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HomeMy WebLinkAbout03/02/19591 CZ M d �J 1 MAR 2 1959 9 7 SPECIAL CALLED MEETING March 2, 1959 - - - 9 A. M. The City Council met in special called session with Mayor Fred H. Lucksinger pre- siding. Roll Call: Present - Nels Beck, Kenneth W. Jones, Richard G. Sleight, J. Barry Smith, Fred H. Lucksinger Absent - None >;! RESOLUTION NO. 510 (1959 Series), "A Resolution of Appreciation to the Honorable Edmund G. Brown, Governor of California" was passed and adopted on motion of Richard G. Sleight, seconded by Nels Beck on the following roll call vote: AYES: Nels Beck, Kenneth W. Jones, Richard G. Sleight, J. Barry Smith, Fred H. Lucksinger NOES: None ABSENT: None The meeting was adjourned on motion of Nels Beck, seconded by J. Barry Smith. Approved this 30 day of March, 1959. RWOWMFO 4WT_P_, COUNCIL MEETING March 2, 1959 - 7:30 P.M. The City Council met in regular session with Mayor Fred H. Lucksinger presiding. Invocation: Reverend Kendall - Methodist Church of San Luis Obispo Roll Call: Present - Nels Beck, Kenneth W. Jones, Richard G. Sleight, J. Barry Smith, Fred H. Lucksinger Absent - None The minutes of the meeting of February 16, 1959 were approved as read. Claims against the city for the month of March, 1959 were approved on motion of Kenneth W. Jones, seconded by Richard G. Sleight subject . to the approval of the Administrative Officer. The City Clerk reported on the one bid received and opened from De Laval Turbine Pacific Company for furnishing pumping units for the Water Department: Pump No..l -- $ 887.00 Pump No. 2 -- 1,334.00 Bid f.o.b. Millbrae, California, with freight allowed to San Luis Obispo. Bid plus 4% sales tax. On recommendation of Mr. Miller, Administrative Officer, the bid was awarded to De Laval Turbine Pacific Company on motion of Kenneth W. Jones, seconded by Nels Beck. RESOLUTION NO. 515 (1959 Series), "A Resolution Increasing the 1958 -59 Budget" (Air Service Application) was passed and adopted on motion of Richard G. Sleight, seconded by Kenneth W. Jones on the following roll call vote: 98 MAR 2 1959 ;� AYES: Nels Beck, Kenneth W. Jones, Richard G. Sleight, Fred..H..,Lucksinger NOES: J. Barry Smith ABSENT: None Richard Miller, City Administrator, reported that two of the options on Parking Lot #4 are being exercised and that the third option previously authorized by the Council to purchase Mr. Main 's property was also being exercised, in that escrow had been opened. William Houser, City Attorney, reported that the Maino parcel need not be ?i?I exercised at this time, inasmuch as a three -party agreement had been prepared providing for Mr. Humphrey to purchase the property from Mr. Maino and to give the city a new option for an additional year and a half. Interest would be paid only on.a small portion of the property, and approximately $38,000 necessary to release the outstanding trust deed would not have to be paid for some period of time. The Council requested the matter be held over for a study session for the fol- lowing Monday, March 9, 1959. RESOLUTION NO. 516 (1959 Series), "A Resolution Transferring Funds and Increasing the 1958 -59 Budget" was passed and adopted on motion of J. Barry Smith, seconded by Nels Beck on the following roll call vote: AYES: Nels Beck, Kenneth W. Jones, Richard G. Sleight, J. Barry Smith, Fred H. Lucksinger NOES: None ABSENT: None RESOLUTION NO. 517 (1959 Series), "A Resolution Providing for the Holding of a Gen- eral Municipal Election, Establishing Precincts and Polling Places, and Appoint- ing Election Officers" was passed and adopted on motion of Richard G. Sleight, seconded by Kenneth W. Jones, on the following roll call vote: AYES: Nels Beck, Kenneth W. Jones, Richard G. Sleight, J. Barry Smith, Fred H. Lucksinger NOES: None ABSENT: None Request of Pacific Bandstand for application to hold a dance at Memorial Building on March 14 was approved on motion of Kenneth W: Jones, seconded by Richard G. Sleight. Legislative Bulletin from the League of California Cities regarding bills pre- sented to the Assembly and Senate at the legislative session was received and ..filed. 