed out to us that the two hour limit would eliminate some of the all
day parking and would make this space available for customers. We recommend
that this change be made.
On motion of Councilman Miller, seconded by Councilman Graves, the following
resolution was introduced. Resolution No. 1404, a resolution establishing
parking restrictions on Osos & Olive, Palm and Nipomo.
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
65 -4 -4T It appears that it would be helpful to add two additional street
lights on California Boulevard between Hathway and Foothill and an additional
light on Deseret Place at the entrance to the hospital and the church's
parking lot. We so recommend.
There was no objection by the City Council and recommendation was approved.
' 65 -4 -5C In regard. to the suggestion that the two hour parking time limit on
Higuera between Snta Rosa and Osos be enforced during the evening hours to
help the businesses in that block, the Traffic Committee feels that the
theaters represent a legitimate business and recreational interest and that
the City should not enforce time limits which would discriminate against
these businesses in the interest of helping some other types of business.
We therefore recommend against enforcing such a time limit during the evening
hours.
Councilman Whelchel objected to the lack of enforcement.
Recommendation was accepted.
65 -4 -6T The Traffic Committee has been looking at the possibility of making
Nipomo a thoroughfare, and the Planning Commission has also been studying this
matter. It is our suggestion that the City Engineer be asked to prepare a
comprehensive study of the feasibility of establishing Nipomo as a loop street.
His study should include the problem of eliminating the dip at Buchon, the
feasibility of signals at Higuera and Marsh and other factors. Incidentally,
it should be pointed out that signals at Higuera and Marsh would each allow
the elimination of a school crossing guard. Another factor to take into
consideration is that the State of California would pay for half the cost of
each'of these signals.
' The Council suggested that Dr. Faustman include this study in his downtown
traffic study.
65 -4 -7T Dr. Faustman happened to drop by our last breakfast meeting and said
that he would like to schedule a meeting with the Council sometime in the near
future to discuss the parking study which he has now completed, his pending
traffic flow study and his Orcutt Road overpass study. The Committee thought
that it would be advisable to schedule this meeting shortly after the new
Council took office.
Recommendation accepted by Council.
9. The following communication was received from Wickson R. Wooloert regarding
road problems on Highland Drive:
City Council Minutes
April 5, 1965
Page -10-
"On behalf of Mr. and Mrs. Alfred Ferrini and Dr. and Mrs. Karl Kundert we
thank you for the attention you have so far given to the road problem on upper
Highland Drive.
We realize that you quite properly have engaged expert advice in order to
determine what should be done. Our understanding is that the report of your
,
consultant may be coming to you just prior to your April 5th meeting. Under
the claims provisions of the State law we have 100 days to file a claim. This
would require a claim to be filed just a few days after your meeting of the
5th. We prefer not to start placing our clients' position in terms required
in making a claim believing that an amicable and fair solution will be found.
Therefore, we ask that you place this matter on your agenda for April 5th.
We also ask that you do everything possible to encourage the early filing of
your consultant's report so that your staff may review it prior to the meeting.
At that meeting we will ask you to make a decision whether or not the City
will undertake to repair the road. We will be prepared to offer the cooper-
ation of our clients in the use of their adjacent property in doing so, with
the xpection that the work will result in returning the adjacent slopes to
approximately the same condition as before."
The following communication was presented by City Attorney Houser:
"OUTLINE OF PROVISIONS FOR COMPROMISE AND SETTLEMENT (Highland Drive)
A. PROBLEM: Repair of a slide portion of Highland Drive owned by the City,
excavation, replacement, compaction and sloping of the lot above Highland
Drive owned by Dr. Kundert, and the lot below Highland Drive owned by Al
Ferrini.
B. SOLUTION: Suggested by Wickson Woolpert, Attorney for the upper and
'
lower lot owners.
1. City excavate, replace material, compact and slope the street, upper lot
and lower lot. Work to be done with City forces at City cost.
2. Ferrini will supply red rock from his pit without cost to the City and
both property owners make their lots available for the work to be done.
3. The amount of excavation and method of refill and compaction to be agreed
upon by the City Engineer on behalf of the City, and by Robert Williams on
behalf of the property owners. The construction work to replace both lots
and the street to substantially the same condition they were prior to the slide.
4. All parties to waive any rights or claims against each other arising out
of the slide and upon completion of the construction work to the satisfaction
of the City Engineer and Robert Williams, all parties waive rights against
each other from the construction work done.
5. Compromise and settlement setting forth the above principles to be exe-
cuted by all parties on or before April 30, 1965, and City agrees to post-
ponement of any need for the parties to file any claim against the City until
the agreement has been executed or rejected."