8 P.M. -- PUBLIC HEARING 1. ORDINANCE NO. 104 -- The Mayor declared the public hearing open on the final adoption of Ordinance No. 104 (1959 Series), "An Ordinance Abandoning a Portion of Iris Street." No one appeared regarding this street abandon- ment and the hearing was closed on motion of Richard G. Sleight, seconded by by Kenneth W. Jones, Ordinance No. 104 was finally adopted by the follow- ing roll call vote: AYES: Nels Beck, Kenneth W. Jones, Richard G. Sleight, J. Barry Smith, Fred H. Lucksinger NOES: None ABSENT: None 2. ORDINANCE NO. 106 -- The Mayor declared the public hearing open on Ordinance No. 106 (1959 Series), "An Ordinance of Intention to Abandon a Portion of Park Street." As no one appeared before the Council regarding this or- dinance, it was finally passed on motion of Richard G. Sleight, seconded by Kenneth W. Jones on the following roll call vote: MAR 2 195 AYES: Nels Beck, Kenneth W. Jones, Richard G. Sleight, J. Barry Smith, Fred H. Lucksinger NOES: None ABSENT: None ORDINANCE NO. 107 (1959 Series), "An Ordinance Abandoning a Portion of Park Street Subject to a Sewer and Water Easement" was introduced-and passed to print on motion of Richard G: Sleight, seconded by Kenneth W. Jones on the following roll call vote: AYES: Nels Beck, Kenneth W. Jones; Richard G. Sleight, J. Barry Smith, Fred H. Lucksinger NOES: None ABSENT: None 3. SOUTHWOOD SUBDIVISION REZONING The Mayor declared the public hearing open on the recommendations of the City Planning Commission to rezone certain properties in the Johnson Avenue- Laurel Lane area (Southwood Subdivision). y Mayor Lucksinger asked Mr. Romero, City Engineer, to explain the background on the rezoning, as proposed by the City Planning Commission. Mr. Romero d did so, and further explained that the reason for the Planning Commission �j adding the "S" requirement to the C -1 area was so the city could keep con - trol of the commercial area through a use permit. T.I. O'Reilly, Attorney representing a group of property.owners protesting the proposed rezoning to C -1, suggested that as he had been retained just the past several days, it would be a good time for theCity Council to refer the proposed rezoning-back to the Planning Commission so that the Planning Commission could get the benefit of the protestants thoughts about the pro - posed rezoning. Also, he did not believe it fair for the City Council to be required to do this. Mr. O'Reilly further statedthat due to the way the legal notice was written and advertised, while possibly legal, it was ex- tremely difficult for the average person to understand the location of the proposed commercial area. He believed that re- hearing by the Planning Com- mission would be the fair way to arrive at this rezoning so that the Plann- ing Commission could hear the protests. He further stated that the protests were only regarding the C -IS rezoning, not the R -1 or the R -3 proposals. Mr. Flagg, Subdivider of the Southwood Subdivision, appeared before the City Council on behalf of his .request to the Planning Commission for rezoning of a portion of the Southwood subdivision to C -1S, said request having been approved and-recommended by the Planning Commission. Mr. Flagg stated that the C -IS area had been placed in the location as recommended after great study and expense on the part of his organization, in order to have the shopping center accessible to all portions of his 200 -home subdivision and also to adjacent areas. Mr. Flagg then read excerpts from the Telegram - Tribune editions of September 10 and 19, 1958, November 21, 1958, December 19, 1958, and January 16, 1959, regarding the proposed Southwood Subdivision and also the proposed shopping center in said subdivision. Mr. Flagg then submitted a petition signed by 10 signers urging the adoption by the City Council of the recommendations of the City Planningcommission regarding the rezoning from M to R -1 and R -3 and also C -1S. Mrs. Ferne Wise protested the proposed commercial development on Johnson Avenue as she always considered her property and others in the Johnson area to be nice residential home areas, and should not be developed for shopping centers or any commercial endeavors. ' Mr. William Mc Keen protested the proposed rezoning to C -IS on the basis of spot zoning on Johnson Avenue, as there is already plenty of area zoned C -1 and C -2 in the Laurel -Lane area. Mr. Isola appeared before the Council protesting the rezoning as proposed by the Planning Commission for a shopping center in the Johnson Avenue area. 1010 LIAR Mrs. Rose Mc Keen appeared before commercial development on Johnson property on Laurel Lane which is as a concession when the area was 1959" theCity Council protesting the proposed c Avenue and defending the zoning of their C -2 and which was granted to the McKeens annexed to the City: Mr. F. McNamara, Realtor, appeared before the City Council and stated that he.believed a nice shopping center, properly controlled by the city through a use permit, would enhance the property values in the Johnson Avenue area and not devaluate the property as listed in the protest, because many loan- ing institutions, including F.H.A., look with favor on a well - developed shopping center near a residential development. Bill Spurlock, Contractor, appeared before theCouncil urging the rezoning to C -1S for a shopping center, as he believes it would not only enhance the property, but would reduce a certain amount of traffic on Johnson Avenue, as the people would have to go all the way downtown for the normal needs of the household. Mrs. Rose McKeen asked why the shopping center zoning could not be moved down to the Laurel Lane area in the vicinity of Orcutt Road by the rail- road tracks, so as to possibly serve a larger area and not encroach upon nice expensive residences on Johnson Avenue. Bill Mc Keen suggested that the C -1S zone be placed on Laurel Lane south and east of his C -2 property, so as to have C -1 commercial area contiguous. Mr. S. G. Willard appeared before theCouncil and stated that he believed that the shopping center was to be on.the corner of Orcutt and Johnson Avenue instead of up on Johnson Avenue half way between Laurel and Orcutt in the middle of the residential development. Mr. Don Sarten appeared before the Council and asked if Mr. Flagg, the sub- divider, could explain for the people present his plan for full development of the area he purchased from Mr. Mc Keen, which is presently being developed into the Southwood subdivision. Mr. Flagg stated that plans had not been finished for the complete develop- ment as the Planning Commission must set the.irarious parking requirements, access, etc. by use permit through the "S" requirement. Mr. Isola again appeared before the Council stating he was not opposing a shopping center as such, but did not care to own property in the vicinity of a C -1 area as the esthetic value of his property would not be protected because they were too close to commercial development. Also, that the R -1 zoning adjacent to the proposed shopping center had been placed there to protect his property for single family living and suggested that Mr. Flagg move his shopping center to another location in his tract. Mr. O'Reilly urged that Mr. Flagg could possibly move the shopping center area down along Laurel Lane nearer to the industrial area.so as not to in- fringe on the rights of single family property owners. Mr. O'Reilly also asked again that the matter be referred back to the City Planning Commission for hearings. Mr. Flagg asked that the Council act on the rezoning recommendations from the Planning Commission immediately, as it was a financial problem for him and his company to mark time while this matter was resolved. Mr. Humpton stated that he did not realize that the area involved in the proposed shopping center was going to be rezoned until he saw the map in the paper calling the City Council public hearing and that he for one was protesting the establsihment of a shopping center in this fine residential area and also the increased traffic which would be generated by the develop- ment of this center. 1 1 MAP ? 1459 101. Mr. Flagg appeared again and stated that the shopping center would be simi- lar to the development in the present college square on Foothill Boulevard. Don Q. Miller asked the Council if it were true that the city Traffic Committee had reported in the past that a minimum number of crossings should be made to main arterial streets, and would not an access for this shopping center in Southwood Tract violate this principle of the Traffic Committee. Also, he asked would the shopping center have access ramps from the shopping center to Johnson Avenue. He protested the estab- lishment of the shopping center in this area on this basis. Mr. O'Reilly asked that the Council keep in mind that shopping centers normally breed other undesirable commercial establishments such as service stations, and that type of enterprise. There being nothing further, the City Council asked Mr. O'Reilly'if he would prepare something to writing on behalf of his client within the next week or ten days and present it to the Council and fir. Flagg to do the same. The City Council would then set a study session to study all the remakrs made by the citizens present, at this meeting. ' The Mayor thanked everyone who took part in the discussion as this is the only way the City Council can find out what the people think. 4. EXTENSION OF AUGUSTA STREET At this time the Mayor declared the public hearing open on the advertised proposal to extend Augusta Street through to Laurel Lane via Richard Street. The City Clerk read the following communications: 1. Communication from the San Luis Obispo City Schools protesting the ex- tension of any street through the Sinsheimer school property. 