Summary of preliminary conclusions by Doug Moran, representing the consulting I
engineers, R. T. Franklan & Associates:
"1. It is our opinion the grading of the slope below Highland Drive in the
area of the slide was the principle cause of the eventual failure. This
grading exposed a pre - existing slide plane at points around the base of the
cut.
2. The slide occurred along the pre - existing &lide plane. This old slide
plane can also be found elsewhere adjacent to Highland Drive and consists of
a thin layer of volcanic clay probably containing bentonite.
City Council Minutes
April 5, 1965
Page -13-
On motion of Councilman Graves, seconded by Councilman Miller, the City
Attorney was instructed to draw up an ordinance preventing transfer, sale
' or lease, etc., of existing card rooms. Motion carried.
11. Further discussion on the status of proposal to landscape Pepper Street
adjacent to Southern Pacific Company right -of -way, was received and filed.
12. At this time the City Council discussed further an abandonment on Osos
Street north of Olive Street.
On motion of Councilman Miller, seconded.by Councilman Whelchel, the following
resolution was introduced. Resolution No. 1406, a resolution of intention
to abandon a portion of Osos Street.
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
13.
Administrative statement of
position by the San Luis Obispo
School District
relative to the selection of
school site, was tabled until after the Election
on April 13, 1965, on motion
of Councilman Graves, seconded
by Councilman
1 Z.
Miller. Motion carried.
Mr. Bud Hoffman, P. G. & E.,
presented the annual franchise
payment to the
City from P. G. & E. Company
for the fiscal year 1964 in the
amount of
$7,807.99.
14. Communication from Peter Curry dba Pete's Vending Service, requesting that
the City Council reconsider the methods of calculating business licenses for
vending and game machine operators in a more equitable manner.
On motion of Mayor Davidson, seconded by Councilman Graves, Councilmen
Miller and Whelchel were appointed to a Council Committee to study and make
recommendations to the City Council regarding the above matter. Motion
carried.
15. On motion of Councilman Graves, seconded by Councilman Miller, a public
hearing was set for April 19, 1965 for communication from the Planning
Commission regarding setback lines for Osos Street from Higuera to Monterey
Street. Motion carried.
16. On motion of Councilman Graves, seconded by Councilman Miller, a public
hearing was set for May 17, 1965 for communication from the Planning
Commission regarding setback lines for California Boulevard and San Luis
Drive from Hathway Avenue to Johnson Avenue. Notion carried.
17. Report by D. Jackson Faustman on the estimate of parking needs for San Luis
Obispo, was referred to the Traffic Committee.
18. Communication from the Picture-Shop requesting limited parking on Johnson
Avenue west of Monterey Street, was referred to.the Traffic Committee.
20. Communication from Edwin W. Wade, Mayor of the City of Long Beach, forwarding
a resolution of their City Council urging the State Legislative Representatives
to sponsor and support a constitutional amendment which will permit cities
in California to levy 2% gross receipts tax on telephone companies doing
business therein, and urging the City Council of the City of San Luis Obispo
to support said proposal, was received and filed on motion of Councilman
Graves, seconded by Councilman Whelchel.
City Council Minutes
April 5, 1965
Page -14-
21. On motion of Mayor Davidson, seconded by Councilman Miller, a Grant Deed
and Street Widening Agreement from Alan R. Crampton, street widening on John -
son..Avenue, was-approved-and-the Mayor was authorized to -,sign said,Agreement
and`have . the'Grant'Deed- :recorded on.-behalf of- the ;City_,. -Mot on,carried::I:
22. Tentative budget for Black Gold Cooperative Library System, was received
and. filed..
23. ''Communicati-on from the D- 6taitment`of Water Resources regarding location
of the . State.'. s new, nuclear pawer;,plant:,near _Whale ,Rock;Reservoir; ;was. ;re
ceived and filed. �•
24. ,Communication -from the .Department- of.Veterans '...Af fairs, - regarding:,Senate
Concurrent'Resolution No 46 d'eahng with�a studybtC),.etermine ,the;needc:for
a`State- cemetery `for California - veterans —was received . and.,f led, .: ,
25. Legislative Bulletin. from.the- L_eague,of, :California Cities:dated:.March_ 29,
1965 was received and filed.
26. 'Report by the San LiAs- Obispo County.Historical Museum - .Curator of acti-
vities for the period ending -March 22, 1965, was ordered received and filed.
27. Notice of the annual meeting of theWhale Rock Commission to be held
April 17, 1965, was received and filed. - -.
28.., Communication from•the.League of Calif ornia:.Cities relative .t0 ,.the City
:of.:Piedmont_- .-code- of. Ethics, was received and-,filed. _;.. _ -3
%:== Request from the DowntownAssociation for permission. :to.use- theJMission
Plaza Park for the display of farm animals April 9 through April 17, "1965;
was approved . on motion.of•Councilman.Miller,, seconded by. Councilman,Whelchel.
Motion carried.:;
. .�...._
Y. The following letter was received from Mart Rosenthal;
"I im the -owner of- Richard- �S.tree-t and -am .the only, ,s.,
property owner to be :affected by the current; planning .to .extend :Richard. Street
across the eXist ng all =year creek and'-to tie in with•the Sinsheimer School
area, other. than, ,of, course, .•the,.school'board and- ._the,;eity.,itself.. In dis-
cussing preliminary plans for ttie-- proposed liprovement;'with City :Engineer,
David•.Romer'o,' it appears that,a yery_minor:portion,.of my land willr.necessi-
tate" acquisition by the City to•acquisition by the City to achieve street.,
alignment.
In visiting the property_with'Mr: Romero•; we :were v_e_ryimpressed with'the -
natural beauty- of rustic'setting the - substantial growtU'bf the eucalgp-
-tus :.grove•,. the meandering .:creek :and the contiguity -':of• the property: • -to
Sinsheimer Park. It is obvious, at least to met, tfiat:'•the ultimate-develop-
meat of this property should be to remain in status quo and become an
addition to' Sinsheimer...Park:;,::Certiin costs ,__t90 ;=contingent - :upon. the'- pro:
posed improvement: might be::eliminated: were %the C ty':to acquire this parcel'
at this _.time'-and -before :work- begins..
M purpose in writi ou 'is to- advise tfierefore that this.. ro ert ma. be
YPr'P a8y , P P Y may
,purchased. ,. I..acquired, it: through a •foreclosure ,.and.,it : is_3not being: held „for
speculation, h;erice 'no'obstacle exists •.to negotiating on - s-basis= equable ;to
all parties concerned. ”-
May.• -I .suggest that- -top.-priority:.-be -given:•:tfiis .proposal?; :I 'understand •thaf-
improvements ..in :the _form' of street :work :and culvert -are.:slited, for completion
by the opening of school in September ".
_
;. On: motion..—,of:,—.Councilman Gra%es,•.:seconded by:: Mayor -:Davidsoa, .the matter .was•
referred ..to: the'. Park '.6.,Recreation::commissiori - and: :the .Planning• Commission for
study and recommendation.;:: Motion..carri`ed.. s
On motibn•:of • Mayor., Davidson;:,.seconde& by Councilman'.:Miller., 'the: meeting-. ad=
journed at 12:30 P. M. Motion carried:;;s..':'
APPROVED: May 1, 1965
r TRICK, CITY CLERK
1
L
0
°1
City Council Minutes
April 5, 1965
Page -11-
3. The cut below Highland Drive and fill above Highland Drive increased
the sheering stress along the old slide plane.
4. Slow movement along the old slide plane probably has occurred since the
' original cut was made. This movement eventually ruptured the water pipe. The
addition of water from the pipe reduced the resistance to sliding and eventually
led to the rapid displacement of the slide mass.
5. Failure would have occurred in time even without the presence of the
water from the pipe.
6. The same basic condition exists elsewhere on the lots above and below
Highland Drive, and slow movement may be occuring in these areas. However,
the slide occurred at the section where the geometric configuration was the
most critical."
City Engineer Romero explained that the conclusions reached by the consultant
agreed with his own previous report to the Council. He anticipated no problem
in joint supervision of the work with Mr. Williams. He stated that the work
was of such a nature that it could not be let to bid efficiently and therefore
recommended the work be done by City forces, renting equipment and hiring men
as needed.
Robert Williams, Engineer, questioned the conclusion arrived at by Frankian
and Associates in the memo dated April 5, 1965 and signed by D. Moran. He
particularly questioned Item #4 which states that the slide plane had moved
since the original cut was made, which eventually ruptured the water pipe.
He felt that the matter of water is an important item in the matter.
Mr. Williams continued that the repairs of the street will take care of the
problems on the adjoining lots.
Mr. Woolaert asked that the statement by Prankian and Associates regarding
possible future movement in this area not be given too much publicity as this
would effect sales of property in the area. He also felt that the City should
proceed with repairing the street and adjoining property under the conditions
presented by him. He stated that he would like to get this decision made as
soon as possible by the Council so he would know) whether to file a claim against
the City for the work to be done.
City Engineer Romero recommended that the City wait for the consultant's
complete report.
City Engineer Romero staced that the report showed that the slide was caused
by grading on the slope below the road. The estimated cost to replace
Highland Drive and repair to adjoining properties using City forces would be
approximately $16,000.00.
CiCy Attorney Houser explained action for consideration of the Council.