2. Communication from the Sinsheimer P.T.A. Park Committee protesting the extension of Augusta to Richard Street and suggesting that Rich- ard.-:Street be terminated in a cul -de -sac and that access to the park from Augusta Street by way of a footpath and bridge. 3. Extract from the minutes of the Park and Recreation Commission meeting of November 26, 1958, stating that the commission was opposed to the cutting through of'Augusta Street to Richard Street which borders the five -acre park area near Sinsheimer school. At the request of Mayor Lucksinger, Mr. Romero, City Engineer, explained the reasons for requesting that the City Council connect Richard Street to Augusta Street. He is presently studying a special assessment district on Richard Street and it is the belief of the Planning Commission,.Planning Consultant and he himself, that a street should connect from Laurel Lane to the Goldtree area. Mayor Lucksinger then asked if anyone had any comments on this proposal to connect Augusta Street,to Richard Street. Mr. Graves protested the establishment of a shopping cert er on Johnson Avenue and believed that the shopping center was to be placed on Laurel Lane and Orcutt or he would have appeared before the Planning Commission and made his protest. Don Q. Miller appeared before the Council asking what was to be the final width of'Laurel Lane :when completely widened and also the width of Johnson Avenue. Mr. Romero answered that Laurel Lane and Johnson Avenue would be 64 feet wide, curb to curb which would allow two -lanes of traffic each way. ' Mr. Blaine Eisert appeared before the Council asking what type of develop - ne nt was anticipated in the proposed shopping center. For example, the height of the buildings, type of buildings, parking area, etc. Mr. Flagg appeared again and stated that the shopping center would be simi- lar to the development in the present college square on Foothill Boulevard. Don Q. Miller asked the Council if it were true that the city Traffic Committee had reported in the past that a minimum number of crossings should be made to main arterial streets, and would not an access for this shopping center in Southwood Tract violate this principle of the Traffic Committee. Also, he asked would the shopping center have access ramps from the shopping center to Johnson Avenue. He protested the estab- lishment of the shopping center in this area on this basis. Mr. O'Reilly asked that the Council keep in mind that shopping centers normally breed other undesirable commercial establishments such as service stations, and that type of enterprise. There being nothing further, the City Council asked Mr. O'Reilly'if he would prepare something to writing on behalf of his client within the next week or ten days and present it to the Council and fir. Flagg to do the same. The City Council would then set a study session to study all the remakrs made by the citizens present, at this meeting. ' The Mayor thanked everyone who took part in the discussion as this is the only way the City Council can find out what the people think. 4. EXTENSION OF AUGUSTA STREET At this time the Mayor declared the public hearing open on the advertised proposal to extend Augusta Street through to Laurel Lane via Richard Street. The City Clerk read the following communications: 1. Communication from the San Luis Obispo City Schools protesting the ex- tension of any street through the Sinsheimer school property. 2. Communication from the Sinsheimer P.T.A. Park Committee protesting the extension of Augusta to Richard Street and suggesting that Rich- ard.-:Street be terminated in a cul -de -sac and that access to the park from Augusta Street by way of a footpath and bridge. 3. Extract from the minutes of the Park and Recreation Commission meeting of November 26, 1958, stating that the commission was opposed to the cutting through of'Augusta Street to Richard Street which borders the five -acre park area near Sinsheimer school. At the request of Mayor Lucksinger, Mr. Romero, City Engineer, explained the reasons for requesting that the City Council connect Richard Street to Augusta Street. He is presently studying a special assessment district on Richard Street and it is the belief of the Planning Commission,.Planning Consultant and he himself, that a street should connect from Laurel Lane to the Goldtree area. Mayor Lucksinger then asked if anyone had any comments on this proposal to connect Augusta Street,to Richard Street. <, MAR 2 1959 Dr.:Middleton, member of the San'Luis Obispo school board, appeared before the Council protesting on behalf of the school board and for the safety of the children who attend Sinsheimer school, as the proposal by the city would bisect the school yard with a wide street and the children would be vulnerable to high -speed traffic in using the loading area. He stated that he did not believe a street ofthis type should bisect a school play yard. He suggested that possibly the best street to develop would be the exten- sion of Southwood and Helena Street, as this would be south of the elementary school development and would be safer for children, and also make for better development of school district property in this area. Mr. E. Blake, resident of Augusta Street, appeared before the City Council explaining that due to the topography and design of Augusta Street from Sydney Street, it is extremely difficult for motorists going east or west on Augusta Street to see children very easily until th ey were just on top of them. He said that due to lack of sidewalks, this is a very unsafe condition, and would not appear to be a good idea to add additional fast through traffic in this area. Mrs. Black, resident of Augusta Street, appeared before the Council and protested the extension of Augusta Street due to the topography which would be a hazard for motorists and pedestrians alike. Mr. Tenhaeff appeared before the City Council protesting the extension of Augusta Street through to Laurel Lane due to the excessive speed of traffic on Augusta Street at the present time which would only be increased due to. the additional cars using it as access to the south end of San Luis Obispo. Mr. Dale Frady appeared before the City Council stating that even though sidewalks would be placed on Augusta Street as the assessment district was organized, when Augusta Street reached the Hagan Tract no sidewalks were included and the children would be required to again walk in the street.. For childrens safety, nothing would be accomplished by this development. Mr. Isola appeared before the Council and stated that he thinks the best solution would be the termination of Richard Street at the creek and that a foot bridge across the creek would be adequate for the children going to school. Mrs. Rose McKeen appeared before the City Council statingthat she believed some access should be made to the Hagan, Goldtree and Sinsheimer school area and that the suggestion of Southwood Drive and Helena Street might be the solution to the problem rather than bisecting the school property on Augusta Street. After some discussion by the City Council, it was mw ed by Mr. Sleight, and seconded by Kenneth W. Jones, that Richard Street not be opened and connected to Augusta Street and that the City Engineer go ahead on that basis for the development of the Richard Street assessment district. Fur- ther, the Engineer and Planning Commission should study the possibility of opening Southwood Drive and Helena Street. COMMUNICATIONS 1. Communication from Mrs. Maude Breeden protesting the requirement of the City Planning Commission for her to install sidewalk, curb and gutter as a condition of a use permit for 2600 Meadows Street. Mrs. Breeden apppeared before the City Council on behalf of her letter, re- questing relief from the provisions of the Planning Commission. Councilman Jones asked if Mrs. Breeden had been notified by the city building or planning departments-of the requirements of sidewalk, curb and gutter at the time she applied for her building permit. Mr. Fraser, Planning Director, stated that Mrs. Breeden was not so advised as the requiremert s were placed there by the Planning Commission and not by the building or planning departments. 1 1 LIAR 2 1959 103' Mr. Houser, City Attorney, stated in response::to question, that this has been the policy of the Planning Commission for several months to require curb,. gutter and sidewalk in all houses through the is a permit and that if this provision is denied by the City Council the Planning Commission will re- quire some guidance from the City Council on future use permits. Councilman Jones stated that he believed this requirement was unfair to...Fzs. Breeden as she lives on a half street andrno. other sidewalks are installed inher neighborhood, and that she was not-notified at the time :of her application for a building permit. Mr. Fryer, salesman for Paragon Homes, stated that at no time during the ne- gotiation for this building was any mention made to the contractor to build sidewalk, curb or gutter. The matter was referred to the City Coun- cil adjourned meeting of March-9, 1959. 