That the repair of the road and adjoining premises apparently must be done
as a single construction project since neither portion could be dole independent-
ly of each other. That the degree of responsibility insofar as the original
condition of the property and whether there was any actionable negligence by
the City was far from clear at this moment, but if there was any negligence on
the part of the City, it would be covered by our insurance policy. The problem
for the Council was whether to accept the proposed compromise and settlement
or to allow the matter to be litigated. That, in any event, it appeared from
the Engineering Reports that the responsibility for repairing the street was
the City's.
On motion of Councilman Miller, seconded by Councilman Whelchel, that the
proposed compromise and settlement, consisting of Items 1 through 5 be accepted
by the City. Motion carried.
Mayor Davidson felt that the Council was moving ahead too fast on this matter
as he felt that the Council should wait until the consultant's report is
received.
City Council Minutes
April 5, 1965
Page -12-
Al Ferrini appeared before the Council: stating.:that. they wanted action on
this-matter now , so that. , they would -notjose,o.ut on,- their: right" to!isubblt a
claim and sue the City for all the.-damage dqqe,:t-o his,,.iproperty.,..-__,-
10. .. -Llovd. E.- - Somogyi:? - Attorn y ..,r(tquested that -the ,.f ollowing: matter�.!be held
,-.:over -to the ,meeting -A pyil, 19,--1965:
A. Application from C. F. Connors for a.;.qard. roPm._licenseI at :69.9 EHigueri
Street.
B. Communication from City Chief of Police Schofield recommending:-4dnial.--i
of this license for the following reasons:
1. A card room can-serve -no,.useful..ppb;,ic,SAryice-:=
2. -The .establishment of,a.- card rooin.would.create a.police
burden, and at present 'there are no budgetary funds
available to regulate the operations of such establishments.
...3.-- A card..room-cannot-.survive.,bn.,the,.Xe,vqTlRq..pf•;:gard.1,t_able_
fees. alone,: thereby-creatin • possible •yiplationi-1
gamb ling,: kaws_-
C . ...Communicition from. . t he -Police..Advisorv-,Board.,regarding..,-.th.e.:..card table;
licenses. They stated that they
'did not ,.
believe that an enterprisg;-of,�.:
this type serves any useful purpose in our community, and can as a matter
of, f act.-cause law .enf orcement. problems..., y be iev
d-:.:
that if
one or two card.. rooms are permitted -to operate,ft would 'not be�.� L-LL
possible to. preve'nt other.. similar establJ'hm. ts . f rom., doip
_s en g:ahe -same thing.
They recommended, that. no. new, licenses or, permits •be issuedl:fqT, this type..;:,.
of busin- es. s. . a- nd I that z l i.c.-. en— ses presentl—yz . ir. ef f ect be dro.ppg4,qn
On•motion of Mayor Davidson,�spconded bv- Councilman, Miller,.:zkat•,the recom7:.
mendation of the Police Advisory Board be acce.pted..,,.,;r7--,.
Mayor. Davidson did. not believe that the card, room adds, anything :to the;..-.
community and feels..that they .should 'be..closed
-.0n..motion of Mayor.. Davidson, seconded. by- Councilwoman- McNeil, _'the; f ohlow-ing!
ordinance.was introdaced' Ordinance.No._310,;an ordinance enactinp—Section-
90,4 .1 providing
...'for- te'rminati6n.,of card. room. licenses,...,
Ordinance did not pass on the following roll call vote:
7.
AYES: -Miss Margaret McNeil, Clay P. Davidson
NOES :;. R. L. Graves,,. Jr. ,r.Donald Q. Miller, .Clell-,W. Whqlchel
.ABSENT: - N6ne
Councilman Graves stated that he believed there should be an opportunity f6r
the licensees to appegr,.before'the Council before the 'prdinance,,is passed to
print'. it
_ ''�The Ci ty Council- digcu6s6d the. 1ssuan c e,?f a
caid tabli license in the City:
of San Luis- Obispo.
''On motion bf-Couft-c4iiiiAfi Grav'es, seconded b�' Coiiiicilmiin Whelchel'.. 'the-fo'll6w-_
41 i" -.- 11--luft- �,.
-oduZed*. R&so uQ6 -'.-140
---ii�g resolution �Yds'iiiti 2. fi 140 5 reso on establishing
4. . policy - regarding car . a' ro6f.a,i in-.'the C i t-y -of San" L4! 'gbsipo.
2
Pass&d and adopted ofi"the iftl6wifi9 "' roll" &all' ;j ot e�
AYES:. Clay.P. Davidson, R.-,L.,Graves, Miss Ma'rg4ret McNeil,...,
r. ., .1 C. ; i ;. ,Jr.., �
Mil 17:
Wri ld -lir-,—Clell W. Whelche
0
NOES: None
•
- ABSENT: None..,,.
I
I