2. Communication from the Morro Bay Rifle Club, requesting permission to use the City Hall rifle range at such times as the schedule permits, was referred to the City Clerk to check schedules of other clubs presently using the range. ,-b 3. Communication from John Louk,•279 Branch Street, regarding sewer failure on rye Branch Street foo which they were required to pay through a local contractor CrJ and asking relief by the city on this matter -- referred to the city engineer 2 for investigation. Q ' 4. Construction plans for-the Terrace Hill water line and earthwork were approved on motion of Kenneth W. Jones, seconded by Richard G. Sleight. 5. Construction plans for the lower Higuera sewer line were approved on motion of Kenneth W. Jones, seconded by Richard G. Sleight. 6. Final map of Tract 144, Hillside Manor was approved on motion of J. Barry Smith, seconded by Kenneth W. Jones, subject to the filing of the necessary fees, subdivision agreement, bonds, construction plans and title policy. RESOLUTION NO. 518 (1959 Series), "A Resolution Accepting the Final Map of Tract 144, Hillside Manor" was passed and adopted on motion of Nels Beck, seconded by Kenneth W. Jones on the following roll call vote: AYES: Nels Beck, Kenneth W. Jones, Richard G. Sleight, J: Barry Smith, Fred H. Lucksinger NOES: None ABSENT: None 7. Communication from the Planning Commission recommending the rezoning for John Deeter, Foothill Boulevard from R -1 to R -3. ORDINANCE NO. 108 (1959 Series), "An Ordinance Amending Section 9200.5 of the San Luis Obispo Municipal Code to Rezone Certain Real Property" was intro- duced and passed to print on motion of Richard G. Sleight, seconded by Kenneth W. Jones on the following roll call vote: AYES: Nels Beck, Kenneth W. Jones, Fred H. Lucksinger NOES: None ABSENT: None Ridiard G. Sleight, J. Barry Smith, 8. Communication from the City Planning Commission notifying the City Council of the change of zoning request by Archie McCormick from R -1 to R -2. (Fixlini from Lizzie to school property). ' ORDINANCE NO. 109 (1959 Series), "An Ordinance Amending Section 9200.5 of the San Luis Obispo Municipal Code to Rezone Certain Real Property" was intro- duced and passed to print on motion of Kenneth W. Jones, seconded by Richard G. Sleight on the following roll call vote: AYES: Nets Beck, Kenneth W. Jones, Richard G. Sleight, J. Barry Smith, Fred H. Lucksinger NOES: None ABSENT: None MAR 2 9959. 9. Communication from the City Planning Commission recommending approval of the re- quest'for street abandonment of William L. Mynatt (portion of Munoz Street). ORDINANCE NO. 110 (1959 Series), "An Ordinance of Intert ion to Abandon a Por- tion of Munoz Street" was iit roduced and passed to print on motion of J. Barry Smith, seconded by Richard G. Sleight on the following roll call vote: AYES:. Nels Beck, Kenneth W. Jones, Fred H. Lucksinger NOES: None ABSENT: None Richard G. Sleight, J. Barry Smith, 10. Plans and specifications for the Grand Avenue gas tax improvement was.approved by the Council on motion of Richard G. Sleight, seconded by Kenneth W. Jones. OLD BUSINESS 1. Application for business license from Madonna Inn was approved on motion of Richard G. Sleight, seconded by Kenneth W. Jones, and business license ordered issued. 2. Communication from the Tri- County Boat and Ski Club requesting Council permise sion.to hold a downtown boat parade on Thursday, March 19 at 7:00 pm, to publicize the boat show. On motion of Kenneth W. Jones, seconded ' by-Nels, Beck, the request was approved and the .boat club was to coodinate with the City Police Department. 3. City Attorney reported.that the.City of Salinas and San Luis Obispo had jointty requested West Coast Airways to service the two cities with air carrier service and that a preliminary study indicated that such service would be financially feasible. He further reported that West Coast had indicated an interest in the proposal and requested Council authorization to.sponsor a joint exhibit with the City of Salinas to show this financial feasibility and to appropriate $100 to cover the cost thereof. Council, by motion, authorized the joint exhibit. RESOLUTION NO. 519 (1959 Series), "A Resolution Increasing the 1958 -59 Budget" was passed and adopted on motion of Kenneth W. Jones, seconded by Nels Beck on the following roll call vote: AYES: Nels Beck, Kenneth W. Jones, Fred H. Lucksinger NOES: None ABSENT: None Richard G. Sleight, J. Barry Smith, 4. City Clerk was instructed to write Mrs. Epperly, conveying the sympathy of the City Council on the.death of her husband, former City Police Chief Bernard Epperly. On motion of Richard G.Sleight, seconded.by Nels Beck, the meeting adjourned to March 9, 1959 at 7:30 pm. Approved this _f6 day of March, 1959. EVE 1 1